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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5217 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 55 ILCS 5/3-4006 | from Ch. 34, par. 3-4006 |
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Amends the Counties Code. Makes a technical change in a Section concerning
the duties of the Public Defender.
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| | A BILL FOR |
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| | HB5217 | | LRB099 17329 AWJ 41687 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 3-4006 as follows:
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| 6 | | (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
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| 7 | | Sec. 3-4006. Duties of public defender. The
The Public |
| 8 | | Defender, as
directed by the court, shall act as attorney, |
| 9 | | without fee, before any court
within any county for all persons |
| 10 | | who are held in custody or who are
charged with the commission |
| 11 | | of any criminal offense, and who the court
finds are unable to |
| 12 | | employ counsel. |
| 13 | | The Public Defender shall be the attorney, without fee, |
| 14 | | when so appointed
by the court under Section 1-20 of the |
| 15 | | Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of |
| 16 | | 1987 or by any court under Section 5(b) of the
Parental Notice |
| 17 | | of Abortion Act of 1983 for any party who the court finds
is |
| 18 | | financially unable to employ counsel.
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| 19 | | Every court shall, with the consent of the defendant and |
| 20 | | where the court
finds that the rights of the defendant would be |
| 21 | | prejudiced by the
appointment of the public defender, appoint |
| 22 | | counsel other than the public
defender, except as otherwise |
| 23 | | provided in Section 113-3 of the
"Code of Criminal Procedure of |