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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Counties Code is amended by changing | ||||||
| 5 | Section 3-4006 as follows:
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| 6 | (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
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| 7 | Sec. 3-4006. Duties of public defender. The Public | ||||||
| 8 | Defender, as
directed by the court, shall act as attorney, | ||||||
| 9 | without fee, before any court
within any county for all | ||||||
| 10 | persons who are held in custody or who are
charged with the | ||||||
| 11 | commission of any criminal offense, and who the court
finds | ||||||
| 12 | are unable to employ counsel.
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| 13 | The Public Defender shall be the attorney, without fee, | ||||||
| 14 | when so appointed
by the court under Section 1-20 of the | ||||||
| 15 | Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of | ||||||
| 16 | 1987 or by any court under Section 5(b) of the
Parental Notice | ||||||
| 17 | of Abortion Act of 1983 for any party who the court finds
is | ||||||
| 18 | financially unable to employ counsel.
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| 19 | In cases subject to Section 5-170 of the Juvenile Court | ||||||
| 20 | Act of 1987 involving a minor who was under 15 years of age at | ||||||
| 21 | the time of the commission of the offense, that occurs in a | ||||||
| 22 | county with a full-time public defender office, a public | ||||||
| 23 | defender, without fee or appointment, may represent and have | ||||||
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| 1 | access to a minor during a custodial interrogation. In cases | ||||||
| 2 | subject to Section 5-170 of the Juvenile Court Act of 1987 | ||||||
| 3 | involving a minor who was under 15 years of age at the time of | ||||||
| 4 | the commission of the offense, that occurs in a county without | ||||||
| 5 | a full-time public defender, the law enforcement agency | ||||||
| 6 | conducting the custodial interrogation shall ensure that the | ||||||
| 7 | minor is able to consult with an attorney who is under contract | ||||||
| 8 | with the county to provide public defender services. | ||||||
| 9 | Representation by the public defender shall terminate at the | ||||||
| 10 | first court appearance if the court determines that the minor | ||||||
| 11 | is not indigent. | ||||||
| 12 | Every court shall, with the consent of the defendant and | ||||||
| 13 | where the court
finds that the rights of the defendant would be | ||||||
| 14 | prejudiced by the
appointment of the public defender, appoint | ||||||
| 15 | counsel other than the public
defender, except as otherwise | ||||||
| 16 | provided in Section 113-3 of the
"Code of Criminal Procedure | ||||||
| 17 | of 1963". That counsel shall be compensated
as is provided by | ||||||
| 18 | law. He shall also, in the case of the conviction of
any such | ||||||
| 19 | person, prosecute any proceeding in review which in his
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| 20 | judgment the interests of justice require.
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| 21 | In counties with a population over 3,000,000, the public | ||||||
| 22 | defender, without fee or appointment and with the concurrence | ||||||
| 23 | of the county board, may act as attorney to noncitizens in | ||||||
| 24 | immigration cases. Representation by the public defender in | ||||||
| 25 | immigration cases shall be limited to those arising in | ||||||
| 26 | immigration courts located within the geographical boundaries | ||||||
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| 1 | of the county where the public defender has been appointed to | ||||||
| 2 | office unless the board authorizes the public defender to | ||||||
| 3 | provide representation outside the county. | ||||||
| 4 | (Source: P.A. 99-882, eff. 1-1-17.)
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