SB2535sam001 93RD GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 2/25/2004

09300SB2535sam001 LRB093 18599 RLC 48002 a

AMENDMENT TO SENATE BILL 2535

AMENDMENT NO. ______. Amend Senate Bill 2535 on page 1, by inserting between lines 27 and 28 the following:

"In a homicide case occurring in a county with a full-time public defender office, the public defender, without fee or appointment, shall be authorized to represent and have personal access to a suspect during a custodial interrogation when: (1) the suspect invokes his or her right to counsel and completes a statement of indigence as required for appointment of a public defender; and (2) the law enforcement officers interrogating the suspect have a reasonable belief that the suspect is indigent, based upon the statement of indigence, with any doubt as to indigency being resolved in favor of allowing access to the public defender; and (3) the facts of the case as known to the law enforcement officers at the time of the interrogation indicate that one or more of the aggravating factors set forth in Section 9-1 of the Criminal Code of 1961 are present. Doubt as to the presence of one or more aggravating factors shall be resolved in favor of allowing access to the public defender. In counties that do not have a full-time public defender, a good faith effort shall be made to ensure that the suspect has the opportunity to consult with an attorney under contract to provide public defender services in as timely a manner as is practicable following invocation of his or her right to counsel, provided that the conditions set forth in clauses(2) and (3) are also met. Representation by the public defender shall be terminated at the first court appearance if the court determines that the suspect is not indigent.".