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Illinois General Assembly· HB 3363Governor Approved

STATE PUBLIC DEFENDER, the official text

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HB3363 Enrolled                     LRB104 10367 RLC 20442 b

1   AN ACT concerning State government.

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

3 represented in the General Assembly:

4   Section 1. Short title. This Act may be cited as the State

5 Public Defender Act.

6   Section 5. Legislative declaration. The General Assembly

7 recognizes that zealous legal representation in criminal,

8 juvenile delinquency, and dependency proceedings and related

9 matters is a constitutional right of the people of the State of

10 Illinois and that high-quality legal representation should be

11 available regardless of a person's ability to pay. Therefore,

12 it is the intent of the General Assembly to provide for an

13 effective public defense system throughout the State and to

14 encourage the active and substantial participation of the

15 private bar in the representation of accused people.

16  Section 10. Definitions. As used in this Act, unless the

17 context otherwise requires:

18  "Commission" means the State Public Defender Commission

19 established under Section 40.

20  "Chief County Public Defender" has the meaning ascribed to

21 it in Section 3-4000.1 of the Counties Code.

22  "State Public Defender" means the individual appointed as
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1 State Public Defender under Section 30.

2   Section 15. Office of State Public Defender. The Office of

3 State Public Defender is created as an agency of State

4 government and as an independent agency within the judicial

5 branch of government. The Office of State Public Defender

6 shall be under the supervision and direction of the State

7 Public Defender, and its records are subject to the Freedom of

8 Information Act.

9   Section 20. Oath of office. The State Public Defender

10 shall take the oath of office provided by law before assuming

11 the duties of the Office of State Public Defender.

12  Section 25. Salary. The State Public Defender shall

13 receive an annual salary equivalent to that of the Attorney

14 General.

15  Section 30. Powers and duties of the State Public

16 Defender.

17  (a) The State Public Defender or the State Public

18 Defender's designee shall act as attorney when appointed by a

19 court, without fee, for all otherwise unrepresented persons in

20 any matter in which a county public defender or other attorney

21 may be appointed, and who the court finds are unable to afford

22 counsel. The Office of the State Public Defender shall be the
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1 attorney, without fee, when so appointed by the court under

2 the Juvenile Court Act of 1987.

3   (b) The initial State Public Defender shall be appointed

4 for a 2-year term by a majority vote of the Illinois Supreme

5 Court. Each subsequent State Public Defender shall be

6 appointed for a 6-year term under Section 45. The State Public

7 Defender shall adopt rules, instructions, and orders

8 consistent with this Act, further defining the organization of

9 the Office of the State Public Defender and the duties of the

10 Office's employees.

11  (c) Before submitting a budget request to the General

12 Assembly, the State Public Defender shall submit the budget

13 request to the State Public Defender Commission for approval.

14  (d) The State Public Defender may:

15  (1) provide representation in counties located within

16  its regional offices in addition to appointed counsel and

17  county public defenders;

18  (2) provide county public defenders with the

19  assistance of attorneys, expert witnesses, investigators,

20  administrative staff, and social service staff;

21  (3) provide training and other resources to county

22  public defenders;

23  (4) maintain a panel of private attorneys available to

24  serve as counsel on a case-by-case basis;

25  (5) provide funding and such other support designed to

26  improve, increase access to, and advance the cause of
    HB3363 Enrolled           -4-  LRB104 10367 RLC 20442 b

1   indigent defense, including aiding county public defenders

2   in providing effective assistance of counsel to their

3   clients. Such funding and support shall supplement, not

4   supplant, existing county public defender budgets and

5   services. Before receiving any funds provided under this

6   Section, a county must certify in writing to the State

7   that it will not reduce county funds provided for public

8   defense;

9   (6) establish programs, alone or in conjunction with

10  law schools, for the purpose of using law students as

11  legal assistants;

12  (7) ensure access to a digital discovery storage

13  management system, case management software, and legal

14  research subscriptions for county public defenders, taking

15  into consideration compatibility with existing county and

16  State-based systems; and

17  (8) cooperate and consult with State and county

18  agencies, professional associations, and other groups

19  concerning the causes of criminal conduct, the

20  rehabilitation and support of persons charged with and

21  convicted of crime, the administration of criminal

22  justice, and the administration of juvenile delinquency

23  and dependency matters, including collaboration with other

24  court stakeholders to advocate for adequate funding of

25  court systems.

26  (e) The State Public Defender shall establish a
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1 recruitment and retention plan to ensure a skilled and diverse

2 workforce is available to serve clients in every part of the

3 State, including establishing competitive salary scales.

4   (f) The State Public Defender shall establish and

5 supervise training programs for the State Public Defender's

6 employees.

7   (g) The State Public Defender shall maintain a website to

8 provide the public with information about the Office of State

9 Public Defender and its organization, information on how to

10 join the Client Community Advisory Board, information for

11 people seeking employment in public defense, supplementary

12 statistics and reports of public interest, reports to the

13 Commission and State agencies, and agendas, minutes, and

14 documents for Commission meetings.

15  (h) The requirement for reporting to the General Assembly

16 shall be satisfied by filing copies of the report as required

17 by Section 3.1 of the General Assembly Organization Act and

18 filing such additional copies with the State Government Report

19 Distribution Center for the General Assembly as is required

20 under paragraph (t) of Section 7 of the State Library Act.

21  (i) All required reports shall be simultaneously

22 transmitted to the Supreme Court and to the Governor.

23  Section 35. Office of State Public Defender organization.

24  (a) Within the first year of the initial State Public

25 Defender's term, the State Public Defender shall establish a
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1 Public Defender Advisory Board, composed of attorneys

2 providing public defense services in this State, including one

3 or more public defenders from each Appellate Court District,

4 which shall meet regularly to advise the Office of the State

5 Public Defender regarding legal practice issues and resource

6 needs around the State and establishing workload, staffing,

7 and salary standards for the provision of public defense

8 throughout the State.

9   (b) Within the first 2 years of the initial State Public

10 Defender's term, the State Public Defender shall collaborate

11 with the Public Defender Advisory Board to determine which

12 judicial circuits or geographic regions require State public

13 defenders, how many public defenders and staff are required to

14 supplement existing county public defenders, staff, and

15 appointed counsel in order for the State of Illinois to comply

16 with its legal obligations, and what process should be used

17 for guiding and tracking recommendations to judges regarding

18 case assignments to State and county public defenders. Within

19 the first year of the initial State Public Defender's term,

20 the State Public Defender shall initiate a survey to determine

21 the number of employees and contractors providing public

22 defense services in the State and the types and numbers of

23 matters they are handling.

24  (c) Within the first year of the initial State Public

25 Defender's term, the State Public Defender shall establish a

26 Client Community Advisory Board, composed of former clients
    HB3363 Enrolled  -7-  LRB104 10367 RLC 20442 b

1 and impacted community members, which shall meet regularly to

2 advise the Office of the State Public Defender regarding

3 client legal issues and needs around the State.

