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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2535
Introduced 2/3/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED:
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55 ILCS 5/3-4006 |
from Ch. 34, par. 3-4006 |
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Amends the Counties Code. Makes technical changes in a Section concerning
the duties of the Public Defender.
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A BILL FOR
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SB2535 |
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LRB093 18599 RLC 44323 b |
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| AN ACT concerning counties.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section |
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| 3-4006 as
follows:
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| (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
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| Sec. 3-4006. Duties of public defender. The Public |
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| Defender, as
directed by the court, shall act as attorney, |
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| without fee, before any court
within any county for all persons |
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| who are held in custody or who are
charged with the commission |
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| of any criminal offense, and who the court
finds are unable to |
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| employ counsel.
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| The Public Defender shall be the attorney, without fee, |
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| when so appointed
by the court under Section 1-20 of the |
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| Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of |
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| 1987 or by any court under Section 5(b) of the
Parental Notice |
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| of Abortion Act of 1983 for any party who the court finds
is |
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| financially unable to employ counsel.
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| Every court must
shall, with the consent of the defendant |
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| and where
the court
finds that the rights of the defendant |
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| would be prejudiced by the
appointment of the public defender, |
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| appoint counsel other than the public
defender, except as |
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| otherwise provided in Section 113-3 of the
"Code of Criminal |
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| Procedure of 1963". That counsel must
shall be
compensated
as |
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| is provided by law. He must
shall also, in the case of the
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| conviction of
any such person, prosecute any proceeding in |
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| review which in his
judgment the interests of justice require.
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| (Source: P.A. 86-962.)
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