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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 -2- LRB9100083RCksam 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 -3- LRB9100083RCksam 1 reasonably incurred by counsel.
In counties with a2 population greater than 2,000,000, the court shall order the3 county treasurer of the county of trial to pay counsel other4 than the Public Defender a reasonable fee stated in the order5 and based upon a rate of compensation of not more than $406 for each hour spent while court is in session and not more7 than $30 for each hour otherwise spent representing a8 defendant, and such compensation shall not exceed $150 for9 each defendant represented in misdemeanor cases and $1250 in10 felony cases, in addition to expenses reasonably incurred as11 hereinafter in this Section provided, except that, in12 extraordinary circumstances, payment in excess of the limits13 herein stated may be made if the trial court certifies that14 such payment is necessary to provide fair compensation for15 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 for33 each defendant. 34 (Source: P.A. 85-1344.)".
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