[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0636
725 ILCS 5/113-3 from Ch. 38, par. 113-3
Amends the Code of Criminal Procedure of 1963. Provides
that the Public Defender may represent a defendant who
appears to be financially unable to obtain counsel prior to a
court appearance and shall continue representation until it
is determined that the person is financially able to obtain
counsel.
LRB9002678RCks
LRB9002678RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 113-3.
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 as follows:
7 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
8 Sec. 113-3. (a) Every person charged with an offense
9 shall be allowed counsel before pleading to the charge. If
10 the defendant desires counsel and has been unable to obtain
11 same before arraignment the court shall recess court or
12 continue the cause for a reasonable time to permit defendant
13 to obtain counsel and consult with him before pleading to the
14 charge. If the accused is a dissolved corporation, and is not
15 represented by counsel, the court may, in the interest of
16 justice, appoint as counsel a licensed attorney of this
17 State.
18 (b) In all cases, except where the penalty is a fine
19 only, if the court determines that the defendant is indigent
20 and desires counsel, the Public Defender shall be appointed
21 as counsel. If there is no Public Defender in the county or
22 if the defendant requests counsel other than the Public
23 Defender and the court finds that the rights of the defendant
24 will be prejudiced by the appointment of the Public Defender,
25 the court shall appoint as counsel a licensed attorney at law
26 of this State, except that in a county having a population of
27 1,000,000 or more the Public Defender shall be appointed as
28 counsel in all misdemeanor cases where the defendant is
29 indigent and desires counsel unless the case involves
30 multiple defendants, in which case the court may appoint
31 counsel other than the Public Defender for the additional
-2- LRB9002678RCks
1 defendants. The court shall require an affidavit signed by
2 any defendant who requests court-appointed counsel. Such
3 affidavit shall be in the form established by the Supreme
4 Court containing sufficient information to ascertain the
5 assets and liabilities of that defendant. The Court may
6 direct the Clerk of the Circuit Court to assist the defendant
7 in the completion of the affidavit. Any person who knowingly
8 files such affidavit containing false information concerning
9 his assets and liabilities shall be liable to the county
10 where the case, in which such false affidavit is filed, is
11 pending for the reasonable value of the services rendered by
12 the public defender or other court-appointed counsel in the
13 case to the extent that such services were unjustly or
14 falsely procured. Prior to any court appearance, a public
15 defender may represent a person accused of violating the law,
16 who appears to be financially unable to obtain counsel, and
17 shall continue to represent the person unless it is
18 subsequently determined that the person is financially able
19 to obtain counsel. The representation may be made available
20 at the discretion of the Public Defender, upon the request of
21 the person or someone on the person's behalf. Any law
22 enforcement officer may notify the public defender of the
23 arrest of any such person.
24 (c) Upon the filing with the court of a verified
25 statement of services rendered the court shall order the
26 county treasurer of the county of trial to pay counsel other
27 than the Public Defender a reasonable fee. The court shall
28 consider all relevant circumstances, including but not
29 limited to the time spent while court is in session, other
30 time spent in representing the defendant, and expenses
31 reasonably incurred by counsel. In counties with a
32 population greater than 2,000,000, the court shall order the
33 county treasurer of the county of trial to pay counsel other
34 than the Public Defender a reasonable fee stated in the order
-3- LRB9002678RCks
1 and based upon a rate of compensation of not more than $40
2 for each hour spent while court is in session and not more
3 than $30 for each hour otherwise spent representing a
4 defendant, and such compensation shall not exceed $150 for
5 each defendant represented in misdemeanor cases and $1250 in
6 felony cases, in addition to expenses reasonably incurred as
7 hereinafter in this Section provided, except that, in
8 extraordinary circumstances, payment in excess of the limits
9 herein stated may be made if the trial court certifies that
10 such payment is necessary to provide fair compensation for
11 protracted representation. A trial court may entertain the
12 filing of this verified statement before the termination of
13 the cause, and may order the provisional payment of sums
14 during the pendency of the cause.
15 (d) In capital cases, in addition to counsel, if the
16 court determines that the defendant is indigent the court
17 may, upon the filing with the court of a verified statement
18 of services rendered, order the county treasurer of the
19 county of trial to pay necessary expert witnesses for
20 defendant reasonable compensation stated in the order not to
21 exceed $250 for each defendant.
22 (e) If the court in any county having a population
23 greater than 1,000,000 determines that the defendant is
24 indigent the court may, upon the filing with the court of a
25 verified statement of such expenses, order the county
26 treasurer of the county of trial, in such counties having a
27 population greater than 1,000,000 to pay the general expenses
28 of the trial incurred by the defendant not to exceed $50 for
29 each defendant.
30 (Source: P.A. 85-1344.)