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HB3363 - 104th General Assembly
STATE PUBLIC DEFENDER
Last Action
House Sponsors
Rep. Dave Vella - Kevin John Olickal - Justin Slaughter - Lisa Davis, Lindsey LaPointe, Kelly M. Cassidy, Will Guzzardi, Eva-Dina Delgado, Angelica Guerrero-Cuellar, Jennifer Gong-Gershowitz, Dagmara Avelar, Daniel Didech, Katie Stuart, Rick Ryan, Tracy Katz Muhl, Martha Deuter, Margaret Croke, Janet Yang Rohr, Natalie A. Manley, Nabeela Syed, Marcus C. Evans, Jr., Norma Hernandez, Lilian Jiménez, Martin J. Moylan, Terra Costa Howard, Michael J. Kelly, Sonya M. Harper, Michael Crawford and Matt HansonSenate Sponsors
(Sen. Robert Peters - Bill Cunningham - Willie Preston, Cristina Castro, Laura Ellman, Adriane Johnson, Karina Villa, Mike Simmons, Robert F. Martwick, Mike Porfirio, Mary Edly-Allen, Javier L. Cervantes, Mark L. Walker, Paul Faraci, Lakesia Collins, Emil Jones, III and Graciela Guzmán)Statutes Amended In Order of Appearance
New Act
55 ILCS 5/3-4000from Ch. 34, par. 3-4000
55 ILCS 5/3-4000.1from Ch. 34, par. 3-4000.1
55 ILCS 5/3-4001from Ch. 34, par. 3-4001
55 ILCS 5/3-4002from Ch. 34, par. 3-4002
55 ILCS 5/3-4003from Ch. 34, par. 3-4003
55 ILCS 5/3-4004from Ch. 34, par. 3-4004
55 ILCS 5/3-4004.2from Ch. 34, par. 3-4004.2
55 ILCS 5/3-4005from Ch. 34, par. 3-4005
55 ILCS 5/3-4007from Ch. 34, par. 3-4007
55 ILCS 5/3-4008.1from Ch. 34, par. 3-4008.1
55 ILCS 5/3-4009from Ch. 34, par. 3-4009
55 ILCS 5/3-4010.1from Ch. 34, par. 3-4010.1
Synopsis As Introduced
Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.
House Floor Amendment No. 1
Adds reference to:
55 ILCS 5/3-4004.1from Ch. 34, par. 3-4004.1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. In the State Public Defender Act, provides that the State Public Defender may ensure access to a digital discovery storage management system, case management software, and legal research subscriptions for each public defender office, taking into consideration compatibility with existing county and State-based systems. Provides that the State Public Defender shall collaborate with other court stakeholders to advocate for adequate funding of court systems. Provides that within the first year of the initial State Public Defender's term, the State Public Defender shall initiate a survey to determine the number of employees and contractors providing public defense services in the state and the types and numbers of matters they are handling. Changes the process for the selection of the Chief County Public Defender. Establishes additional duties for the State Public Defender and the State Public Defender Commission. Makes other changes. Amends the Illinois Criminal Justice Information Act. Provides that the State Public Defender Commission shall identify and implement a system of performance metrics to assess the provision of indigent defense services in the State relative to the standards established by the Commission under the State Public Defender Act and national standards and benchmarks to ensure the State of Illinois complies with its obligations under the Sixth Amendment of the United States Constitution. Amends various other Acts to make conforming changes. Adds an immediate effective date to the bill.
Senate Committee Amendment No. 2
Adds reference to:
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Deletes provision that the initial State Public defender shall be nominated by the Illinois Public Defender Association and appointed for a 2-year term by a majority vote of the Supreme Court. Provides that the initial State Public Defender shall be appointed for a 2-year term by a majority vote of the Illinois Supreme Court. Deletes provision that the State Public Defender shall adopt rules, instructions, and orders, consistent with the State Public Defender Act to further define the organization of the Office of State Public Defender and the duties of employees of the Office of the State Public Defender. Provides that the State Public Defender may (rather than shall) appoint a deputy public defender for each regional office. Provides that the Office of the State Public Defender may (rather than shall) hire and train new State-employed personnel to carry out the Office's duties under the Act. Provides that the State Public Defender must be an attorney licensed to practice law in the State whose practice of law has clearly demonstrated experience in the representation of persons accused of crime; who has been licensed to practice law in this State or in another state for at least 5 years; who has had administrative experience; and who is dedicated to the goals of providing high quality representation for eligible persons and to improving the quality of defense services generally (rather than have criminal defense experience). In the amendatory changes to the Counties Code, makes changes to the appointment provisions concerning the Chief County Public Defender and to the State reimbursement for the compensation of the Chief County Public Defender and Assistant Public Defenders. Makes other technical changes. Effective immediately.
