State of Illinois
92nd General Assembly

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 1        AN ACT concerning appointment of counsel in capital cases
 2    with multiple defendants.

 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-                LRB9215695RCcd
 1    defendants.  In capital cases with multiple  defendants,  the
 2    Public  Defender  may  be  appointed  to  represent  only one
 3    defendant; each defendant must have his or her  own  counsel,
 4    either  retained  by the defendant or appointed by the court.
 5    The court shall require an affidavit signed by any  defendant
 6    who  requests  court-appointed counsel.  Such affidavit shall
 7    be in the form established by the  Supreme  Court  containing
 8    sufficient   information   to   ascertain   the   assets  and
 9    liabilities of that defendant.   The  Court  may  direct  the
10    Clerk  of  the  Circuit  Court to assist the defendant in the
11    completion of the affidavit.  Any person who knowingly  files
12    such  affidavit  containing  false information concerning his
13    assets and  liabilities shall be liable to the  county  where
14    the  case, in which such false affidavit is filed, is pending
15    for the reasonable value of  the  services  rendered  by  the
16    public  defender or other court-appointed counsel in the case
17    to the extent that such services  were  unjustly  or  falsely
18    procured.
19        (c)  Upon  the  filing  with  the  court  of  a  verified
20    statement  of  services  rendered  the  court shall order the
21    county treasurer of the county of trial to pay counsel  other
22    than  the  Public  Defender a reasonable fee. The court shall
23    consider  all  relevant  circumstances,  including  but   not
24    limited  to  the  time spent while court is in session, other
25    time  spent  in  representing  the  defendant,  and  expenses
26    reasonably  incurred  by  counsel.   In   counties   with   a
27    population  greater than 2,000,000, the court shall order the
28    county treasurer of the county of trial to pay counsel  other
29    than the Public Defender a reasonable fee stated in the order
30    and  based  upon  a rate of compensation of not more than $40
31    for each hour spent while court is in session  and  not  more
32    than  $30  for  each  hour  otherwise  spent  representing  a
33    defendant,  and  such compensation shall not  exceed $150 for
34    each defendant represented in misdemeanor cases and $1250  in
                            -3-                LRB9215695RCcd
 1    felony  cases, in addition to expenses reasonably incurred as
 2    hereinafter  in  this  Section  provided,  except  that,   in
 3    extraordinary  circumstances, payment in excess of the limits
 4    herein stated may be made if the trial court  certifies  that
 5    such  payment  is  necessary to provide fair compensation for
 6    protracted representation.  A trial court may  entertain  the
 7    filing  of  this verified statement before the termination of
 8    the cause, and may order  the  provisional  payment  of  sums
 9    during the pendency of the cause.
10        (d)  In  capital  cases,  in  addition to counsel, if the
11    court determines that the defendant  is  indigent  the  court
12    may,  upon  the filing with the court of a verified statement
13    of services rendered,  order  the  county  Treasurer  of  the
14    county  of  trial  to  pay  necessary  expert  witnesses  for
15    defendant  reasonable compensation stated in the order not to
16    exceed $250 for each defendant.
17        (e)  If the court  in  any  county  having  a  population
18    greater  than  2,000,000  determines  that  the  defendant is
19    indigent the court may, upon the filing with the court  of  a
20    verified   statement  of  such  expenses,  order  the  county
21    treasurer of the county of trial, in such counties  having  a
22    population greater than 2,000,000 to pay the general expenses
23    of  the trial incurred by the defendant not to exceed $50 for
24    each defendant.
25        (f)  The  provisions  of   this   Section   relating   to
26    appointment  of counsel, compensation of counsel, and payment
27    of  expenses  in  capital  cases  apply   except   when   the
28    compensation  and  expenses  are  being  provided  under  the
29    Capital Crimes Litigation Act.
30    (Source: P.A. 91-589, eff. 1-1-00.)

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