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91_SB1902 LRB9112992DHmbA 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 changing Section 113-3. 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 113-3 as follows: 7 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3) 8 Sec. 113-3. (a) Every person charged with an offense 9 shall be allowed counsel before pleading to the charge. If 10 the defendant desires counsel and has been unable to obtain 11 same before arraignment the court shall recess court or 12 continue the cause for a reasonable time to permit defendant 13 to obtain counsel and consult with him before pleading to the 14 charge. If the accused is a dissolved corporation, and is not 15 represented by counsel, the court may, in the interest of 16 justice, appoint as counsel a licensed attorney of this 17 State. 18 (b) In all cases, except where the penalty is a fine 19 only, if the court determines that the defendant is indigent 20 and desires counsel, the Public Defender shall be appointed 21 as counsel. If there is no Public Defender in the county or 22 if the defendant requests counsel other than the Public 23 Defender and the court finds that the rights of the defendant 24 will be prejudiced by the appointment of the Public Defender, 25 the court shall appoint as counsel a licensed attorney at law 26 of this State, except that in a county having a population of 27 2,000,000 or more the Public Defender shall be appointed as 28 counsel in all misdemeanor cases where the defendant is 29 indigent and desires counsel unless the case involves 30 multiple defendants, in which case the court may appoint 31 counsel other than the Public Defender for the additional -2- LRB9112992DHmbA 1 defendants. The court shall require an affidavit signed by 2 any defendant who requests court-appointed counsel. Such 3 affidavit shall be in the form established by the Supreme 4 Court containing sufficient information to ascertain the 5 assets and liabilities of that defendant. The Court may 6 direct the Clerk of the Circuit Court to assist the defendant 7 in the completion of the affidavit. Any person who knowingly 8 files such affidavit containing false information concerning 9 his assets and liabilities shall be liable to the county 10 where the case, in which such false affidavit is filed, is 11 pending for the reasonable value of the services rendered by 12 the public defender or other court-appointed counsel in the 13 case to the extent that such services were unjustly or 14 falsely procured. 15 (c) Upon the filing with the court of a verified 16 statement of services rendered the court shall order the 17 county treasurer of the county of trial to pay counsel other 18 than the Public Defender a reasonable fee. The court shall 19 consider all relevant circumstances, including but not 20 limited to the time spent while court is in session, other 21 time spent in representing the defendant, and expenses 22 reasonably incurred by counsel. In counties with a 23 population greater than 2,000,000, the court shall order the 24 county treasurer of the county of trial to pay counsel other 25 than the Public Defender a reasonable fee stated in the order 26 and based upon a rate of compensation of not more than $40 27 for each hour spent while court is in session and not more 28 than $30 for each hour otherwise spent representing a 29 defendant, and such compensation shall not exceed $150 for 30 each defendant represented in misdemeanor cases and $1250 in 31 felony cases, in addition to expenses reasonably incurred as 32 hereinafter in this Section provided, except that, in 33 extraordinary circumstances, payment in excess of the limits 34 herein stated may be made if the trial court certifies that -3- LRB9112992DHmbA 1 such payment is necessary to provide fair compensation for 2 protracted representation. A trial court may entertain the 3 filing of this verified statement before the termination of 4 the cause, and may order the provisional payment of sums 5 during the pendency of the cause. In capital cases, the court 6 is not bound by the limitations prescribed in this subsection 7 (c), but shall pay counsel fees that are reasonably necessary 8 for the proper conduct of the case. Fees in capital cases 9 must be in an amount equal to the average hourly rate for 10 counsel in capital cases in the county in which the case is 11 tried. 12 (d) In capital cases, in addition to counsel, if the 13 court determines that the defendant is indigent the court 14 may, upon the filing with the court of a verified statement 15 of services rendered, order the county Treasurer of the 16 county of trial to pay necessary expert witnesses for 17 defendant reasonable compensation, in an amount equal to the 18 average hourly rate for that type of expert witness in 19 capital cases in the county in which the case is tried, 20 stated in the order
not to exceed $250 for each defendant. 21 Upon payment of the ordered expenses, the county treasurer 22 may apply to the State Treasurer for reimbursement for the 23 ordered expenses from the Capital Litigation Trust Fund. 24 (e) If the court in any county having a population 25 greater than 2,000,000 determines that the defendant is 26 indigent the court may, upon the filing with the court of a 27 verified statement of such expenses, order the county 28 treasurer of the county of trial, in such counties having a 29 population greater than 2,000,000 to pay the general expenses 30 of the trial incurred by the defendant not to exceed $50 for 31 each defendant. 32 (f) The provisions of this Section relating to 33 appointment of counsel, compensation of counsel, and payment 34 of expenses in capital cases apply except when the -4- LRB9112992DHmbA 1 compensation and expenses are being provided under the 2 Capital Crimes Litigation Act. 3 (Source: P.A. 91-589, eff. 1-1-00.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.
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