4   (d) Within the first year of the initial State Public

5 Defender's term, the State Public Defender shall collaborate

6 with the Public Defender Advisory Board to devise an

7 application process for whenever there is an open Chief County

8 Public Defender position, including standards for job

9 descriptions and application requirements, and a process for

10 promotion of vacancies designed to recruit diverse, qualified

11 candidates.

12  Within the first 2 years of the initial State Public

13 Defender's term, the State Public Defender shall collaborate

14 with the Public Defender Advisory Board to devise standards

15 for retention and reappointment of Chief County Public

16 Defenders as well as a process for investigations and hearings

17 for removal of Chief County Public Defenders, including

18 immediate suspension when warranted. In the event a Chief

19 County Public Defender must be immediately removed or becomes

20 unable to serve in their position, the State Public Defender

21 is authorized to appoint an Acting Chief County Public

22 Defender.

23  (e) Within the first year of the initial State Public

24 Defender's term, the State Public Defender shall establish a

25 working group to assess the availability of public defender

26 representation and adequacy of resources in proceedings under
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1 Article II of the Juvenile Court Act of 1987. The working group

2 members shall include current public defenders, non-public

3 defenders that provide legal representation to parents or

4 respondents, or both, a representative of the Department of

5 Children and Family Services with expertise in funding under

6 Title IV-E of the Social Security Act (42 U.S.C. 670 through

7 679c), and nonprofit advocates with expertise in parent legal

8 representation. The working group shall meet regularly to

9 advise the Office of the State Public Defender regarding

10 client legal issues and needs around the State. The working

11 group shall deliver its first report and recommendations no

12 later than 12 months after the appointment of the initial

13 State Public Defender.

14  (f) Immediately upon being appointed, the initial State

15 Public Defender shall establish a procedure for distributions

16 from the Public Defender Fund described under Section 3-4014

17 of the Counties Code.

18  (1) The purpose of the Public Defender Fund is to

19  supplement, not supplant, county public defense budgets

20  and to aid county public defenders in providing effective

21  assistance of counsel to their clients.

22  (2) State support, funding, and services provided to

23  any county public defender office shall neither affect nor

24  be offset by any reduction in existing or projected public

25  defender office budgets from any other source.

26  (3) Appropriate uses of funds include, but are not
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1   limited to:

2   (A) hiring investigators, social workers, or

3   mental health clinicians;

4   (B) increasing compensation for attorney and

5   non-attorney employees;

6   (C) funding expert witnesses, trial technology,

7   investigation expenses, and any other case-related

8   needs; and

9   (D) training attorney and non-attorney employees.

10  (4) Requests by counties for financial support from

11  the Public Defender Fund shall originate solely from the

12  Chief County Public Defender of any jurisdiction and shall

13  be submitted directly to the Office of the State Public

14  Defender. Financial support shall be paid to the county in

15  which the requesting chief public defender practices, and

16  the county treasurer shall cause that entire amount to be

17  placed in the operating budget of the public defender for

18  immediate use.

19  (5) County public defender offices shall provide the

20  Office of State Public Defender with a report including a

21  detailed accounting of the provided funds and an

22  evaluation of the impact of the provided funds within a

23  reasonable time frame established by the Office of State

24  Public Defender.

25  (g) Following the planning phase described in subsections

26 (a) through (f), the State Public Defender may establish
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1 regional offices. The State Public Defender may appoint a

2 deputy public defender for each regional office who shall

3 serve as the administrator of that office. Each deputy public

4 defender must be an attorney licensed to practice law in this

5 State. Deputy public defenders shall serve at the pleasure of

6 the State Public Defender.

7   (h) The Office of the State Public Defender may hire and

8 train new State-employed personnel to carry out the Office's

9 duties under this Act, including, but not limited to,

10 attorneys licensed to practice law in this State, and

11 administrative, investigative, and social services employees.

12 Nothing in this Act shall be construed to invalidate,

13 diminish, or otherwise interfere with any collective

14 bargaining agreement or representation rights under the

15 Illinois Public Labor Relations Act, if applicable.

16  (i) Deputy public defenders may employ, with the approval

17 of the State Public Defender, assistant public defenders,

18 investigators, social services staff, administrative staff,

19 and other employees under their direct supervision, as

20 described in subsection (h).

21  (j) Attorneys employed by the Office of the State Public

22 Defender shall devote full time to their duties, except as

23 provided in Section 50, and may not engage in the private

24 practice of law.

25  Section 40. State Public Defender Commission.
    HB3363 Enrolled      - 11 - LRB104 10367 RLC 20442 b

1   (a) The State Public Defender Commission is created as an

2 independent body within the judicial branch. The Commission

3 shall be composed of 11 members, appointed as follows:

4   (1) two members appointed by the Governor;

5   (2) three members appointed by the Supreme Court;

6   (3) one member appointed by the Speaker of the House

7   of Representatives;

8   (4) one member appointed by the Minority Leader of the

9   House of Representatives;

10  (5) one member appointed by the President of the

11  Senate;

12  (6) one member appointed by the Minority Leader of the

13  Senate;

14  (7) one member appointed by the Governor representing

15  community-based organizations that support the success of

16  people impacted by the criminal or juvenile delinquency

17  and dependency legal systems; and

18  (8) one member appointed by the Governor representing

19  organizations advocating for civil rights or criminal or

20  juvenile delinquency or dependency legal system reform.

21  All appointments shall be filed with the Secretary of

22 State by the appointing authority within 3 months of the

23 effective date of this Act and within 3 months of any

24 subsequent vacancy. The terms of the original members shall be

25 as follows: 5 members shall be appointed to 2-year terms and

26 until a successor is appointed and qualified and 6 members
    HB3363 Enrolled  - 12 - LRB104 10367 RLC 20442 b

1 shall be appointed to 4-year terms and until a successor is

2 appointed and qualified. Thereafter, all members shall be

3 appointed to 4-year terms and until a successor is appointed

4 and qualified. The chairperson, at the first meeting of the

5 Commission, shall conduct a drawing by lot to determine

6 whether each original member shall be appointed to a 2-year or

7 4-year term.

8   (b) Persons appointed to the Commission shall have

9 significant experience in the defense of indigent clients in

10 criminal or juvenile proceedings or shall have demonstrated a

11 strong commitment to quality representation in indigent

12 defense matters. No person shall be appointed to the

13 Commission who, within the 2 years prior to appointment, has

14 received compensation to be a judge, elected official,

15 judicial officer, prosecutor, or law enforcement official, or

16 who has served as an employee of such a person.

17  (c) No member may serve more than 2 full 4-year terms.

18 Vacancies in the membership of the Commission are to be filled

19 in the same manner as original appointments. A vacancy shall

20 be declared upon any member missing 3 or more meetings in a row

21 unless the chairperson finds there was good cause for the

22 absences. Appointments to fill vacancies occurring before the

23 expiration of a term are for the remainder of the unexpired

24 term.

25  (d) Members of the Commission shall elect from the

26 membership of the Commission a chairperson, vice-chairperson,
    HB3363 Enrolled  - 13 - LRB104 10367 RLC 20442 b

1 and secretary. No officer may serve more than one full 4-year

2 term as an officer. The Commission shall meet quarterly. The

3 chairperson shall determine the time and place of meetings.

