|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2535
Introduced 2/3/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED:
|
|
55 ILCS 5/3-4006 |
from Ch. 34, par. 3-4006 |
|
Amends the Counties Code. Makes technical changes in a Section concerning
the duties of the Public Defender.
|
|
|
|
|
|
|
|
A BILL FOR
|
|
|
|
|
SB2535 |
|
LRB093 18599 RLC 44323 b |
|
|
| 1 |
| AN ACT concerning counties.
|
| 2 |
| Be it enacted by the People of the State of Illinois, |
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Counties Code is amended by changing Section |
| 5 |
| 3-4006 as
follows:
|
| 6 |
| (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
|
| 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 persons |
| 10 |
| who are held in custody or who are
charged with the commission |
| 11 |
| of any criminal offense, and who the court
finds are unable to |
| 12 |
| employ counsel.
|
| 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.
|
| 19 |
| Every court must
shall, with the consent of the defendant |
| 20 |
| and where
the court
finds that the rights of the defendant |
| 21 |
| would be prejudiced by the
appointment of the public defender, |
| 22 |
| appoint counsel other than the public
defender, except as |
| 23 |
| otherwise provided in Section 113-3 of the
"Code of Criminal |
| 24 |
| Procedure of 1963". That counsel must
shall be
compensated
as |
| 25 |
| is provided by law. He must
shall also, in the case of the
|
| 26 |
| conviction of
any such person, prosecute any proceeding in |
| 27 |
| review which in his
judgment the interests of justice require.
|
| 28 |
| (Source: P.A. 86-962.)
|