HB1417 EngrossedLRB099 05186 MRW 25216 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 113-3.1 as follows:
 
6    (725 ILCS 5/113-3.1)  (from Ch. 38, par. 113-3.1)
7    Sec. 113-3.1. Payment for Court-Appointed Counsel.
8    (a) Whenever under either Section 113-3 of this Code or
9Rule 607 of the Illinois Supreme Court the court appoints
10counsel to represent a defendant, the court may order the
11defendant to pay to the Clerk of the Circuit Court a reasonable
12sum to reimburse either the county or the State for such
13representation. In a hearing to determine the amount of the
14payment, the court shall consider the affidavit prepared by the
15defendant under Section 113-3 of this Code and any other
16information pertaining to the defendant's financial
17circumstances which may be submitted by the parties. Such
18hearing shall be conducted on the court's own motion or on
19motion of the State's Attorney or on motion of court-appointed
20counsel at any time after the appointment of counsel but no
21later than 90 days after the entry of a final order disposing
22of the case at the trial level.
23    (b) Any sum ordered paid under this Section may not exceed

 

 

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1$500 for a defendant charged with a misdemeanor, $5,000 for a
2defendant charged with a felony, or $2,500 for a defendant who
3is appealing a conviction of any class offense.
4    (c) The method of any payment required under this Section
5shall be as specified by the Court. The court may order that
6payments be made on a monthly basis during the term of
7representation; however, the sum deposited as money bond shall
8not be used to satisfy this court order. Any sum deposited as
9money bond with the Clerk of the Circuit Court under Section
10110-7 of this Code may be used in the court's discretion in
11whole or in part to comply with any payment order entered in
12accordance with paragraph (a) of this Section. The court may
13give special consideration to the interests of relatives or
14other third parties who may have posted a money bond on the
15behalf of the defendant to secure his release. At any time
16prior to full payment of any payment order the court on its own
17motion or the motion of any party may reduce, increase, or
18suspend the ordered payment, or modify the method of payment,
19as the interest of fairness may require. No increase,
20suspension, or reduction may be ordered without a hearing and
21notice to all parties.
22    (d) The Supreme Court or the circuit courts may provide by
23rule for procedures for the enforcement of orders entered under
24this Section. Such rules may provide for the assessment of all
25costs, including attorneys' fees which are required for the
26enforcement of orders entered under this Section when the court

 

 

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1in an enforcement proceeding has first found that the defendant
2has willfully refused to pay. The Clerk of the Circuit Court
3shall keep records and make reports to the court concerning
4funds paid under this Section in whatever manner the court
5directs.
6    (e) Whenever an order is entered under this Section for the
7reimbursement of the State due to the appointment of the State
8Appellate Defender as counsel on appeal, the order shall
9provide that the Clerk of the Circuit Court shall retain all
10funds paid pursuant to such order until the full amount of the
11sum ordered to be paid by the defendant has been paid. When no
12balance remains due on such order, the Clerk of the Circuit
13Court shall inform the court of this fact and the court shall
14promptly order the Clerk of the Circuit Court to pay to the
15State Treasurer all of the sum paid.
16    (f) The Clerk of the Circuit Court shall retain all funds
17under this Section paid for the reimbursement of the county,
18and shall inform the court when no balance remains due on an
19order entered hereunder. The Clerk of the Circuit Court shall
20make payments of funds collected under this Section to the
21County Treasurer in whatever manner and at whatever point as
22the court may direct, including payments made on a monthly
23basis during the term of representation.
24    (g) A defendant who fails to obey any order of court
25entered under this Section may be punished for contempt of
26court. Any arrearage in payments may be reduced to judgment in

 

 

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1the court's discretion and collected by any means authorized
2for the collection of money judgments under the law of this
3State.
4(Source: P.A. 88-394.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.