4 Additional meetings may be held upon petition to the

5 chairperson by 7 or more members of the Commission or upon the

6 call of the chairperson after 7 days written notice to the

7 members.

8   (e) The first act of the Commission shall be to identify

9 the operational costs and funding sources for establishing the

10 Office of the State Public Defender.

11  (f) The Commission shall approve the Office of State

12 Public Defender distribution of the Public Defender Fund under

13 Section 3-4014 of the Counties Code.

14  (g) Members of the Commission may receive a stipend upon

15 demonstrated need, based on a decision of the chairperson.

16 Members of the Commission shall receive reimbursement for

17 actual expenses incurred in the performance of the member's

18 duties.

19  (h) Six members of the Commission constitute a quorum.

20  (i) Records and proceedings of the Commission shall be

21 subject to the Open Meetings Act and Freedom of Information

22 Act.

23  Section 45. Powers and duties of the State Public Defender

24 Commission.

25  (a) The Commission shall appoint, by a vote of a majority
    HB3363 Enrolled  - 14 - LRB104 10367 RLC 20442 b

1 of its members, a State Public Defender for a 6-year term and

2 until the State Public Defender's successor is appointed and

3 qualified. The State Public Defender must be an attorney

4 licensed to practice law in this State and whose practice of

5 law has clearly demonstrated experience in the representation

6 of persons accused of crime; who has been licensed to practice

7 law in this State or in another state for at least 5 years; who

8 has had administrative experience; and who is dedicated to the

9 goals of providing high-quality representation for eligible

10 persons and to improving the quality of defense services

11 generally. The State Public Defender shall devote full time to

12 the duties of the Office of State Public Defender and may not

13 engage in the private practice of law.

14  (b) The State Public Defender shall draft, and the

15 Commission shall approve and publish, standards for

16 trial-level public defense to guarantee the right of indigent

17 defendants to the assistance of counsel as provided under the

18 Sixth Amendment of the United States Constitution. The

19 standards shall include, but are not limited to:

20  (1) maximum workloads for felony, misdemeanor,

21  traffic, juvenile, and post-conviction cases to be handled

22  by attorneys who provide public defense services;

23  (2) minimum staffing levels for non-attorney staff,

24  such as investigators, mitigators, social workers, and

25  administrative support staff;

26  (3) supervision and experience standards relative to
    HB3363 Enrolled      - 15 - LRB104 10367 RLC 20442 b

1   case complexity;

2   (4) requirements to ensure that attorneys providing

3   public defense services are independent, free of conflicts

4   of interest, and free of economic disincentives or

5   incentives that impair defense counsel's ability to

6   provide effective representation;

7   (5) sufficient private office space, located at or

8   near the courthouse where the public defender practices,

9   and videoconferencing technology, to allow attorney-client

10  confidentiality to be safeguarded for meetings between

11  public defenders and their clients;

12  (6) adequate resources for expert witnesses, trial

13  technology, investigation expenses, and any other

14  case-related needs;

15  (7) continuous representation by one attorney

16  throughout the pendency of the case to the extent

17  possible; and

18  (8) ongoing, systematic evaluation of each public

19  defense agency.

20  (c) The Commission shall approve or modify an operational

21 budget and the Public Defender Fund expenditures submitted to

22 the Commission by the State Public Defender.

23  (d) The Commission may remove the State Public Defender

24 only for cause and after a hearing. The Commission may hold

25 such a hearing on the Commission's own motion and may adopt

26 rules establishing other procedures for the hearing.
    HB3363 Enrolled      - 16 - LRB104 10367 RLC 20442 b

1   (e) The State Public Defender shall submit reports to the

2 Commission on the operation of the Office of State Public

3 Defender at each quarterly meeting. The State Public Defender

4 shall submit a comprehensive report to the Commission at the

5 end of each fiscal year. The Commission may require the State

6 Public Defender to submit additional or amended reports on any

7 aspect of the operation of the Office of State Public

8 Defender.

9   Section 50. Shared position. As used in this Section,

10 "shared position" means a position in which individuals share

11 the salary and employee benefits. For purposes of seniority,

12 each individual shall receive credit at a rate equal to the

13 percentage of time employed in a shared position. Attorneys

14 sharing a position may not engage in the private practice of

15 law.

16  Section 90. The Freedom of Information Act is amended by

17 changing Section 7 as follows:

18  (5 ILCS 140/7)

19  Sec. 7. Exemptions.

20  (1) When a request is made to inspect or copy a public

21 record that contains information that is exempt from

22 disclosure under this Section, but also contains information

23 that is not exempt from disclosure, the public body may elect
    HB3363 Enrolled    - 17 - LRB104 10367 RLC 20442 b

1 to redact the information that is exempt. The public body

2 shall make the remaining information available for inspection

3 and copying. Subject to this requirement, the following shall

4 be exempt from inspection and copying:

5   (a) Records created or compiled by a State public

6   defender agency or commission subject to the State Public

7   Defender Act that contain: individual client identity;

8   individual case file information; individual investigation

9   records and other records that are otherwise subject to

10  attorney-client privilege; records that would not be

11  discoverable in litigation; records under Section 2.15;

12  training materials; records related to attorney

13  consultation and representation strategy; or any of the

14  above concerning clients of county public defenders or

15  other defender agencies and firms. This exclusion does not

16  apply to deidentified, aggregated, administrative records,

17  such as general case processing and workload information.

18  (a-5) (a) Information specifically prohibited from

19  disclosure by federal or State law or rules and

20  regulations implementing federal or State law.

21  (b) Private information, unless disclosure is required

22  by another provision of this Act, a State or federal law,

23  or a court order.

24  (b-5) Files, documents, and other data or databases

25  maintained by one or more law enforcement agencies and

26  specifically designed to provide information to one or
    HB3363 Enrolled  - 18 - LRB104 10367 RLC 20442 b

1   more law enforcement agencies regarding the physical or

2   mental status of one or more individual subjects.

3   (c) Personal information contained within public

4   records, the disclosure of which would constitute a

5   clearly unwarranted invasion of personal privacy, unless

6   the disclosure is consented to in writing by the

7   individual subjects of the information. "Unwarranted

8   invasion of personal privacy" means the disclosure of

9   information that is highly personal or objectionable to a

10  reasonable person and in which the subject's right to

11  privacy outweighs any legitimate public interest in

12  obtaining the information. The disclosure of information

13  that bears on the public duties of public employees and

14  officials shall not be considered an invasion of personal

15  privacy.

