State of Illinois
92nd General Assembly
Legislation

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92_SB1164

 
                                               LRB9207923REmg

 1        AN ACT concerning counsel in capital cases.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended by changing Section 121-13 as follows:

 6        (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
 7        Sec. 121-13. Pauper Appeals.
 8        (a)  In any case wherein the defendant was convicted of a
 9    felony, if the court determines that  the  defendant  desires
10    counsel  on appeal but is indigent the Public Defender or the
11    State Appellate Defender  shall  be   appointed  as  counsel,
12    unless  with  the consent of the defendant and for good cause
13    shown, the court may appoint counsel other  than  the  Public
14    Defender or the State Appellate Defender.
15        (b)  In any case wherein the defendant was convicted of a
16    felony  and  a sentence of death was not imposed in the trial
17    court the reviewing court, upon petition of  the  defendant's
18    counsel  made  not  more  frequently than every 60 days after
19    appointment,  shall  determine  a  reasonable  amount  to  be
20    allowed an indigent defendant's counsel other than the Public
21    Defender or the State Appellate Defender for compensation and
22    reimbursement of expenditures  necessarily  incurred  in  the
23    prosecution   of  the  appeal  or  review  proceedings.   The
24    compensation shall not exceed  $1500  in  each  case,  except
25    that,  in  extraordinary  circumstances, payment in excess of
26    the limits herein stated may be made if the  reviewing  court
27    certifies  that  the  payment  is  necessary  to provide fair
28    compensation for protracted  representation.   The  reviewing
29    court  shall enter an order directing the county treasurer of
30    the county where the case was tried to pay the amount allowed
31    by the court. The reviewing court may order  the  provisional
 
                            -2-                LRB9207923REmg
 1    payment of sums during the pendency of the cause.
 2        (c)  In any case in which a sentence of death was imposed
 3    in  the trial court, the Supreme Court, upon written petition
 4    of the defendant's counsel made not more than every  60  days
 5    after  appointment,  shall  determine reasonable compensation
 6    for  an  indigent  defendant's  attorneys  on   appeal.   The
 7    compensation  shall  be  a  reasonable  fee  based  upon  the
 8    compensation of attorneys who represent defendants in capital
 9    cases  on  appeal  in  the  county with jurisdiction over the
10    case. not  exceed  $2,000  in  each  case,  except  that,  in
11    extraordinary  circumstances, payment in excess of the limits
12    herein stated may be made if the  reviewing  court  certifies
13    that  the  payment  is necessary to provide fair compensation
14    for protracted representation.  The Supreme Court shall enter
15    an order directing the State county treasurer,  or  the  Cook
16    County Treasurer if the case was tried in Cook County, of the
17    county  where  the  case  was  tried  to pay compensation and
18    reimburse   expenditures   necessarily   incurred   in    the
19    prosecution  of  the  appeal  or  review proceedings from the
20    Capital Litigation Trust Fund or from the grant moneys to the
21    Cook County Treasurer, as the case may be. The Supreme  Court
22    may order the provisional payment of sums during the pendency
23    of the cause.
24    (Source: P.A. 86-318; 87-580.)

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.

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