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90_HB3378
725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1
Amends the Code of Criminal Procedure of 1963. Provides
that the posting of a money bond by the defendant or by some
other person on the defendant's behalf conclusively
constitutes evidence of the defendant's ability to pay
reimbursement for the cost of court-appointed counsel in
representing the defendant to the extent of the amount of the
money bond posted.
LRB9007875RCksA
LRB9007875RCksA
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 113-3.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 113-3.1 as follows:
7 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
8 Sec. 113-3.1. Payment for Court-Appointed Counsel.
9 (a) Whenever under either Section 113-3 of this Code or
10 Rule 607 of the Illinois Supreme Court the court appoints
11 counsel to represent a defendant, the court may order the
12 defendant to pay to the Clerk of the Circuit Court a
13 reasonable sum to reimburse either the county or the State
14 for such representation. In a hearing to determine the amount
15 of the payment, the court shall consider the affidavit
16 prepared by the defendant under Section 113-3 of this Code
17 and any other information pertaining to the defendant's
18 financial circumstances which may be submitted by the
19 parties. Such hearing shall be conducted on the court's own
20 motion or on motion of the State's Attorney at any time after
21 the appointment of counsel but no later than 90 days after
22 the entry of a final order disposing of the case at the trial
23 level.
24 (b) Any sum ordered paid under this Section may not
25 exceed $500 for a defendant charged with a misdemeanor,
26 $5,000 for a defendant charged with a felony, or $2,500 for a
27 defendant who is appealing a conviction of any class offense.
28 (c) The method of any payment required under this
29 Section shall be as specified by the Court. The court may
30 order that payments be made on a monthly basis during the
31 term of representation; however, the sum deposited as money
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1 bond shall not be used to satisfy this court order. Any sum
2 deposited as money bond with the Clerk of the Circuit Court
3 under Section 110-7 of this Code may be used in the court's
4 discretion in whole or in part to comply with any payment
5 order entered in accordance with paragraph (a) of this
6 Section. The posting of a money bond by the defendant or by
7 some other person on the defendant's behalf conclusively
8 constitutes evidence of the defendant's ability to pay
9 reimbursement under this Section to the extent of the amount
10 of the money bond posted. The court may give special
11 consideration to the interests of relatives or other third
12 parties who may have posted a money bond on the behalf of the
13 defendant to secure his release. At any time prior to full
14 payment of any payment order the court on its own motion or
15 the motion of any party may reduce, increase, or suspend the
16 ordered payment, or modify the method of payment, as the
17 interest of fairness may require. No increase, suspension, or
18 reduction may be ordered without a hearing and notice to all
19 parties.
20 (d) The Supreme Court or the circuit courts may provide
21 by rule for procedures for the enforcement of orders entered
22 under this Section. Such rules may provide for the assessment
23 of all costs, including attorneys' fees which are required
24 for the enforcement of orders entered under this Section when
25 the court in an enforcement proceeding has first found that
26 the defendant has willfully refused to pay. The Clerk of the
27 Circuit Court shall keep records and make reports to the
28 court concerning funds paid under this Section in whatever
29 manner the court directs.
30 (e) Whenever an order is entered under this Section for
31 the reimbursement of the State due to the appointment of the
32 State Appellate Defender as counsel on appeal, the order
33 shall provide that the Clerk of the Circuit Court shall
34 retain all funds paid pursuant to such order until the full
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1 amount of the sum ordered to be paid by the defendant has
2 been paid. When no balance remains due on such order, the
3 Clerk of the Circuit Court shall inform the court of this
4 fact and the court shall promptly order the Clerk of the
5 Circuit Court to pay to the State Treasurer all of the sum
6 paid.
7 (f) The Clerk of the Circuit Court shall retain all
8 funds under this Section paid for the reimbursement of the
9 county, and shall inform the court when no balance remains
10 due on an order entered hereunder. The Clerk of the Circuit
11 Court shall make payments of funds collected under this
12 Section to the County Treasurer in whatever manner and at
13 whatever point as the court may direct, including payments
14 made on a monthly basis during the term of representation.
15 (g) A defendant who fails to obey any order of court
16 entered under this Section may be punished for contempt of
17 court. Any arrearage in payments may be reduced to judgment
18 in the court's discretion and collected by any means
19 authorized for the collection of money judgments under the
20 law of this State.
21 (Source: P.A. 88-394.)