16  (d) Records in the possession of any public body

17  created in the course of administrative enforcement

18  proceedings, and any law enforcement or correctional

19  agency for law enforcement purposes, but only to the

20  extent that disclosure would:

21  (i) interfere with pending or actually and

22  reasonably contemplated law enforcement proceedings

23  conducted by any law enforcement or correctional

24  agency that is the recipient of the request;

25  (ii) interfere with active administrative

26  enforcement proceedings conducted by the public body
    HB3363 Enrolled  - 19 - LRB104 10367 RLC 20442 b

1   that is the recipient of the request;

2   (iii) create a substantial likelihood that a

3   person will be deprived of a fair trial or an impartial

4   hearing;

5   (iv) unavoidably disclose the identity of a

6   confidential source, confidential information

7   furnished only by the confidential source, or persons

8   who file complaints with or provide information to

9   administrative, investigative, law enforcement, or

10  penal agencies; except that the identities of

11  witnesses to traffic crashes, traffic crash reports,

12  and rescue reports shall be provided by agencies of

13  local government, except when disclosure would

14  interfere with an active criminal investigation

15  conducted by the agency that is the recipient of the

16  request;

17  (v) disclose unique or specialized investigative

18  techniques other than those generally used and known

19  or disclose internal documents of correctional

20  agencies related to detection, observation, or

21  investigation of incidents of crime or misconduct, and

22  disclosure would result in demonstrable harm to the

23  agency or public body that is the recipient of the

24  request;

25  (vi) endanger the life or physical safety of law

26  enforcement personnel or any other person; or
    HB3363 Enrolled     - 20 - LRB104 10367 RLC 20442 b

1           (vii) obstruct an ongoing criminal investigation

2   by the agency that is the recipient of the request.

3   (d-5) A law enforcement record created for law

4   enforcement purposes and contained in a shared electronic

5   record management system if the law enforcement agency

6   that is the recipient of the request did not create the

7   record, did not participate in or have a role in any of the

8   events which are the subject of the record, and only has

9   access to the record through the shared electronic record

10  management system.

11  (d-6) Records contained in the Officer Professional

12  Conduct Database under Section 9.2 of the Illinois Police

13  Training Act, except to the extent authorized under that

14  Section. This includes the documents supplied to the

15  Illinois Law Enforcement Training Standards Board from the

16  Illinois State Police and Illinois State Police Merit

17  Board.

18  (d-7) Information gathered or records created from the

19  use of automatic license plate readers in connection with

20  Section 2-130 of the Illinois Vehicle Code.

21  (e) Records that relate to or affect the security of

22  correctional institutions and detention facilities.

23  (e-5) Records requested by persons committed to the

24  Department of Corrections, Department of Human Services

25  Division of Mental Health, or a county jail if those

26  materials are available in the library of the correctional
    HB3363 Enrolled           - 21 - LRB104 10367 RLC 20442 b

1   institution or facility or jail where the inmate is

2   confined.

3   (e-6) Records requested by persons committed to the

4   Department of Corrections, Department of Human Services

5   Division of Mental Health, or a county jail if those

6   materials include records from staff members' personnel

7   files, staff rosters, or other staffing assignment

8   information.

9   (e-7) Records requested by persons committed to the

10  Department of Corrections or Department of Human Services

11  Division of Mental Health if those materials are available

12  through an administrative request to the Department of

13  Corrections or Department of Human Services Division of

14  Mental Health.

15  (e-8) Records requested by a person committed to the

16  Department of Corrections, Department of Human Services

17  Division of Mental Health, or a county jail, the

18  disclosure of which would result in the risk of harm to any

19  person or the risk of an escape from a jail or correctional

20  institution or facility.

21  (e-9) Records requested by a person in a county jail

22  or committed to the Department of Corrections or

23  Department of Human Services Division of Mental Health,

24  containing personal information pertaining to the person's

25  victim or the victim's family, including, but not limited

26  to, a victim's home address, home telephone number, work
    HB3363 Enrolled  - 22 - LRB104 10367 RLC 20442 b

1   or school address, work telephone number, social security

2   number, or any other identifying information, except as

3   may be relevant to a requester's current or potential case

4   or claim.

5   (e-10) Law enforcement records of other persons

6   requested by a person committed to the Department of

7   Corrections, Department of Human Services Division of

8   Mental Health, or a county jail, including, but not

9   limited to, arrest and booking records, mug shots, and

10  crime scene photographs, except as these records may be

11  relevant to the requester's current or potential case or

12  claim.

13  (f) Preliminary drafts, notes, recommendations,

14  memoranda, and other records in which opinions are

15  expressed, or policies or actions are formulated, except

16  that a specific record or relevant portion of a record

17  shall not be exempt when the record is publicly cited and

18  identified by the head of the public body. The exemption

19  provided in this paragraph (f) extends to all those

20  records of officers and agencies of the General Assembly

21  that pertain to the preparation of legislative documents.

22  (g) Trade secrets and commercial or financial

23  information obtained from a person or business where the

24  trade secrets or commercial or financial information are

25  furnished under a claim that they are proprietary,

26  privileged, or confidential, and that disclosure of the
    HB3363 Enrolled  - 23 - LRB104 10367 RLC 20442 b

1   trade secrets or commercial or financial information would

2   cause competitive harm to the person or business, and only

3   insofar as the claim directly applies to the records

4   requested.

5   The information included under this exemption includes

6   all trade secrets and commercial or financial information

7   obtained by a public body, including a public pension

8   fund, from a private equity fund or a privately held

9   company within the investment portfolio of a private

10  equity fund as a result of either investing or evaluating

11  a potential investment of public funds in a private equity

12  fund. The exemption contained in this item does not apply

13  to the aggregate financial performance information of a

14  private equity fund, nor to the identity of the fund's

15  managers or general partners. The exemption contained in

16  this item does not apply to the identity of a privately

17  held company within the investment portfolio of a private

18  equity fund, unless the disclosure of the identity of a

19  privately held company may cause competitive harm.

20  Nothing contained in this paragraph (g) shall be

21  construed to prevent a person or business from consenting

22  to disclosure.

23  (h) Proposals and bids for any contract, grant, or

24  agreement, including information which if it were

25  disclosed would frustrate procurement or give an advantage

26  to any person proposing to enter into a contractor
    HB3363 Enrolled       - 24 - LRB104 10367 RLC 20442 b

1   agreement with the body, until an award or final selection

2   is made. Information prepared by or for the body in

3   preparation of a bid solicitation shall be exempt until an

4   award or final selection is made.

5   (i) Valuable formulae, computer geographic systems,

6   designs, drawings, and research data obtained or produced

7   by any public body when disclosure could reasonably be

8   expected to produce private gain or public loss. The

9   exemption for "computer geographic systems" provided in

10  this paragraph (i) does not extend to requests made by

11  news media as defined in Section 2 of this Act when the

12  requested information is not otherwise exempt and the only

13  purpose of the request is to access and disseminate

14  information regarding the health, safety, welfare, or

15  legal rights of the general public.

16  (j) The following information pertaining to

17  educational matters:

18  (i) test questions, scoring keys, and other

19  examination data used to administer an academic

20  examination;

21  (ii) information received by a primary or

22  secondary school, college, or university under its

23  procedures for the evaluation of faculty members by

24  their academic peers;

25  (iii) information concerning a school or

26  university's adjudication of student disciplinary
    HB3363 Enrolled      - 25 - LRB104 10367 RLC 20442 b

1   cases, but only to the extent that disclosure would

2   unavoidably reveal the identity of the student; and

3   (iv) course materials or research materials used

4   by faculty members.