Senate Committee Amendment No. 3
Further amends the bill as amended by Senate Amendment No. 2. Provides that the first act of the State Public Defender Commission shall be to identify the operational costs and funding sources for establishing the Office of the State Public Defender. Makes technical changes to the bill as amended. Changes the effective date of the bill to January 1, 2027, except that the provisions creating the State Public Defender Commission take effect July 1, 2026.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/07/2025 | House | Filed with the Clerk by Rep. Dave Vella |
| 2/18/2025 | House | First Reading |
| 2/18/2025 | House | Referred to Rules Committee |
| 3/03/2025 | House | Added Chief Co-Sponsor Rep. Kevin John Olickal |
| 3/06/2025 | House | Added Co-Sponsor Rep. Lindsey LaPointe |
| 3/06/2025 | House | Added Co-Sponsor Rep. Kelly M. Cassidy |
| 3/11/2025 | House | Assigned to Judiciary - Criminal Committee |
| 3/18/2025 | House | Do Pass / Short Debate Judiciary - Criminal Committee; 010-005-000 |
| 3/19/2025 | House | Added Co-Sponsor Rep. Will Guzzardi |
| 3/19/2025 | House | Added Co-Sponsor Rep. Justin Slaughter |
| 3/19/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/19/2025 | House | Added Co-Sponsor Rep. Eva-Dina Delgado |
| 3/19/2025 | House | Added Co-Sponsor Rep. Angelica Guerrero-Cuellar |
| 3/19/2025 | House | Removed Co-Sponsor Rep. Justin Slaughter |
| 3/20/2025 | House | Added Co-Sponsor Rep. Lisa Davis |
| 3/20/2025 | House | Removed Co-Sponsor Rep. Lisa Davis |
| 3/24/2025 | House | Added Co-Sponsor Rep. Jennifer Gong-Gershowitz |
| 3/24/2025 | House | Added Co-Sponsor Rep. Dagmara Avelar |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/07/2025 | House | Added Co-Sponsor Rep. Daniel Didech |
| 4/07/2025 | House | Added Co-Sponsor Rep. Katie Stuart |
| 4/07/2025 | House | Added Co-Sponsor Rep. Rick Ryan |
| 4/07/2025 | House | Added Co-Sponsor Rep. Tracy Katz Muhl |
| 4/07/2025 | House | Added Co-Sponsor Rep. Martha Deuter |
| 4/07/2025 | House | Added Co-Sponsor Rep. Margaret Croke |
| 4/07/2025 | House | Added Co-Sponsor Rep. Janet Yang Rohr |
| 4/07/2025 | House | Added Co-Sponsor Rep. Natalie A. Manley |
| 4/07/2025 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Dave Vella |
| 4/07/2025 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 4/08/2025 | House | Added Co-Sponsor Rep. Nabeela Syed |
| 4/08/2025 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee |
| 4/08/2025 | House | Added Co-Sponsor Rep. Marcus C. Evans, Jr. |
| 4/08/2025 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 008-005-000 |
| 4/09/2025 | House | Added Chief Co-Sponsor Rep. Justin Slaughter |
| 4/09/2025 | House | Added Chief Co-Sponsor Rep. Lisa Davis |
| 4/09/2025 | House | Added Co-Sponsor Rep. Norma Hernandez |
| 4/09/2025 | House | Added Co-Sponsor Rep. Lilian Jiménez |
| 4/09/2025 | House | Added Co-Sponsor Rep. Martin J. Moylan |
| 4/09/2025 | House | House Floor Amendment No. 1 Adopted |
| 4/09/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/09/2025 | House | Third Reading - Short Debate - Passed 072-041-000 |
| 4/09/2025 | House | Added Co-Sponsor Rep. Terra Costa Howard |
| 4/09/2025 | House | Added Co-Sponsor Rep. Michael J. Kelly |
| 4/10/2025 | Senate | Arrive in Senate |
| 4/10/2025 | Senate | Placed on Calendar Order of First Reading |
| 4/10/2025 | Senate | Chief Senate Sponsor Sen. Robert Peters |
| 4/10/2025 | Senate | First Reading |
| 4/10/2025 | Senate | Referred to Assignments |
| 4/11/2025 | Senate | Added as Alternate Co-Sponsor Sen. Cristina Castro |
| 4/30/2025 | Senate | Added as Alternate Co-Sponsor Sen. Laura Ellman |
| 4/30/2025 | Senate | Added as Alternate Co-Sponsor Sen. Adriane Johnson |
| 5/01/2025 | Senate | Added as Alternate Co-Sponsor Sen. Karina Villa |
| 5/01/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mike Simmons |
| 5/06/2025 | Senate | Added as Alternate Co-Sponsor Sen. Robert F. Martwick |
