100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1896
 
Introduced , by Rep. Jim Durkin
 
SYNOPSIS AS INTRODUCED:
 
  
55 ILCS 5/3-4006  from Ch. 34, par. 3-4006

    Amends the Counties Code. Makes a technical change in a Section concerning
the duties of the Public Defender.



LRB100 04428 AWJ 14434 b

 
 
A BILL FOR
 


HB1896LRB100 04428 AWJ 14434 b



1    AN ACT concerning local government.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Counties Code is amended by changing Section 
53-4006 as follows:
 


6    (55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)




7    Sec. 3-4006. Duties of public defender. The The Public 
8Defender, as
directed by the court, shall act as attorney, 
9without fee, before any court
within any county for all persons 
10who are held in custody or who are
charged with the commission 
11of any criminal offense, and who the court
finds are unable to 
12employ counsel.

13    The Public Defender shall be the attorney, without fee, 
14when so appointed
by the court under Section 1-20 of the 
15Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of 
161987 or by any court under Section 5(b) of the
Parental Notice 
17of Abortion Act of 1983 for any party who the court finds
is 
18financially unable to employ counsel.

19    In cases subject to Section 5-170 of the Juvenile Court Act 
20of 1987 involving a minor who was under 15 years of age at the 
21time of the commission of the offense, that occurs in a county 
22with a full-time public defender office, a public defender, 
23without fee or appointment, may represent and have access to a 
 
 
HB1896- 2 -LRB100 04428 AWJ 14434 b

1minor during a custodial interrogation. In cases subject to 
2Section 5-170 of the Juvenile Court Act of 1987 involving a 
3minor who was under 15 years of age at the time of the 
4commission of the offense, that occurs in a county without a 
5full-time public defender, the law enforcement agency 
6conducting the custodial interrogation shall ensure that the 
7minor is able to consult with an attorney who is under contract 
8with the county to provide public defender services. 
9Representation by the public defender shall terminate at the 
10first court appearance if the court determines that the minor 
11is not indigent.
12    Every court shall, with the consent of the defendant and 
13where the court
finds that the rights of the defendant would be 
14prejudiced by the
appointment of the public defender, appoint 
15counsel other than the public
defender, except as otherwise 
16provided in Section 113-3 of the
"Code of Criminal Procedure of 
171963". That counsel shall be compensated
as is provided by law. 
18He shall also, in the case of the conviction of
any such 
19person, prosecute any proceeding in review which in his

20judgment the interests of justice require.

21(Source: P.A. 99-882, eff. 1-1-17.)