Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
Sec. 121-13.
Pauper Appeals.
(a) In any case wherein the defendant was
convicted of a felony, if the court determines that the defendant desires
counsel on appeal but is indigent the Public Defender or the State
Appellate Defender shall be appointed as counsel, unless with the consent
of the defendant and for good cause shown, the court may appoint counsel
other than the Public Defender or the State Appellate Defender.
(b) In any case wherein the defendant
was convicted of a felony and a sentence of death was not imposed in the
trial court the reviewing court, upon petition of the defendant's
counsel made not more frequently than every 60 days after appointment,
shall determine a reasonable amount to be allowed an indigent
defendant's counsel other than the Public Defender or the State
Appellate Defender for compensation and reimbursement of expenditures
necessarily incurred in the prosecution of the appeal or review
proceedings. The compensation shall not exceed $1500 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The reviewing court shall enter an order directing the
county treasurer of the county where the case was tried to pay the
amount allowed by the court. The reviewing court may order the
provisional payment of sums during the pendency of the cause.
(c) In any case in which a sentence of death was imposed in the
trial court, the Supreme Court, upon written petition of the defendant's
counsel made not more than every 60 days after appointment, shall
determine reasonable compensation for an indigent defendant's attorneys
on appeal. The compensation shall not exceed $2,000 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The Supreme Court shall enter an order directing the
county treasurer of the county where the case was
tried to pay compensation and reimburse expenditures necessarily incurred
in the prosecution of the appeal or review proceedings. The Supreme Court
may order the provisional payment of sums during the pendency of the cause.
(Source: P.A. 86-318; 87-580.)
|
