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91_SB1910
LRB9112985RCpr
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 121-13.
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 121-13 as follows:
7 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
8 Sec. 121-13. Pauper Appeals.
9 (a) In any case wherein the defendant was convicted of a
10 felony, if the court determines that the defendant desires
11 counsel on appeal but is indigent the Public Defender or the
12 State Appellate Defender shall be appointed as counsel,
13 unless with the consent of the defendant and for good cause
14 shown, the court may appoint counsel other than the Public
15 Defender or the State Appellate Defender.
16 (b) In any case wherein the defendant was convicted of a
17 felony and a sentence of death was not imposed in the trial
18 court the reviewing court, upon petition of the defendant's
19 counsel made not more frequently than every 60 days after
20 appointment, shall determine a reasonable amount to be
21 allowed an indigent defendant's counsel other than the Public
22 Defender or the State Appellate Defender for compensation and
23 reimbursement of expenditures necessarily incurred in the
24 prosecution of the appeal or review proceedings. The
25 compensation shall not exceed $1500 in each case, except
26 that, in extraordinary circumstances, payment in excess of
27 the limits herein stated may be made if the reviewing court
28 certifies that the payment is necessary to provide fair
29 compensation for protracted representation. The reviewing
30 court shall enter an order directing the county treasurer of
31 the county where the case was tried to pay the amount allowed
-2- LRB9112985RCpr
1 by the court. The reviewing court may order the provisional
2 payment of sums during the pendency of the cause.
3 (c) In any case in which a sentence of death was imposed
4 in the trial court, the Supreme Court, upon written petition
5 of the defendant's counsel made not more than every 60 days
6 after appointment, shall determine reasonable compensation
7 for an indigent defendant's attorneys on appeal. The
8 compensation shall be a reasonable fee based upon the
9 compensation of attorneys who represent defendants in capital
10 cases on appeal in the county with jurisdiction over the
11 case. not exceed $2,000 in each case, except that, in
12 extraordinary circumstances, payment in excess of the limits
13 herein stated may be made if the reviewing court certifies
14 that the payment is necessary to provide fair compensation
15 for protracted representation. The Supreme Court shall enter
16 an order directing the State county treasurer, or the Cook
17 County Treasurer if the case was tried in Cook County, of the
18 county where the case was tried to pay compensation and
19 reimburse expenditures necessarily incurred in the
20 prosecution of the appeal or review proceedings from the
21 Capital Litigation Trust Fund or from the grant moneys to the
22 Cook County Treasurer, as the case may be. The Supreme Court
23 may order the provisional payment of sums during the pendency
24 of the cause.
25 (Source: P.A. 86-318; 87-580.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.