5   (k) Architects' plans, engineers' technical

6   submissions, and other construction related technical

7   documents for projects not constructed or developed in

8   whole or in part with public funds and the same for

9   projects constructed or developed with public funds,

10  including, but not limited to, power generating and

11  distribution stations and other transmission and

12  distribution facilities, water treatment facilities,

13  airport facilities, sport stadiums, convention centers,

14  and all government owned, operated, or occupied buildings,

15  but only to the extent that disclosure would compromise

16  security.

17  (l) Minutes of meetings of public bodies closed to the

18  public as provided in the Open Meetings Act until the

19  public body makes the minutes available to the public

20  under Section 2.06 of the Open Meetings Act.

21  (m) Communications between a public body and an

22  attorney or auditor representing the public body that

23  would not be subject to discovery in litigation, and

24  materials prepared or compiled by or for a public body in

25  anticipation of a criminal, civil, or administrative

26  proceeding upon the request of an attorney advising the
    HB3363 Enrolled  - 26 - LRB104 10367 RLC 20442 b

1   public body, and materials prepared or compiled with

2   respect to internal audits of public bodies.

3   (n) Records relating to a public body's adjudication

4   of employee grievances or disciplinary cases; however,

5   this exemption shall not extend to the final outcome of

6   cases in which discipline is imposed.

7   (o) Administrative or technical information associated

8   with automated data processing operations, including, but

9   not limited to, software, operating protocols, computer

10  program abstracts, file layouts, source listings, object

11  modules, load modules, user guides, documentation

12  pertaining to all logical and physical design of

13  computerized systems, employee manuals, and any other

14  information that, if disclosed, would jeopardize the

15  security of the system or its data or the security of

16  materials exempt under this Section.

17  (p) Records relating to collective negotiating matters

18  between public bodies and their employees or

19  representatives, except that any final contract or

20  agreement shall be subject to inspection and copying.

21  (q) Test questions, scoring keys, and other

22  examination data used to determine the qualifications of

23  an applicant for a license or employment.

24  (r) The records, documents, and information relating

25  to real estate purchase negotiations until those

26  negotiations have been completed or otherwise terminated.
    HB3363 Enrolled      - 27 - LRB104 10367 RLC 20442 b

1   With regard to a parcel involved in a pending or actually

2   and reasonably contemplated eminent domain proceeding

3   under the Eminent Domain Act, records, documents, and

4   information relating to that parcel shall be exempt except

5   as may be allowed under discovery rules adopted by the

6   Illinois Supreme Court. The records, documents, and

7   information relating to a real estate sale shall be exempt

8   until a sale is consummated.

9   (s) Any and all proprietary information and records

10  related to the operation of an intergovernmental risk

11  management association or self-insurance pool or jointly

12  self-administered health and accident cooperative or pool.

13  Insurance        or  self-insurance  (including         any

14  intergovernmental risk management association or

15  self-insurance pool) claims, loss or risk management

16  information, records, data, advice, or communications.

17  (t) Information contained in or related to

18  examination, operating, or condition reports prepared by,

19  on behalf of, or for the use of a public body responsible

20  for the regulation or supervision of financial

21  institutions, insurance companies, or pharmacy benefit

22  managers, unless disclosure is otherwise required by State

23  law.

24  (u) Information that would disclose or might lead to

25  the disclosure of secret or confidential information,

26  codes, algorithms, programs, or private keys intended to
    HB3363 Enrolled         - 28 - LRB104 10367 RLC 20442 b

1   be used to create electronic signatures under the Uniform

2   Electronic Transactions Act.

3   (v) Vulnerability assessments, security measures, and

4   response policies or plans that are designed to identify,

5   prevent, or respond to potential attacks upon a

6   community's population or systems, facilities, or

7   installations, but only to the extent that disclosure

8   could reasonably be expected to expose the vulnerability

9   or jeopardize the effectiveness of the measures, policies,

10  or plans, or the safety of the personnel who implement

11  them or the public. Information exempt under this item may

12  include such things as details pertaining to the

13  mobilization or deployment of personnel or equipment, to

14  the operation of communication systems or protocols, to

15  cybersecurity vulnerabilities, or to tactical operations.

16  (w) (Blank).

17  (x) Maps and other records regarding the location or

18  security of generation, transmission, distribution,

19  storage, gathering, treatment, or switching facilities

20  owned by a utility, by a power generator, or by the

21  Illinois Power Agency.

22  (y) Information contained in or related to proposals,

23  bids, or negotiations related to electric power

24  procurement under Section 1-75 of the Illinois Power

25  Agency Act and Section 16-111.5 of the Public Utilities

26  Act that is determined to be confidential and proprietary
    HB3363 Enrolled  - 29 - LRB104 10367 RLC 20442 b

1   by the Illinois Power Agency or by the Illinois Commerce

2   Commission.

3   (z) Information about students exempted from

4   disclosure under Section 10-20.38 or 34-18.29 of the

5   School Code, and information about undergraduate students

6   enrolled at an institution of higher education exempted

7   from disclosure under Section 25 of the Illinois Credit

8   Card Marketing Act of 2009.

9   (aa) Information the disclosure of which is exempted

10  under the Viatical Settlements Act of 2009.

11  (bb) Records and information provided to a mortality

12  review team and records maintained by a mortality review

13  team appointed under the Department of Juvenile Justice

14  Mortality Review Team Act.

15  (cc) Information regarding interments, entombments, or

16  inurnments of human remains that are submitted to the

17  Cemetery Oversight Database under the Cemetery Care Act or

18  the Cemetery Oversight Act, whichever is applicable.

19  (dd) Correspondence and records (i) that may not be

20  disclosed under Section 11-9 of the Illinois Public Aid

21  Code or (ii) that pertain to appeals under Section 11-8 of

22  the Illinois Public Aid Code.

23  (ee) The names, addresses, or other personal

24  information of persons who are minors and are also

25  participants and registrants in programs of park

26  districts, forest preserve districts, conservation
    HB3363 Enrolled  - 30 - LRB104 10367 RLC 20442 b

1   districts, recreation agencies, and special recreation

2   associations.

3   (ff) The names, addresses, or other personal

4   information of participants and registrants in programs of

5   park districts, forest preserve districts, conservation

6   districts, recreation agencies, and special recreation

7   associations where such programs are targeted primarily to

8   minors.

9   (gg) Confidential information described in Section

10  1-100 of the Illinois Independent Tax Tribunal Act of

11  2012.

12  (hh) The report submitted to the State Board of

13  Education by the School Security and Standards Task Force

14  under item (8) of subsection (d) of Section 2-3.160 of the

15  School Code and any information contained in that report.

16  (ii) Records requested by persons committed to or

17  detained by the Department of Human Services under the

18  Sexually Violent Persons Commitment Act or committed to

19  the Department of Corrections under the Sexually Dangerous

20  Persons Act if those materials: (i) are available in the

21  library of the facility where the individual is confined;

22  (ii) include records from staff members' personnel files,

23  staff rosters, or other staffing assignment information;

24  or (iii) are available through an administrative request

25  to the Department of Human Services or the Department of

26  Corrections.
    HB3363 Enrolled  - 31 - LRB104 10367 RLC 20442 b

1   (jj) Confidential information described in Section

2   5-535 of the Civil Administrative Code of Illinois.

