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91_SB1901
LRB9113261STsb
1 AN ACT to amend the Code of Criminal Procedure of 1963
2 concerning appointment of counsel in capital cases with
3 multiple defendants.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Code of Criminal Procedure of 1963 is
7 amended by changing Section 113-3 as follows:
8 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
9 Sec. 113-3. (a) Every person charged with an offense
10 shall be allowed counsel before pleading to the charge. If
11 the defendant desires counsel and has been unable to obtain
12 same before arraignment the court shall recess court or
13 continue the cause for a reasonable time to permit defendant
14 to obtain counsel and consult with him before pleading to the
15 charge. If the accused is a dissolved corporation, and is not
16 represented by counsel, the court may, in the interest of
17 justice, appoint as counsel a licensed attorney of this
18 State.
19 (b) In all cases, except where the penalty is a fine
20 only, if the court determines that the defendant is indigent
21 and desires counsel, the Public Defender shall be appointed
22 as counsel. If there is no Public Defender in the county or
23 if the defendant requests counsel other than the Public
24 Defender and the court finds that the rights of the defendant
25 will be prejudiced by the appointment of the Public Defender,
26 the court shall appoint as counsel a licensed attorney at law
27 of this State, except that in a county having a population of
28 2,000,000 or more the Public Defender shall be appointed as
29 counsel in all misdemeanor cases where the defendant is
30 indigent and desires counsel unless the case involves
31 multiple defendants, in which case the court may appoint
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1 counsel other than the Public Defender for the additional
2 defendants. In capital cases with multiple defendants, the
3 Public Defender may be appointed to represent only one
4 defendant; each defendant must have his or her own counsel,
5 either retained by the defendant or appointed by the court.
6 The court shall require an affidavit signed by any defendant
7 who requests court-appointed counsel. Such affidavit shall
8 be in the form established by the Supreme Court containing
9 sufficient information to ascertain the assets and
10 liabilities of that defendant. The Court may direct the
11 Clerk of the Circuit Court to assist the defendant in the
12 completion of the affidavit. Any person who knowingly files
13 such affidavit containing false information concerning his
14 assets and liabilities shall be liable to the county where
15 the case, in which such false affidavit is filed, is pending
16 for the reasonable value of the services rendered by the
17 public defender or other court-appointed counsel in the case
18 to the extent that such services were unjustly or falsely
19 procured.
20 (c) Upon the filing with the court of a verified
21 statement of services rendered the court shall order the
22 county treasurer of the county of trial to pay counsel other
23 than the Public Defender a reasonable fee. The court shall
24 consider all relevant circumstances, including but not
25 limited to the time spent while court is in session, other
26 time spent in representing the defendant, and expenses
27 reasonably incurred by counsel. In counties with a
28 population greater than 2,000,000, the court shall order the
29 county treasurer of the county of trial to pay counsel other
30 than the Public Defender a reasonable fee stated in the order
31 and based upon a rate of compensation of not more than $40
32 for each hour spent while court is in session and not more
33 than $30 for each hour otherwise spent representing a
34 defendant, and such compensation shall not exceed $150 for
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1 each defendant represented in misdemeanor cases and $1250 in
2 felony cases, in addition to expenses reasonably incurred as
3 hereinafter in this Section provided, except that, in
4 extraordinary circumstances, payment in excess of the limits
5 herein stated may be made if the trial court certifies that
6 such payment is necessary to provide fair compensation for
7 protracted representation. A trial court may entertain the
8 filing of this verified statement before the termination of
9 the cause, and may order the provisional payment of sums
10 during the pendency of the cause.
11 (d) In capital cases, in addition to counsel, if the
12 court determines that the defendant is indigent the court
13 may, upon the filing with the court of a verified statement
14 of services rendered, order the county Treasurer of the
15 county of trial to pay necessary expert witnesses for
16 defendant reasonable compensation stated in the order not to
17 exceed $250 for each defendant.
18 (e) If the court in any county having a population
19 greater than 2,000,000 determines that the defendant is
20 indigent the court may, upon the filing with the court of a
21 verified statement of such expenses, order the county
22 treasurer of the county of trial, in such counties having a
23 population greater than 2,000,000 to pay the general expenses
24 of the trial incurred by the defendant not to exceed $50 for
25 each defendant.
26 (f) The provisions of this Section relating to
27 appointment of counsel, compensation of counsel, and payment
28 of expenses in capital cases apply except when the
29 compensation and expenses are being provided under the
30 Capital Crimes Litigation Act.
31 (Source: P.A. 91-589, eff. 1-1-00.)