725 ILCS 5/113-3
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title V - Proceedings Prior To Trial

 (from Ch. 38, par. 113-3)Sec. 113-3.         (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.  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 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 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 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.)