3   (kk) The public body's credit card numbers, debit card

4   numbers, bank account numbers, Federal Employer

5   Identification Number, security code numbers, passwords,

6   and similar account information, the disclosure of which

7   could result in identity theft or impression or defrauding

8   of a governmental entity or a person.

9   (ll) Records concerning the work of the threat

10  assessment team of a school district, including, but not

11  limited to, any threat assessment procedure under the

12  School Safety Drill Act and any information contained in

13  the procedure.

14  (mm) Information prohibited from being disclosed under

15  subsections (a) and (b) of Section 15 of the Student

16  Confidential Reporting Act.

17  (nn) Proprietary information submitted to the

18  Environmental Protection Agency under the Drug Take-Back

19  Act.

20  (oo) Records described in subsection (f) of Section

21  3-5-1 of the Unified Code of Corrections.

22  (pp) Any and all information regarding burials,

23  interments, or entombments of human remains as required to

24  be reported to the Department of Natural Resources

25  pursuant either to the Archaeological and Paleontological

26  Resources Protection Act or the Human Remains Protection
    HB3363 Enrolled  - 32 - LRB104 10367 RLC 20442 b

1   Act.

2   (qq) Reports described in subsection (e) of Section

3   16-15 of the Abortion Care Clinical Training Program Act.

4   (rr) Information obtained by a certified local health

5   department under the Access to Public Health Data Act.

6   (ss) For a request directed to a public body that is

7   also a HIPAA-covered entity, all information that is

8   protected health information, including demographic

9   information, that may be contained within or extracted

10  from any record held by the public body in compliance with

11  State and federal medical privacy laws and regulations,

12  including, but not limited to, the Health Insurance

13  Portability and Accountability Act and its regulations, 45

14  CFR Parts 160 and 164. As used in this paragraph,

15  "HIPAA-covered entity" has the meaning given to the term

16  "covered entity" in 45 CFR 160.103 and "protected health

17  information" has the meaning given to that term in 45 CFR

18  160.103.

19  (tt) Proposals or bids submitted by engineering

20  consultants in response to requests for proposal or other

21  competitive bidding requests by the Department of

22  Transportation or the Illinois Toll Highway Authority.

23  (1.5) Any information exempt from disclosure under the

24 Judicial Privacy Act shall be redacted from public records

25 prior to disclosure under this Act.

26  (2) A public record that is not in the possession of a
    HB3363 Enrolled          - 33 - LRB104 10367 RLC 20442 b

1 public body but is in the possession of a party with whom the

2 agency has contracted to perform a governmental function on

3 behalf of the public body, and that directly relates to the

4 governmental function and is not otherwise exempt under this

5 Act, shall be considered a public record of the public body,

6 for purposes of this Act.

7   (3) This Section does not authorize withholding of

8 information or limit the availability of records to the

9 public, except as stated in this Section or otherwise provided

10 in this Act.

11 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;

12 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.

13 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

14 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;

15 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.

16 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,

17 eff. 7-1-24; 103-865, eff. 1-1-25.)

18  Section 95. The Illinois Criminal Justice Information Act

19 is amended by adding Section 16 as follows:

20  (20 ILCS 3930/16 new)

21  Sec. 16. Public defense performance metrics, data

22 collection, analysis and public reporting.

23  (a) The State Public Defender Commission shall identify

24 and implement a system of performance metrics to assess the
    HB3363 Enrolled  - 34 - LRB104 10367 RLC 20442 b

1 provision of indigent defense services in this State relative

2 to the standards established by the Commission under Section

3 45 of the State Public Defender Act and national standards and

4 benchmarks to ensure the State of Illinois complies with its

5 obligations under the Sixth Amendment of the United States

6 Constitution.

7   (b) The Commission has the authority and the duty to:

8        (1) establish procedures for the mandatory collection

9   of data concerning the operation of the Office of the

10  State Public Defender, the Commission, each indigent

11  criminal defense system, and the overall operation of

12  indigent criminal defense services in the State, including

13  provision of resources to facilitate integration of State

14  data collection with existing county and State-based data

15  reporting and case management systems and requirements;

16  and

17       (2) collect and receive from any department, division,

18  board, bureau, commission or other agency of the State, or

19  any political subdivision of the State or any public

20  authority, including but not limited to agencies of the

21  judicial branch, information and data including but not

22  limited to:

23       (A) the types of and numbers of matters in which

24       public defense services have been provided on an

25       annual basis in categories to be determined by the

26       Commission and in alignment with existing circuit
    HB3363 Enrolled     - 35 - LRB104 10367 RLC 20442 b

1   court data guidelines established by the

2   Administrative Office of the Illinois Courts;

3   (B) for each public defender agency and State's

4   Attorney's office:

5                    (i) the number of administrators, attorneys,

6   and other staff who work at each agency, including

7   whether they are full-time or part-time and

8   whether they are employed or contracted; and the

9   salaries and other compensation paid to individual

10  administrators, attorneys and staff;

11                   (ii) the funds and in-kind resources spent on

12  an annual basis for expert witnesses,

13  investigators, and other litigation costs;

14                   (iii) the funds and in-kind resources spent on

15  an annual basis for office space, technology,

16  equipment and other fixed expenses;

17                   (iv) the total numbers of matters, by

18  category, opened, disposed, and pending within

19  each annual period for each attorney and for the

20  agency in total;

21  (C) the criteria and procedures used to determine

22  whether a person is eligible to receive public

23  defender services, the number of persons considered

24  for and applicants denied such services, the reasons

25  for the denials, and the results of any review of such

26  denials; and
    HB3363 Enrolled  - 36 - LRB104 10367 RLC 20442 b

1   (D) the standards and criteria used by each county

2   to determine whether individual attorneys are

3   qualified to provide indigent legal services, and how

4   those standards and criteria compare to those set by

5   the State Public Defender Commission.

6   (c) The Commission shall analyze and evaluate the

7 collected data, and undertake any necessary research and

8 studies, in order to consider and recommend measures to

9 enhance the provision of indigent legal services relative to

10 the standards established by the Commission under the State

11 Public Defender Act and national standards and benchmarks.

12  (d) The Commission shall provide a written report on the

13 performance metrics to the Governor, General Assembly, and

14 Illinois Supreme Court, no later than December 15 of each year

15 commencing in the calendar year following the effective date

16 of this amendatory Act of the 104th General Assembly. The

17 Commission shall publish the report on its website.

18  Section 100. The Counties Code is amended by changing

19 Sections 3-4000, 3-4000.1, 3-4001, 3-4002, 3-4003, 3-4004,

20 3-4004.1, 3-4004.2, 3-4005, 3-4007, 3-4008.1, 3-4009,

21 3-4010.1, and 3-4014 as follows:

22  (55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000)

23  Sec. 3-4000. Legislative declaration. The General Assembly

24 recognizes that quality legal representation in criminal,
    HB3363 Enrolled              - 37 - LRB104 10367 RLC 20442 b

 1 juvenile court proceedings and related matters is a
 2 proceedings is a fundamental fundamental constitutional right
 3 of the people of the State of Illinois and that there should be
 4 no distinction in the availability of quality legal
 5 representation based upon a person's ability inability to pay.
 6 Therefore, it is the intent of the General Assembly to provide
 7 for an effective county public defense system defender systems
 8 throughout the State and encourage the active and substantial
 9 participation of the private bar in the representation of
10 accused people indigent defendants.
11 (Source: P.A. 87-111.)