| 5/08/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mike Porfirio |
| 5/08/2025 | Senate | Added as Alternate Chief Co-Sponsor Sen. Bill Cunningham |
| 5/13/2025 | Senate | Rule 2-10 Committee Deadline Established As May 23, 2025 |
| 5/13/2025 | Senate | Assigned to Executive |
| 5/13/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mary Edly-Allen |
| 5/13/2025 | Senate | Added as Alternate Co-Sponsor Sen. Javier L. Cervantes |
| 5/13/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters |
| 5/13/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 5/13/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mark L. Walker |
| 5/14/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Executive |
| 5/14/2025 | Senate | Added as Alternate Chief Co-Sponsor Sen. Willie Preston |
| 5/15/2025 | Senate | Added as Alternate Co-Sponsor Sen. Paul Faraci |
| 5/21/2025 | House | Added Co-Sponsor Rep. Sonya M. Harper |
| 5/21/2025 | Senate | Added as Alternate Co-Sponsor Sen. Lakesia Collins |
| 5/22/2025 | Senate | Added as Alternate Co-Sponsor Sen. Emil Jones, III |
| 5/23/2025 | Senate | Rule 2-10 Committee Deadline Established As June 1, 2025 |
| 5/27/2025 | Senate | Added as Alternate Co-Sponsor Sen. Graciela Guzmán |
| 5/27/2025 | House | Added Co-Sponsor Rep. Michael Crawford |
| 5/27/2025 | Senate | Senate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters |
| 5/27/2025 | Senate | Senate Committee Amendment No. 2 Referred to Assignments |
| 5/28/2025 | Senate | Senate Committee Amendment No. 2 Assignments Refers to Executive |
| 5/29/2025 | Senate | Senate Committee Amendment No. 3 Filed with Secretary by Sen. Robert Peters |
| 5/29/2025 | Senate | Senate Committee Amendment No. 3 Referred to Assignments |
| 5/29/2025 | Senate | Senate Committee Amendment No. 3 Assignments Refers to Executive |
| 5/29/2025 | Senate | Waive Posting Notice |
| 5/29/2025 | Senate | Rule 2-10 Third Reading/Passage Deadline Established As June 1, 2025 |
| 5/29/2025 | Senate | Senate Committee Amendment No. 2 Adopted |
| 5/29/2025 | Senate | Senate Committee Amendment No. 3 Adopted |
| 5/29/2025 | Senate | Do Pass as Amended Executive; 008-004-000 |
| 5/29/2025 | Senate | Placed on Calendar Order of 2nd Reading May 30, 2025 |
| 5/30/2025 | Senate | Second Reading |
| 5/30/2025 | Senate | Placed on Calendar Order of 3rd Reading May 31, 2025 |
| 5/31/2025 | Senate | Third Reading - Passed; 036-019-000 |
| 5/31/2025 | Senate | Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) |
| 5/31/2025 | House | Arrived in House |
| 5/31/2025 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 2, 3 |
| 5/31/2025 | House | Senate Committee Amendment No. 2 Motion Filed Concur Rep. Dave Vella |
| 5/31/2025 | House | Senate Committee Amendment No. 3 Motion Filed Concur Rep. Dave Vella |
| 5/31/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee |
| 5/31/2025 | House | Senate Committee Amendment No. 3 Motion to Concur Referred to Rules Committee |
| 5/31/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000 |
| 5/31/2025 | House | Senate Committee Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000 |
| 5/31/2025 | House | Added Co-Sponsor Rep. Matt Hanson |
| 5/31/2025 | House | Motion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Bob Morgan |
| 5/31/2025 | House | Motion Prevailed to Suspend Rule 073-039-000 |
| 5/31/2025 | House | Senate Committee Amendment No. 2 House Concurs 077-036-000 |
| 5/31/2025 | House | Senate Committee Amendment No. 3 House Concurs 077-036-000 |
| 5/31/2025 | House | House Concurs |
| 5/31/2025 | House | Passed Both Houses |
| 6/24/2025 | House | Sent to the Governor |
| 8/15/2025 | House | Governor Approved |
| 8/15/2025 | House | Effective Date July 1, 2026; some provisions |
| 8/15/2025 | House | Effective Date January 1, 2027; some provisions |
| 8/15/2025 | House | Public Act . . . . . . . . . 104-0300 |