ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/113-3 (2026)

(a) Every person charged with an offense shall be allowed counsel before pleading to the charge

✓ current as of May 2026
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(725 ILCS 5/113-3) (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.)

    
Notes of Decisions
Cited in 45 cases (18 in the last 5 years), 1999–2026 · leading case: People v. Rogers, 2021 IL 126163 (Ill. 2021).
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People v. Rogers, 2021 IL 126163 (Ill. 2021). · cites it 3× “¶ 24 The State and appellate court note that where a defendant does not have a federal constitutional right to appointed counsel, however, a defendant may have a statutory right to appointed counsel pursuant to section 113-3(b) of the Code of Criminal Procedure of 1963 (725 ILCS…”
People v. Chapman, 743 N.E.2d 48 (Ill. 2000). · cites it 2× “, 725 ILCS 5/113-3(b) (West 1998) (governing the appointment of counsel in cases where a defendant is indigent); 725 ILCS 5/113-3(d) (West 1998) (governing the payment of expert witnesses in capital cases where the defendant is indigent); 725 ILCS 5/113-3.”
People v. Russell, 895 N.E.2d 1131 (Ill. App. Ct. 2008). · cites it 3× “Expert Witness Fees Prior to trial, the defendant filed a motion for expert witness fees, citing "725 ILCS 5/113-3" (725 ILCS 5/113-3(d) (West 2004)).”
In re K.I., 2016 IL App (3d) 160010 (Ill. App. Ct. 2016). “Unlike section 113-3(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3(d) (West 2012)), there is no provision in the Code of Civil Practice that allows for the payment of expert witnesses on behalf of indigent defendants.”
People v. Talidis, 2023 IL App (2d) 220109 (Ill. App. Ct. 2023). · cites it 2× “See 725 ILCS 5/113-3(b) (West 2020) (“The court shall require an affidavit signed by any defendant who requests court- appointed counsel.”
People v. Savage, 838 N.E.2d 247 (Ill. App. Ct. 2005). “" 725 ILCS 5/113-3(b) (West 2002). Given these specific rights to counsel and the application of the mandatory criminal discovery rules to cases involving more serious criminal offenses, it is not unreasonable for the drafters of Rule 415(c) to have believed most criminal…”
People v. Smith, 937 N.E.2d 210 (Ill. App. Ct. 2010). · cites it 10× “We hold that section 113-3(c) is applicable to counsel appointed under section 113-3(b) of the Code only (725 ILCS 5/113-3(b) (West 2008)) and was thus not a basis on which the court could order the State to cover these expenses for pro bono counsel.”
People v. Montgomery, 2023 IL App (3d) 200389 (Ill. App. Ct. 2023). “¶ 19 The right to counsel guaranteed by the federal constitution (U.”
People v. Clark, 2018 IL 122495 (Ill. 2019). · cites it 2× “335 , 345 (1963) (requiring courts to appoint counsel for indigent criminal defendants); 725 ILCS 5/113-3(b) (West 2014). The State cannot know which or how many criminal defendants will require a public defender, and the public defender’s office therefore must exist and be…”
People v. Mooney, 2019 IL App (3d) 150607 (Ill. App. Ct. 2019). · cites it 2× “725 ILCS 5/113-3(b) (West 2014). Because this right even applies where the sixth amendment right does not, it is often said that "Illinois provides a right to counsel that is broader than the sixth amendment right to counsel.”
Rojo v. Tunick, 2021 IL App (2d) 200191 (Ill. App. Ct. 2021). “The Illinois right to counsel, which is codified in section 113-3(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3(b) (West 2018)), states that “[i]n all cases, except where the penalty is a fine only, if the court determines that the defendant is indigent and…”
People v. Mooney, 2019 IL App (3d) 150607 (Ill. App. Ct. 2019). · cites it 2× “725 ILCS 5/113-3(b) (West 2014). Because this right even applies where the sixth amendment right does not, it is often said that “Illinois provides a right to counsel that is broader than the sixth amendment right to counsel.”
Show all 45 citing cases →
— 725 ILCS 5/113-3(b) — 34 cases
People v. Rogers, 2021 IL 126163 (Ill. 2021). “¶ 24 The State and appellate court note that where a defendant does not have a federal constitutional right to appointed counsel, however, a defendant may have a statutory right to appointed counsel pursuant to section 113-3(b) of the Code of Criminal Procedure of 1963 (725 ILCS…”
People v. Chapman, 743 N.E.2d 48 (Ill. 2000). “, 725 ILCS 5/113-3(b) (West 1998) (governing the appointment of counsel in cases where a defendant is indigent); 725 ILCS 5/113-3(d) (West 1998) (governing the payment of expert witnesses in capital cases where the defendant is indigent); 725 ILCS 5/113-3.”
People v. Talidis, 2023 IL App (2d) 220109 (Ill. App. Ct. 2023). “See 725 ILCS 5/113-3(b) (West 2020) (“The court shall require an affidavit signed by any defendant who requests court- appointed counsel.”
People v. Savage, 838 N.E.2d 247 (Ill. App. Ct. 2005). “" 725 ILCS 5/113-3(b) (West 2002). Given these specific rights to counsel and the application of the mandatory criminal discovery rules to cases involving more serious criminal offenses, it is not unreasonable for the drafters of Rule 415(c) to have believed most criminal…”
People v. Montgomery, 2023 IL App (3d) 200389 (Ill. App. Ct. 2023). “¶ 19 The right to counsel guaranteed by the federal constitution (U.”
— 725 ILCS 5/113-3(c) — 1 case
People v. Smith, 937 N.E.2d 210 (Ill. App. Ct. 2010). “We hold that section 113-3(c) is applicable to counsel appointed under section 113-3(b) of the Code only (725 ILCS 5/113-3(b) (West 2008)) and was thus not a basis on which the court could order the State to cover these expenses for pro bono counsel.”
— 725 ILCS 5/113-3(d) — 10 cases
People v. Chapman, 743 N.E.2d 48 (Ill. 2000). “, 725 ILCS 5/113-3(b) (West 1998) (governing the appointment of counsel in cases where a defendant is indigent); 725 ILCS 5/113-3(d) (West 1998) (governing the payment of expert witnesses in capital cases where the defendant is indigent); 725 ILCS 5/113-3.”
People v. Russell, 895 N.E.2d 1131 (Ill. App. Ct. 2008). “Expert Witness Fees Prior to trial, the defendant filed a motion for expert witness fees, citing "725 ILCS 5/113-3" (725 ILCS 5/113-3(d) (West 2004)).”
In re K.I., 2016 IL App (3d) 160010 (Ill. App. Ct. 2016). “Unlike section 113-3(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3(d) (West 2012)), there is no provision in the Code of Civil Practice that allows for the payment of expert witnesses on behalf of indigent defendants.”
People v. Smith, 937 N.E.2d 210 (Ill. App. Ct. 2010). “We hold that section 113-3(c) is applicable to counsel appointed under section 113-3(b) of the Code only (725 ILCS 5/113-3(b) (West 2008)) and was thus not a basis on which the court could order the State to cover these expenses for pro bono counsel.”
People v. Arrieta, 2021 IL App (2d) 180037-U (Ill. App. Ct. 2021).
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