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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_SB0121sam001
LRB9100083RCksam
1 AMENDMENT TO SENATE BILL 121
2 AMENDMENT NO. . Amend Senate Bill 121 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Criminal Procedure of 1963
5 by changing Section 113-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 113-3 as follows:
10 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
11 Sec. 113-3. (a) Every person charged with an offense
12 shall be allowed counsel before pleading to the charge. If
13 the defendant desires counsel and has been unable to obtain
14 same before arraignment the court shall recess court or
15 continue the cause for a reasonable time to permit defendant
16 to obtain counsel and consult with him before pleading to the
17 charge. If the accused is a dissolved corporation, and is not
18 represented by counsel, the court may, in the interest of
19 justice, appoint as counsel a licensed attorney of this
20 State.
21 (b) In all cases, except where the penalty is a fine
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1 only, if the court determines that the defendant is indigent
2 and desires counsel, the Public Defender shall be appointed
3 as counsel. If there is no Public Defender in the county or
4 if the defendant requests counsel other than the Public
5 Defender and the court finds that the rights of the defendant
6 will be prejudiced by the appointment of the Public Defender,
7 the court shall appoint as counsel a licensed attorney at law
8 of this State, except that in a county having a population of
9 1,000,000 or more the Public Defender shall be appointed as
10 counsel in all misdemeanor cases where the defendant is
11 indigent and desires counsel unless the case involves
12 multiple defendants, in which case the court may appoint
13 counsel other than the Public Defender for the additional
14 defendants. The court shall require an affidavit signed by
15 any defendant who requests court-appointed counsel. Such
16 affidavit shall be in the form established by the Supreme
17 Court containing sufficient information to ascertain the
18 assets and liabilities of that defendant. The Court may
19 direct the Clerk of the Circuit Court to assist the defendant
20 in the completion of the affidavit. Any person who knowingly
21 files such affidavit containing false information concerning
22 his assets and liabilities shall be liable to the county
23 where the case, in which such false affidavit is filed, is
24 pending for the reasonable value of the services rendered by
25 the public defender or other court-appointed counsel in the
26 case to the extent that such services were unjustly or
27 falsely procured.
28 (c) Upon the filing with the court of a verified
29 statement of services rendered the court shall order the
30 county treasurer of the county of trial to pay counsel other
31 than the Public Defender a reasonable fee. The court shall
32 consider all relevant circumstances, including but not
33 limited to the time spent while court is in session, other
34 time spent in representing the defendant, and expenses
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1 reasonably incurred by counsel. In counties with a
2 population greater than 2,000,000, the court shall order the
3 county treasurer of the county of trial to pay counsel other
4 than the Public Defender a reasonable fee stated in the order
5 and based upon a rate of compensation of not more than $40
6 for each hour spent while court is in session and not more
7 than $30 for each hour otherwise spent representing a
8 defendant, and such compensation shall not exceed $150 for
9 each defendant represented in misdemeanor cases and $1250 in
10 felony cases, in addition to expenses reasonably incurred as
11 hereinafter in this Section provided, except that, in
12 extraordinary circumstances, payment in excess of the limits
13 herein stated may be made if the trial court certifies that
14 such payment is necessary to provide fair compensation for
15 protracted representation. A trial court may entertain the
16 filing of this verified statement before the termination of
17 the cause, and may order the provisional payment of sums
18 during the pendency of the cause.
19 (d) In capital cases, in addition to counsel, if the
20 court determines that the defendant is indigent the court
21 may, upon the filing with the court of a verified statement
22 of services rendered, order the county treasurer of the
23 county of trial to pay necessary expert witnesses for
24 defendant reasonable compensation stated in the order not to
25 exceed $250 for each defendant.
26 (e) If the court in any county having a population
27 greater than 1,000,000 determines that the defendant is
28 indigent the court may, upon the filing with the court of a
29 verified statement of such expenses, order the county
30 treasurer of the county of trial, in such counties having a
31 population greater than 1,000,000 to pay the general expenses
32 of the trial incurred by the defendant not to exceed $50 for
33 each defendant.
34 (Source: P.A. 85-1344.)".