12  (55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1)

13  Sec. 3-4000.1. Definitions. In this Division, except when

14 a particular context clearly requires a different meaning, the

15 following definitions apply:

16  "Board" means the county board of commissioners.

17  "President" means the president, speaker, or chair of the

18 county board.

19  "Chief County Public Defender" means a county chief public

20 defender appointed to the office of public defender in one or

21 more counties under Section 3-4001, 3-4002, or 3-4003.

22  "State Public Defender" has the meaning ascribed to it in

23 Section 10 of the State Public Defender Act.

24 (Source: P.A. 87-111.)
    HB3363 Enrolled        - 38 - LRB104 10367 RLC 20442 b

1   (55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)

2   Sec. 3-4001. Chief County Public Defender defender in

3 counties over 35,000. In each county of this State containing

4 35,000 or more inhabitants there is created the Office office

5 of Public Defender and the person to be appointed to such

6 office shall be known as the Chief County Public Defender. No

7 person shall be eligible to or hold such office unless he is

8 duly licensed as an attorney and counsellor-at-law in this

9 State.

10 (Source: P.A. 86-962.)

11  (55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)

12  Sec. 3-4002. Chief County Public Defender defender in

13 counties of less than 35,000. In each county of this State

14 containing less than 35,000 inhabitants, the county board may,

15 by resolution, create the Office office of Public Defender and

16 the person appointed to such office shall be known as the Chief

17 County Public Defender. No person shall be eligible to or hold

18 such office unless he or she is duly licensed as an attorney at

19 law in this State.

20 (Source: P.A. 86-962.)

21  (55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)

22  Sec. 3-4003. Chief County Public Defender defender in

23 adjoining counties adjoining counties. Any 2 or more adjoining

24 counties of this State that are within the same judicial
    HB3363 Enrolled  - 39 - LRB104 10367 RLC 20442 b

1 circuit, may, by joint resolution of the several county boards
2 involved, create a common Office office of Public Defender for
3 the counties so joined or allow representation in one county
4 by the public defender appointed in the collaborating county.
5 The person appointed to the Office such office shall be known
6 as the Chief County Public Defender. No person shall be
7 eligible to or hold the Office such office unless he or she is
8 duly licensed as an attorney at law in this State.
9 (Source: P.A. 86-962.)

10  (55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)

11  Sec. 3-4004. Appointment of Chief County Public Defender

12 in counties under 3,000,000 1,000,000. When a vacancy occurs

13 in the position of Chief County Public Defender in a county

14 with a population under 3,000,000, the Chief Judge of the

15 Circuit Court in which the county is located, or counties if

16 the Chief Public Defender serves in 2 or more counties, shall

17 notify the State Public Defender. The State Public Defender

18 shall convene and co-chair a Local Nominating Committee

19 composed of between 4 and 6 members. The second co-chair of the

20 committee shall be the Chief Judge or a Circuit Judge serving

21 as their designee. The State Public Defender and the Circuit

22 Judges shall each appoint one-half of the other committee

23 members, who shall be familiar with the practice of public

24 defense in the relevant county and judicial circuit, including

25 criminal defense or representation of clients under the
HB3363 Enrolled  - 40 - LRB104 10367 RLC 20442 b

 1 Juvenile Court Act of 1987, or both. Membership shall be
 2 diverse, include a variety of public defense stakeholders, and
 3 be free from interests that would pose a conflict with the
 4 effective operation of the public defender office. Members may
 5 include, but are not limited to, representatives from legal
 6 professional associations, law schools, the public defense
 7 community, the private defense bar, the judiciary, county
 8 government, community organizations, and former public
 9 defender clients and their family members. No person shall be
10 appointed to the Committee who, within the 2 years prior to
11 appointment, has received compensation to be a prosecutor or
12 law enforcement official, or who has served as an employee of
13 such a person. The Local Nominating Committee shall recommend
14 one or more candidates to the State Public Defender
15 Commission, whose members shall then appoint a properly
16 qualified Chief County Public Defender from the candidate or
17 candidates submitted. Whenever a vacancy occurs in the office,
18 it shall be filled in the same manner, As soon as may be after
19 this Division becomes applicable to a county with a population
20 under 1,000,000, the judges of the Circuit Court of the
21 circuit in which the county is located shall, by a majority
22 vote of the entire number of those judges, appoint to the
23 office of Public Defender a properly qualified person, who
24 shall hold office, his death or resignation not intervening,
25 at the pleasure of the judges competent to appoint. Whenever a
26 vacancy occurs in the office it shall be filled in the same
    HB3363 Enrolled        - 41 - LRB104 10367 RLC 20442 b

1 manner, and the person appointed to fill the vacancy shall
2 begin a new 10-year term have the same tenure of office.
3 (Source: P.A. 86-962; 87-111.)

4   (55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)

5   Sec. 3-4004.1. Appointment of Chief County Public Defender

6 in counties over 3,000,000 1,000,000. When a vacancy occurs in

7 the position of Chief County Public Defender in a county with a

8 population over 3,000,000 Whenever a vacancy shall occur in

9 the position of Public Defender in counties over 1,000,000, a

10 properly qualified person shall be appointed to the position

11 by the President with the advice and consent of the Board.

12 (Source: P.A. 87-111.)

13  (55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)

14  Sec. 3-4004.2. Qualifications of Chief County Public

15 Defender and terms of employment. In in counties with an

16 appointed Chief County Public Defender, over 1,000,000. In

17 counties with a population over 1,000,000, the following

18 qualifications and terms of employment shall apply:

19  (a) The Chief County Public Defender shall be The

20  president shall select as Public Defender only a person

21  with the following qualifications: an attorney whose

22  practice of law has clearly demonstrated experience in the

23  representation of persons accused of crime; who has been

24  licensed to practice law in this State or in another state
    HB3363 Enrolled       - 42 - LRB104 10367 RLC 20442 b

1   for at least 5 years; who has had administrative

2   experience; and who is dedicated to the goals of providing

3   high quality representation for eligible persons and to

4   improving the quality of defense services generally.

5   (b) The Chief County Public Defender shall devote full

6   time to the duties of the public defender system and shall

7   not otherwise engage in the practice of law.

8   (c) In counties over 3,000,000, the Chief County The

9   Public Defender once approved by the Board shall serve for

10  6 years and may be removed by the President only for good

11  cause or dereliction of duty after notice and a hearing

12  before the Board. The effective date of this amendatory

13  Act of 1991 shall be deemed the commencement of the term of

14  the current public defender.

