Bill Text: IL SB2818 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that the posting of bail by a defendant shall not be a factor when considering if he or she qualifies for the appointment of a Public Defender. Defines "indigent". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2818 Detail]

Download: Illinois-2017-SB2818-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2818 Introduced 2/13/2018, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
725 ILCS 5/102-11.5 new
725 ILCS 5/113-3 from Ch. 38, par. 113-3
Amends the Code of Criminal Procedure of 1963. Provides that the posting of bail by a defendant shall not be a factor when considering if he or she qualifies for the appointment of a Public Defender. Defines "indigent". Effective immediately.
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A BILL FOR
SB2818 LRB100 19036 SLF 34290 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 102-11.5 and by changing Section
113-3 as follows:
(725 ILCS 5/102-11.5 new)
Sec. 102-11.5. "Indigent".
"Indigent" means: (1) the person is receiving assistance
under one or more of the following public benefits programs:
Supplemental Security Income, Aid to the Aged, Blind, and
Disabled, Temporary Assistance for Needy Families, Food
Stamps, Supplemental Nutrition Assistance Program, General
Assistance, Transitional Assistance, or State Children and
Family Assistance; (2) the person's available income is 125% or
less of the current poverty level as established by the United
States Department of Health and Human Services, unless the
person's assets are of a nature and value that the court
determines that the person is able to pay the fees, costs, and
charges; or (3) the person is, in the discretion of the court,
unable to proceed in an action without payment of fees, costs,
and charges and the payment of those fees, costs, and charges
would result in substantial hardship to the person or his or

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her family.
(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
Sec. 113-3. Right to counsel.
(a) Every person charged with an offense shall be allowed
counsel before pleading to the charge. If the defendant desires
counsel and has been unable to obtain same before arraignment
the court shall recess court or continue the cause for a
reasonable time to permit defendant to obtain counsel and
consult with him before pleading to the charge. If the accused
is a dissolved corporation, and is not represented by counsel,
the court may, in the interest of justice, appoint as counsel a
licensed attorney of this State.
(b) In all cases, except where the penalty is a fine only,
if the court determines that the defendant is indigent and
desires counsel, the Public Defender shall be appointed as
counsel. The posting of bail by the defendant shall not be a
factor when considering if he or she qualifies for the
appointment of a Public Defender. If there is no Public
Defender in the county or if the defendant requests counsel
other than the Public Defender and the court finds that the
rights of the defendant will be prejudiced by the appointment
of the Public Defender, the court shall appoint as counsel a
licensed attorney at law of this State, except that in a county
having a population of 2,000,000 or more the Public Defender
shall be appointed as counsel in all misdemeanor cases where

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the defendant is indigent and desires counsel unless the case
involves multiple defendants, in which case the court may
appoint counsel other than the Public Defender for the
additional defendants. The court shall require an affidavit
signed by any defendant who requests court-appointed counsel.
Such affidavit shall be in the form established by the Supreme
Court containing sufficient information to ascertain the
assets and liabilities of that defendant. The Court may direct
the Clerk of the Circuit Court to assist the defendant in the
completion of the affidavit. Any person who knowingly files
such affidavit containing false information concerning his
assets and liabilities shall be liable to the county where the
case, in which such false affidavit is filed, is pending for
the reasonable value of the services rendered by the public
defender or other court-appointed counsel in the case to the
extent that such services were unjustly or falsely procured.
(c) Upon the filing with the court of a verified statement
of services rendered the court shall order the county treasurer
of the county of trial to pay counsel other than the Public
Defender a reasonable fee. The court shall consider all
relevant circumstances, including but not limited to the time
spent while court is in session, other time spent in
representing the defendant, and expenses reasonably incurred
by counsel. In counties with a population greater than
2,000,000, the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a

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reasonable fee stated in the order and based upon a rate of
compensation of not more than $40 for each hour spent while
court is in session and not more than $30 for each hour
otherwise spent representing a defendant, and such
compensation shall not exceed $150 for each defendant
represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in this
Section provided, except that, in extraordinary circumstances,
payment in excess of the limits herein stated may be made if
the trial court certifies that such payment is necessary to
provide fair compensation for protracted representation. A
trial court may entertain the filing of this verified statement
before the termination of the cause, and may order the
provisional payment of sums during the pendency of the cause.
(d) In capital cases, in addition to counsel, if the court
determines that the defendant is indigent the court may, upon
the filing with the court of a verified statement of services
rendered, order the county Treasurer of the county of trial to
pay necessary expert witnesses for defendant reasonable
compensation stated in the order not to exceed $250 for each
defendant.
(e) If the court in any county having a population greater
than 2,000,000 determines that the defendant is indigent the
court may, upon the filing with the court of a verified
statement of such expenses, order the county treasurer of the
county of trial, in such counties having a population greater

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than 2,000,000 to pay the general expenses of the trial
incurred by the defendant not to exceed $50 for each defendant.
(f) The provisions of this Section relating to appointment
of counsel, compensation of counsel, and payment of expenses in
capital cases apply except when the compensation and expenses
are being provided under the Capital Crimes Litigation Act.
(Source: P.A. 91-589, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.