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Rep. Jennifer Gong-Gershowitz
Filed: 3/9/2021
| | 10200HB2790ham001 | | LRB102 14594 AWJ 22450 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2790
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2790 by replacing |
| 3 | | everything after the enacting clause with the following:
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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 |
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| 1 | | of Abortion Act of 1983 for any party who the court finds
is |
| 2 | | financially unable to employ counsel.
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| 3 | | In cases subject to Section 5-170 of the Juvenile Court |
| 4 | | Act of 1987 involving a minor who was under 15 years of age at |
| 5 | | the time of the commission of the offense, that occurs in a |
| 6 | | county with a full-time public defender office, a public |
| 7 | | defender, without fee or appointment, may represent and have |
| 8 | | access to a minor during a custodial interrogation. In cases |
| 9 | | subject to Section 5-170 of the Juvenile Court Act of 1987 |
| 10 | | involving a minor who was under 15 years of age at the time of |
| 11 | | the commission of the offense, that occurs in a county without |
| 12 | | a full-time public defender, the law enforcement agency |
| 13 | | conducting the custodial interrogation shall ensure that the |
| 14 | | minor is able to consult with an attorney who is under contract |
| 15 | | with the county to provide public defender services. |
| 16 | | Representation by the public defender shall terminate at the |
| 17 | | first court appearance if the court determines that the minor |
| 18 | | is not indigent. |
| 19 | | Every court shall, with the consent of the defendant and |
| 20 | | where the court
finds that the rights of the defendant would be |
| 21 | | prejudiced by the
appointment of the public defender, appoint |
| 22 | | counsel other than the public
defender, except as otherwise |
| 23 | | provided in Section 113-3 of the
"Code of Criminal Procedure |
| 24 | | of 1963". That counsel shall be compensated
as is provided by |
| 25 | | law. He shall also, in the case of the conviction of
any such |
| 26 | | person, prosecute any proceeding in review which in his
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| 1 | | judgment the interests of justice require.
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| 2 | | In counties with a population over 3,000,000, the public |
| 3 | | defender, without fee or appointment and with the concurrence |
| 4 | | of the county board, may act as attorney to noncitizens in |
| 5 | | immigration cases. Representation by the public defender in |
| 6 | | immigration cases shall be limited to those arising in |
| 7 | | immigration courts located within the geographical boundaries |
| 8 | | of the county where the public defender has been appointed to |
| 9 | | office unless the board authorizes the public defender to |
| 10 | | provide representation outside the county. |
| 11 | | (Source: P.A. 99-882, eff. 1-1-17.)".
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