Bill Text: IL HB1417 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Code of Criminal Procedure of 1963. Allows a court, on motion of court-appointed counsel, to conduct a hearing on the amount of payment to court-appointed counsel, in addition to conducting a hearing on the payment on motion of the court or the State's Attorney. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2015-03-19 - Referred to Assignments [HB1417 Detail]
Download: Illinois-2015-HB1417-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 113-3.1 as follows:
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6 | (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
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7 | Sec. 113-3.1. Payment for Court-Appointed Counsel.
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8 | (a) Whenever under
either Section 113-3 of this Code or | ||||||
9 | Rule 607 of the Illinois Supreme Court
the court appoints | ||||||
10 | counsel to represent a defendant, the court may order
the | ||||||
11 | defendant to pay to the Clerk of the Circuit Court a reasonable | ||||||
12 | sum
to reimburse either the county or the State for such | ||||||
13 | representation.
In a hearing to determine the amount of the
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14 | payment, the court shall consider the affidavit prepared by the | ||||||
15 | defendant
under Section 113-3 of this Code and any other | ||||||
16 | information pertaining to
the defendant's financial | ||||||
17 | circumstances which may be submitted by the parties.
Such | ||||||
18 | hearing shall be conducted on the court's own motion or on | ||||||
19 | motion of
the State's Attorney or on motion of court-appointed | ||||||
20 | counsel at any time after the appointment of counsel but no
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21 | later than 90 days after the entry of a final order disposing | ||||||
22 | of the case
at the trial level.
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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 | ||||||
2 | defendant charged with
a felony, or $2,500 for a defendant who | ||||||
3 | is appealing a conviction
of any class offense.
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4 | (c) The method of any payment required under this Section | ||||||
5 | shall be as
specified by the Court. The court may order that | ||||||
6 | payments be made on a
monthly basis during the term of | ||||||
7 | representation; however, the sum deposited as
money bond shall | ||||||
8 | not be used to satisfy this court order. Any sum deposited
as | ||||||
9 | money
bond with the Clerk of
the Circuit Court under Section | ||||||
10 | 110-7 of this Code may be used in the
court's discretion in | ||||||
11 | whole or in part to comply with any payment order
entered in | ||||||
12 | accordance with paragraph
(a) of this Section. The court may | ||||||
13 | give special consideration to the interests
of relatives or | ||||||
14 | other third parties who may have posted a money bond on
the | ||||||
15 | behalf of the defendant to secure his release. At any time | ||||||
16 | prior to
full payment of any payment order the court on its own | ||||||
17 | motion or the motion
of any party may reduce, increase, or | ||||||
18 | suspend the ordered payment, or modify
the method of payment, | ||||||
19 | as the interest of fairness may require. No increase,
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20 | suspension, or reduction may be ordered without a hearing and | ||||||
21 | notice
to all parties.
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22 | (d) The Supreme Court or the circuit courts may provide by | ||||||
23 | rule for
procedures for the enforcement of orders entered under | ||||||
24 | this Section.
Such rules may provide for the assessment of all | ||||||
25 | costs, including
attorneys' fees which are required for the | ||||||
26 | enforcement of orders entered
under this Section when the court |
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1 | in an enforcement proceeding has first
found that the defendant | ||||||
2 | has willfully refused to pay. The Clerk of the
Circuit Court | ||||||
3 | shall keep records and make reports to the court concerning
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4 | funds paid under this Section in whatever manner the court | ||||||
5 | directs.
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6 | (e) Whenever an order is entered under this Section for the | ||||||
7 | reimbursement
of the State due to the appointment of the State | ||||||
8 | Appellate Defender as counsel
on appeal, the order shall | ||||||
9 | provide that the Clerk of the Circuit Court shall
retain all | ||||||
10 | funds paid pursuant to such order until the full amount of the
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11 | sum ordered to be paid by the defendant has been paid. When no | ||||||
12 | balance remains
due on such order, the Clerk of the Circuit | ||||||
13 | Court shall inform the court
of this fact and the court shall | ||||||
14 | promptly order the Clerk of the Circuit
Court to pay to the | ||||||
15 | State Treasurer all of the sum paid.
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16 | (f) The Clerk of the Circuit Court shall retain all funds | ||||||
17 | under this Section
paid for the reimbursement of the county, | ||||||
18 | and shall inform the court when
no balance remains due on an | ||||||
19 | order entered hereunder. The Clerk of the Circuit
Court shall | ||||||
20 | make payments of funds collected under this Section to the | ||||||
21 | County
Treasurer in whatever manner and at whatever point as | ||||||
22 | the court may direct,
including payments made on a monthly | ||||||
23 | basis during the term
of representation.
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24 | (g) A defendant who fails to obey any order of court | ||||||
25 | entered under this
Section may be punished for contempt of | ||||||
26 | court. Any arrearage in payments
may be reduced to judgment in |
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1 | the court's discretion and collected by any
means authorized | ||||||
2 | for the collection of money judgments under the law of
this | ||||||
3 | State.
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4 | (Source: P.A. 88-394.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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