15  (c-5) In counties under 3,000,000, once approved, the

16  Chief County Public Defender shall serve for 10 years and

17  may be removed only for good cause or dereliction of duty

18  after notice and a hearing before the State Public

19  Defender Commission.

20  (d) (Blank). The Public Defender's compensation shall

21  be set at a level that is commensurate with his

22  qualifications and experience and professionally

23  appropriate with the responsibility of the position. The

24  Public Defender's compensation shall be comparable with

25  that paid to circuit court judges, but in no event shall be

26  more than that of the State's Attorney of the county.
    HB3363 Enrolled        - 43 - LRB104 10367 RLC 20442 b

1   (e) At the expiration of a term, the Chief County

2   Public Defender may be reappointed to one or more

3   subsequent terms.

4   (f) Terms and qualifications apply to Chief County

5   Public Defenders appointed after the effective date of

6   this amendatory Act of the 104th General Assembly. Removal

7   only for cause or dereliction of duty applies to all Chief

8   County Public Defenders serving on the effective date of

9   this amendatory Act of the 104th General Assembly.

10 (Source: P.A. 87-111.)

11  (55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)

12  Sec. 3-4005. Oath of office. The person appointed as Chief

13 County Public Defender, before entering on the duties of his

14 office, shall take and subscribe an oath of office in writing

15 before one of the judges qualified to administer it competent

16 to appoint, which oath shall be filed in the office of the

17 County Clerk.

18 (Source: P.A. 86-962.)

19  (55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)

20  Sec. 3-4007. Compensation.

21  (a) The Chief County Public Defender public defender shall

22 be paid out of the county treasury, and, subject to

23 appropriation, shall be paid by the Department of Revenue out

24 of the Personal Property Tax Replacement Fund or the General
    HB3363 Enrolled  - 44 - LRB104 10367 RLC 20442 b

1 Revenue Fund as provided in subsection (b), as the sole

2 compensation for his or her services a salary in an amount

3 fixed by the County Board. When a Public Defender in a county

4 of 30,000 or more population is receiving not less than 90% of

5 the compensation of the State's Attorney of such county, that

6 Public Defender shall not engage in the private practice of

7 law.

8   (b) The State must pay 66 2/3% of the public defender's

9 annual salary. If the Chief County Public Defender public

10 defender is employed full-time in that capacity, his or her

11 salary must be at least 95% 90% of that county's State's

12 Attorney's attorney's annual compensation and will be eligible

13 for the same amount of State reimbursement as that county's

14 State's Attorney under Section 4-2001. State funding for

15 assistant public defenders must be at least equal to that for

16 Assistant State's Attorneys, including supplements for

17 counties housing certain State institutions as described in

18 Section 4-2001. Subject to appropriation, these amounts

19 furnished by the State shall be payable monthly by the

20 Department of Revenue out of the Personal Property Tax

21 Replacement Fund or the General Revenue Fund to the county in

22 which each Chief County Public Defender is employed.

23  (c) In cases where 2 or more adjoining counties have

24 joined to form a common office of Public Defender or otherwise

25 collaborate under Section 3-4003, the salary of the Chief

26 County Public Defender shall be set and paid as provided by a
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1 joint resolution of the various county boards involved and the
2 counties shall be entitled to the same State reimbursements
3 described in subsection (b).
4 (Source: P.A. 97-72, eff. 7-1-11.)

5   (55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)

6   Sec. 3-4008.1. Assistant public defenders Assistants in

7 counties over 1,000,000. The Chief County Public Defender in

8 counties with a population over 1,000,000 shall appoint

9 assistants, all duly licensed practitioners, as that Chief

10 County Public Defender shall deem necessary for the proper

11 discharge of the duties of the office, who shall serve at the

12 pleasure of the Chief County Public Defender. The Chief County

13 Public Defender shall also, in like manner, appoint clerks and

14 other employees necessary for the transaction of the business

15 of the office. The compensation of and the appropriate number

16 of assistants, clerks, and employees shall be fixed by the

17 County Board and paid out of the county treasury.

18 (Source: P.A. 87-111.)

19  (55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009)

20  Sec. 3-4009. Office quarters; expenses. The County Boards

21 Board shall provide suitable office quarters for the use of

22 the Chief County Public Defender and other public defender

23 office employees, and shall pay out of the county treasury for

24 necessary office, travel and other expenses incurred in the
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 1 defense of cases, including, but not limited to, social
 2 workers, investigators, expert witnesses, mitigators, and
 3 administrative staff. In counties of less than 500,000
 4 population, such payment shall be made after the circuit court
 5 of the county approves such expenses as being necessary and
 6 proper. In cases where 2 or more adjoining counties have
 7 joined to form a common office of Public Defender or otherwise
 8 collaborate under Section 3-4003, the expenses incurred under
 9 this Section shall be paid as provided for in a joint
10 resolution of the various county boards involved.
11 (Source: P.A. 86-962.)

12  (55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)

13  Sec. 3-4010.1. Records; reports in counties over

14 1,000,000. The Chief County Public Defender public defender in

15 counties with a population over 35,000 1,000,000 shall keep a

16 record of the services rendered by the office of the public

17 defender him and prepare and file quarterly with the president

18 and Commission a written report of those services. If 2 or more

19 adjoining counties have joined to form a common Office of

20 public defender or otherwise collaborate under Section 3-4003,

21 the Chief County Public Defender so appointed shall file his

22 or her quarterly report with each of the several county boards

23 involved.

24 (Source: P.A. 87-111.)
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1   (55 ILCS 5/3-4014)

2   Sec. 3-4014. Public Defender Fund.

3   (a) (Blank).

4   (b) The Public Defender Fund is created as a special fund

5 in the State treasury. All money in the Public Defender Fund

6 shall be used, subject to appropriation, by the State Public

7 Defender Illinois Supreme Court to provide funding to counties

8 with a population of 3,000,000 or less for use by public

9 defenders for and public defender services and related

10 expenses pursuant to this Section 3-4014.

11 (Source: P.A. 102-1104, eff. 12-6-22; 103-8, eff. 7-1-23.)

12  Section 105. The Public and Appellate Defender Immunity

13 Act is amended by changing Section 5 as follows:

14  (745 ILCS 19/5)

15  Sec. 5. Immunity. No state or county public defender,

16 assistant state or county public defender, appellate defender,

17 or assistant appellate defender, acting within the scope of

18 his or her employment or contract, nor any person or entity

19 employing, supervising, assisting, or contracting for the

20 services of a state or county public defender, assistant state

21 or county public defender, appellate defender, or assistant

22 appellate defender, is liable for any damages in tort,

23 contract, or otherwise, in which the plaintiff seeks damages

24 by reason of legal or professional malpractice, except for
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1 willful and wanton misconduct.
2 (Source: P.A. 91-877, eff. 6-30-00.)

3  (55 ILCS 5/3-4008 rep.)

4  (55 ILCS 5/3-4010 rep.)

5  (55 ILCS 5/3-4011 rep.)

6  (55 ILCS 5/3-4013 rep.)

7  Section 110. The Counties Code is amended by repealing

8 Sections 3-4008, 3-4010, 3-4011, and 3-4013.

9  Section 999. Effective date. This Act takes effect January

10 1, 2027, except Section 40 and this Section take effect July 1,

11 2026.
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