State of Illinois
90th General Assembly

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[ Senate Amendment 001 ][ Senate Amendment 002 ]


      55 ILCS 5/3-4006          from Ch. 34, par. 3-4006
          Amends  the  Counties  Code.   Provides  that  a   public
      defender  shall  not be involved in any manner in the posting
      of security for bail or in any  of  the  conditions  of  bail
      bond.  Effective immediately.
 1        AN  ACT  to  amend  the Counties Code by changing Section
 2    3-4006.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Counties  Code  is amended by changing
 6    Section 3-4006 as follows:
 7        (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
 8        Sec. 3-4006.   Duties  of  public  defender.  The  Public
 9    Defender,  as  directed  by the court, shall act as attorney,
10    without fee, before any  court  within  any  county  for  all
11    persons  who  are held in custody or who are charged with the
12    commission of any criminal offense, and who the  court  finds
13    are  unable to employ counsel. The public defender shall not,
14    either personally or in the capacity of public  defender,  be
15    involved  in  any  manner in the posting of security for bail
16    under Sections 110-7  and  110-8  of  the  Code  of  Criminal
17    Procedure  of  1963, or in any of the conditions of bail bond
18    under Section 110-10 of the Code  of  Criminal  Procedure  of
19    1963.
20        The  Public  Defender shall be the attorney, without fee,
21    when so appointed by the court  under  Section  1-20  of  the
22    Juvenile  Court  Act or Section 1-5 of the Juvenile Court Act
23    of 1987 or by any court under Section 5(b)  of  the  Parental
24    Notice  of  Abortion  Act of 1983 for any party who the court
25    finds is financially unable to employ counsel.
26        Every court shall, with the consent of the defendant  and
27    where  the court finds that the rights of the defendant would
28    be prejudiced by the  appointment  of  the  public  defender,
29    appoint  counsel  other  than  the public defender, except as
30    otherwise provided in Section 113-3 of the "Code of  Criminal
31    Procedure  of  1963". That counsel shall be compensated as is
                            -2-                LRB9003404DNmb
 1    provided by law. He shall also, in the case of the conviction
 2    of any such person, prosecute any proceeding in review  which
 3    in his judgment the interests of justice require.
 4    (Source: P.A. 86-962.)
 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

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