State of Illinois
91st General Assembly
Legislation

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91_SB0121eng

 
SB121 Engrossed                                LRB9100083RCks

 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
 
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 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.
15        (c)  Upon  the  filing  with  the  court  of  a  verified
16    statement of services rendered  the  court  shall  order  the
17    county  treasurer of the county of trial to pay counsel other
18    than the Public Defender a reasonable fee.  The  court  shall
19    consider   all  relevant  circumstances,  including  but  not
20    limited to the time spent while court is  in  session,  other
21    time  spent  in  representing  the  defendant,  and  expenses
22    reasonably   incurred   by   counsel.   In  counties  with  a
23    population greater than 2,000,000, the court shall order  the
24    county  treasurer of the county of trial to pay counsel other
25    than the Public Defender a reasonable fee stated in the order
26    and based upon a rate of compensation of not  more  than  $40
27    for  each  hour  spent while court is in session and not more
28    than  $30  for  each  hour  otherwise  spent  representing  a
29    defendant, and such compensation shall not  exceed  $150  for
30    each  defendant represented in misdemeanor cases and $1250 in
31    felony cases, in addition to expenses reasonably incurred  as
32    hereinafter   in  this  Section  provided,  except  that,  in
33    extraordinary circumstances, payment in excess of the  limits
34    herein  stated  may be made if the trial court certifies that
 
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 1    such payment is necessary to provide  fair  compensation  for
 2    protracted  representation.   A trial court may entertain the
 3    filing of this verified statement before the  termination  of
 4    the  cause,  and  may  order  the provisional payment of sums
 5    during the pendency of the cause.
 6        (d)  In capital cases, in addition  to  counsel,  if  the
 7    court  determines  that  the  defendant is indigent the court
 8    may, upon the filing with the court of a  verified  statement
 9    of  services  rendered,  order  the  county  treasurer of the
10    county  of  trial  to  pay  necessary  expert  witnesses  for
11    defendant reasonable compensation stated in the order not  to
12    exceed $250 for each defendant.
13        (e)  If  the  court  in  any  county  having a population
14    greater than  1,000,000  determines  that  the  defendant  is
15    indigent  the  court may, upon the filing with the court of a
16    verified  statement  of  such  expenses,  order  the   county
17    treasurer  of  the county of trial, in such counties having a
18    population greater than 1,000,000 to pay the general expenses
19    of the trial incurred by the defendant not to exceed $50  for
20    each defendant.
21    (Source: P.A. 85-1344.)

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