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92_SB2093 LRB9215704LDtm 1 AN ACT concerning criminal procedure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 121-13 as follows: 6 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13) 7 Sec. 121-13. Pauper Appeals. 8 (a) In any case wherein the defendant was convicted of a 9 felony, if the court determines that the defendant desires 10 counsel on appeal but is indigent the Public Defender or the 11 State Appellate Defender shall be appointed as counsel, 12 unless with the consent of the defendant and for good cause 13 shown, the court may appoint counsel other than the Public 14 Defender or the State Appellate Defender. 15 (b) In any case wherein the defendant was convicted of a 16 felony and a sentence of death was not imposed in the trial 17 court the reviewing court, upon petition of the defendant's 18 counsel made not more frequently than every 60 days after 19 appointment, shall determine a reasonable amount to be 20 allowed an indigent defendant's counsel other than the Public 21 Defender or the State Appellate Defender for compensation and 22 reimbursement of expenditures necessarily incurred in the 23 prosecution of the appeal or review proceedings. The 24 compensation shall not exceed $1500 in each case, except 25 that, in extraordinary circumstances, payment in excess of 26 the limits herein stated may be made if the reviewing court 27 certifies that the payment is necessary to provide fair 28 compensation for protracted representation. The reviewing 29 court shall enter an order directing the county treasurer of 30 the county where the case was tried to pay the amount allowed 31 by the court. The reviewing court may order the provisional -2- LRB9215704LDtm 1 payment of sums during the pendency of the cause. 2 (c) In any case in which a sentence of death was imposed 3 in the trial court, the Supreme Court, upon written petition 4 of the defendant's counsel made not more than every 60 days 5 after appointment, shall determine reasonable compensation 6 for an indigent defendant's attorneys on appeal. The 7 compensation shall be a reasonable fee based upon the 8 compensation of attorneys who represent defendants in capital 9 cases on appeal in the county with jurisdiction over the 10 case.
not exceed $2,000 in each case, except that, in11 extraordinary circumstances, payment in excess of the limits12 herein stated may be made if the reviewing court certifies13 that the payment is necessary to provide fair compensation14 for protracted representation.The Supreme Court shall enter 15 an order directing the State countytreasurer, or the Cook 16 County Treasurer if the case was tried in Cook County, of the17 county where the case was triedto pay compensation and 18 reimburse expenditures necessarily incurred in the 19 prosecution of the appeal or review proceedings from the 20 Capital Litigation Trust Fund or from the grant moneys to the 21 Cook County Treasurer, as the case may be. The Supreme Court 22 may order the provisional payment of sums during the pendency 23 of the cause. 24 (Source: P.A. 86-318; 87-580.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.
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