Illinois HB 4217: COUNTIES CD-DEFENDER POWERS

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 Full Text of HB4217

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HB4217 EnrolledLRB104 16525 RTM 29921 b

1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois, 

3represented in the General Assembly:

4 Section 5. The Counties Code is amended by changing 

5Section 3-4006 as follows:

6 (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)

7 Sec. 3-4006. Duties of public defender. The public 

8defender Public Defender, as directed by the court, shall act 

9as attorney, without fee, before any court within any county 

10for all persons who are held in custody or who are charged with 

11the commission of any criminal offense, and who the court 

12finds are unable to employ counsel.

13 The public defender Public Defender shall be the attorney, 

14without fee, when so appointed by the court under Section 1-5 

15of the Juvenile Court Act of 1987.

16 In cases subject to Section 5-170 of the Juvenile Court 

17Act of 1987 involving a minor who was under 15 years of age at 

18the time of the commission of the offense, that occurs in a 

19county with a full-time public defender office, a public 

20defender, without fee or appointment, may represent and have 

21access to a minor during a custodial interrogation. In cases 

22subject to Section 5-170 of the Juvenile Court Act of 1987 

23involving a minor who was under 15 years of age at the time of 

HB4217 Enrolled- 2 -LRB104 16525 RTM 29921 b

1the commission of the offense, that occurs in a county without 

2a full-time public defender, the law enforcement agency 

3conducting the custodial interrogation shall ensure that the 

4minor is able