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Public Act 102-0410


 

Public Act 0410 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0410
 
HB2790 EnrolledLRB102 14594 AWJ 19947 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing
Section 3-4006 as follows:
 
    (55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)
    Sec. 3-4006. Duties of public defender. The Public
Defender, as directed by the court, shall act as attorney,
without fee, before any court within any county for all
persons who are held in custody or who are charged with the
commission of any criminal offense, and who the court finds
are unable to employ counsel.
    The Public Defender shall be the attorney, without fee,
when so appointed by the court under Section 1-20 of the
Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
1987 or by any court under Section 5(b) of the Parental Notice
of Abortion Act of 1983 for any party who the court finds is
financially unable to employ counsel.
    In cases subject to Section 5-170 of the Juvenile Court
Act of 1987 involving a minor who was under 15 years of age at
the time of the commission of the offense, that occurs in a
county with a full-time public defender office, a public
defender, without fee or appointment, may represent and have
access to a minor during a custodial interrogation. In cases
subject to Section 5-170 of the Juvenile Court Act of 1987
involving a minor who was under 15 years of age at the time of
the commission of the offense, that occurs in a county without
a full-time public defender, the law enforcement agency
conducting the custodial interrogation shall ensure that the
minor is able to consult with an attorney who is under contract
with the county to provide public defender services.
Representation by the public defender shall terminate at the
first court appearance if the court determines that the minor
is not indigent.
    Every court shall, with the consent of the defendant and
where the court finds that the rights of the defendant would be
prejudiced by the appointment of the public defender, appoint
counsel other than the public defender, except as otherwise
provided in Section 113-3 of the "Code of Criminal Procedure
of 1963". That counsel shall be compensated as is provided by
law. He shall also, in the case of the conviction of any such
person, prosecute any proceeding in review which in his
judgment the interests of justice require.
    In counties with a population over 3,000,000, the public
defender, without fee or appointment and with the concurrence
of the county board, may act as attorney to noncitizens in
immigration cases. Representation by the public defender in
immigration cases shall be limited to those arising in
immigration courts located within the geographical boundaries
of the county where the public defender has been appointed to
office unless the board authorizes the public defender to
provide representation outside the county.
(Source: P.A. 99-882, eff. 1-1-17.)

Effective Date: 1/1/2022