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| Public Act 104-0225 | ||||
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AN ACT concerning local government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Counties Code is amended by changing | ||||
Section 3-4006 as follows: | ||||
(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006) | ||||
Sec. 3-4006. Duties of public defender. The Public | ||||
Defender, as directed by the court, shall act as attorney, | ||||
without fee, before any court within any county for all | ||||
persons who are held in custody or who are charged with the | ||||
commission of any criminal offense, and who the court finds | ||||
are unable to employ counsel. | ||||
The Public Defender shall be the attorney, without fee, | ||||
when so appointed by the court under Section 1-5 of the | ||||
Juvenile Court Act of 1987. | ||||
In cases subject to Section 5-170 of the Juvenile Court | ||||
Act of 1987 involving a minor who was under 15 years of age at | ||||
the time of the commission of the offense, that occurs in a | ||||
county with a full-time public defender office, a public | ||||
defender, without fee or appointment, may represent and have | ||||
access to a minor during a custodial interrogation. In cases | ||||
subject to Section 5-170 of the Juvenile Court Act of 1987 | ||||
involving a minor who was under 15 years of age at the time of | ||||
the commission of the offense, that occurs in a county without | ||
a full-time public defender, the law enforcement agency | ||
conducting the custodial interrogation shall ensure that the | ||
minor is able to consult with an attorney who is under contract | ||
with the county to provide public defender services. | ||
Representation by the public defender shall terminate at the | ||
first court appearance if the court determines that the minor | ||
is not indigent. | ||
Every court shall, with the consent of the defendant and | ||
where the court finds that the rights of the defendant would be | ||
prejudiced by the appointment of the public defender, appoint | ||
counsel other than the public defender, except as otherwise | ||
provided in Section 113-3 of the "Code of Criminal Procedure | ||
of 1963". That counsel shall be compensated as is provided by | ||
law. He shall also, in the case of the conviction of any such | ||
person, prosecute any proceeding in review which in his | ||
judgment the interests of justice require. | ||
In counties with a population over 3,000,000, the public | ||
defender, without fee or appointment and with the concurrence | ||
of the county board, may act as attorney to noncitizens in | ||
immigration cases. Representation by the public defender in | ||
immigration cases shall be limited to those arising or being | ||
heard in immigration courts located within the geographical | ||
boundaries of the county where the public defender has been | ||
appointed to office and to those of county residents with | ||
immigration cases outside of the county unless the board | ||
authorizes the public defender to provide representation | ||
beyond those limits outside the county. | ||
(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||