There is a newer version of the Illinois Compiled Statutes
2005 Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963. Article 121 - Appeal By Defendant
(725 ILCS 5/121‑1) (from Ch. 38, par. 121‑1)
Sec. 121‑1.
Application of article.
Unless otherwise provided by Rules of the Supreme Court this Article
shall govern review in all criminal cases.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/121‑13) (from Ch. 38, par. 121‑13)
Sec. 121‑13.
Pauper Appeals.
(a) In any case wherein the defendant was
convicted of a felony, if the court determines that the defendant desires
counsel on appeal but is indigent the Public Defender or the State
Appellate Defender shall be appointed as counsel, unless with the consent
of the defendant and for good cause shown, the court may appoint counsel
other than the Public Defender or the State Appellate Defender.
(b) In any case wherein the defendant
was convicted of a felony and a sentence of death was not imposed in the
trial court the reviewing court, upon petition of the defendant's
counsel made not more frequently than every 60 days after appointment,
shall determine a reasonable amount to be allowed an indigent
defendant's counsel other than the Public Defender or the State
Appellate Defender for compensation and reimbursement of expenditures
necessarily incurred in the prosecution of the appeal or review
proceedings. The compensation shall not exceed $1500 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The reviewing court shall enter an order directing the
county treasurer of the county where the case was tried to pay the
amount allowed by the court. The reviewing court may order the
provisional payment of sums during the pendency of the cause.
(c) In any case in which a sentence of death was imposed in the
trial court, the Supreme Court, upon written petition of the defendant's
counsel made not more than every 60 days after appointment, shall
determine reasonable compensation for an indigent defendant's attorneys
on appeal. The compensation shall not exceed $2,000 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The Supreme Court shall enter an order directing the
county treasurer of the county where the case was
tried to pay compensation and reimburse expenditures necessarily incurred
in the prosecution of the appeal or review proceedings. The Supreme Court
may order the provisional payment of sums during the pendency of the cause.
(Source: P.A. 86‑318; 87‑580.)
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