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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4608
Introduced 02/04/04, by Annazette Collins SYNOPSIS AS INTRODUCED:
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55 ILCS 5/3-4006 |
from Ch. 34, par. 3-4006 |
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Amends the Counties Code. Authorizes the Public Defender to represent,
without
fee and appointment by the court, a person in custody during his or her
interrogation regarding first-degree murder for which the death penalty may be
imposed; provided that person has requested the advice of counsel and there is
a reasonable belief that the person is indigent. In any other case, provides
that the court shall appoint the Public Defender to represent any arrested
individual when he or she is brought before the court, the court advises the
arrestee of his or her right to counsel, and the court determines that the
arrestee is indigent.
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A BILL FOR
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HB4608 |
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LRB093 19504 MKM 45244 b |
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| AN ACT concerning counties.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section |
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| 3-4006 as
follows:
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| (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
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| Sec. 3-4006. Duties of public defender. The Public |
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| Defender, as
directed by the court, shall act as attorney, |
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| without fee, before any court
within any county for all persons |
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| who are held in custody or who are
charged with the commission |
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| of any criminal offense, and who the court
finds are unable to |
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| employ counsel.
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| The Public Defender shall be the attorney, without fee, |
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| when so appointed
by the court under Section 1-20 of the |
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| Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of |
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| 1987 or by any court under Section 5(b) of the
Parental Notice |
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| of Abortion Act of 1983 for any party who the court finds
is |
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| financially unable to employ counsel.
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| The Public Defender may act as attorney, without fee and |
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| appointment by the
court, for a person in custody during the |
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| person's interrogation regarding
first degree murder for which |
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| the death penalty may be imposed, if the person
has requested |
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| the advice of counsel and there is a reasonable belief that the
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| person is indigent. Any further representation of the person by |
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| the Public
Defender shall be pursuant to Section 109-1 of the |
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| Code of Criminal Procedure
of 1963.
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| Every court shall, with the consent of the defendant and |
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| where the court
finds that the rights of the defendant would be |
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| prejudiced by the
appointment of the public defender, appoint |
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| counsel other than the public
defender, except as otherwise |
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| provided in Section 113-3 of the
"Code of Criminal Procedure of |
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| 1963". That counsel shall be compensated
as is provided by law. |