State of Illinois
2017 and 2018


Introduced , by Rep. Jim Durkin


55 ILCS 5/3-4006  from Ch. 34, par. 3-4006

    Amends the Counties Code. Makes a technical change in a Section concerning the duties of the Public Defender.

LRB100 04428 AWJ 14434 b





HB1896LRB100 04428 AWJ 14434 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing Section
53-4006 as follows:
6    (55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)
7    Sec. 3-4006. Duties of public defender. The The Public
8Defender, as directed by the court, shall act as attorney,
9without fee, before any court within any county for all persons
10who are held in custody or who are charged with the commission
11of any criminal offense, and who the court finds are unable to
12employ counsel.
13    The Public Defender shall be the attorney, without fee,
14when so appointed by the court under Section 1-20 of the
15Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
161987 or by any court under Section 5(b) of the Parental Notice
17of Abortion Act of 1983 for any party who the court finds is
18financially unable to employ counsel.
19    In cases subject to Section 5-170 of the Juvenile Court Act
20of 1987 involving a minor who was under 15 years of age at the
21time of the commission of the offense, that occurs in a county
22with a full-time public defender office, a public defender,
23without fee or appointment, may represent and have access to a



HB1896- 2 -LRB100 04428 AWJ 14434 b

1minor during a custodial interrogation. In cases subject to
2Section 5-170 of the Juvenile Court Act of 1987 involving a
3minor who was under 15 years of age at the time of the
4commission of the offense, that occurs in a county without a
5full-time public defender, the law enforcement agency
6conducting the custodial interrogation shall ensure that the
7minor is able to consult with an attorney who is under contract
8with the county to provide public defender services.
9Representation by the public defender shall terminate at the
10first court appearance if the court determines that the minor
11is not indigent.
12    Every court shall, with the consent of the defendant and
13where the court finds that the rights of the defendant would be
14prejudiced by the appointment of the public defender, appoint
15counsel other than the public defender, except as otherwise
16provided in Section 113-3 of the "Code of Criminal Procedure of
171963". That counsel shall be compensated as is provided by law.
18He shall also, in the case of the conviction of any such
19person, prosecute any proceeding in review which in his
20judgment the interests of justice require.
21(Source: P.A. 99-882, eff. 1-1-17.)