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90_SB0776
55 ILCS 5/3-4006 from Ch. 34, par. 3-4006
Amends the Counties Code. Provides that a public
defender shall not be involved in any manner in the posting
of security for bail or in any of the conditions of bail
bond. Effective immediately.
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1 AN ACT to amend the Counties Code by changing Section
2 3-4006.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 3-4006 as follows:
7 (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
8 Sec. 3-4006. Duties of public defender. The Public
9 Defender, as directed by the court, shall act as attorney,
10 without fee, before any court within any county for all
11 persons who are held in custody or who are charged with the
12 commission of any criminal offense, and who the court finds
13 are unable to employ counsel. The public defender shall not,
14 either personally or in the capacity of public defender, be
15 involved in any manner in the posting of security for bail
16 under Sections 110-7 and 110-8 of the Code of Criminal
17 Procedure of 1963, or in any of the conditions of bail bond
18 under Section 110-10 of the Code of Criminal Procedure of
19 1963.
20 The Public Defender shall be the attorney, without fee,
21 when so appointed by the court under Section 1-20 of the
22 Juvenile Court Act or Section 1-5 of the Juvenile Court Act
23 of 1987 or by any court under Section 5(b) of the Parental
24 Notice of Abortion Act of 1983 for any party who the court
25 finds is financially unable to employ counsel.
26 Every court shall, with the consent of the defendant and
27 where the court finds that the rights of the defendant would
28 be prejudiced by the appointment of the public defender,
29 appoint counsel other than the public defender, except as
30 otherwise provided in Section 113-3 of the "Code of Criminal
31 Procedure of 1963". That counsel shall be compensated as is
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1 provided by law. He shall also, in the case of the conviction
2 of any such person, prosecute any proceeding in review which
3 in his judgment the interests of justice require.
4 (Source: P.A. 86-962.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.