103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1654
 
Introduced 2/8/2023, by Sen. Laura Ellman
 
SYNOPSIS AS INTRODUCED:
 

 
  
55 ILCS 5/3-4015 new
725 ILCS 105/2  from Ch. 38, par. 208-2
725 ILCS 105/4.1 new

     Amends the State Appellate Defender Act.  Creates the Illinois Public Defense Board within the Office of the State Appellate Defender. Provides that the Board shall be composed of 9 members. Provides that 8 of the members shall be appointed by the Governor, with the advice and consent of the Senate, and one of the members shall be the State Appellate Defender and shall serve as chairperson of the Board. Provides that the Board members shall serve terms of 4 years and may be reappointed by the Governor.  Provides that the Governor may remove a member of the Board for incompetence, neglect of
duty, or malfeasance in office.  Provides that the Board shall appoint an Executive Director to oversee the operations of all public defenders in the State. Provides that, subject to appropriation, the Executive Director shall hire permanent staff to carry out the Board's duties. Provides that the Board shall: (1) oversee trial level indigent defense services throughout the 102 counties of the State; (2) establish uniform standards for the conduct of indigent defense services throughout the State; and (3)  provide training and regional supervision of indigent defense services throughout the State.  Amends the Counties Code to make a conforming change.
  


LRB103 28078 DTM 54457 b

 
 
A BILL FOR
 

  
SB1654LRB103 28078 DTM 54457 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Counties Code is amended by adding Section 
53-4015 as follows:
 
6    (55 ILCS 5/3-4015 new)
7    Sec. 3-4015. Subject to the Illinois Public Defense Board. 
8This Division 3-4 is subject to the provisions of Section 4.1 
9of the State Appellate Defender Act.
 
10    Section 10. The State Appellate Defender Act is amended  by 
11adding Sections 2 and  4.1 as follows:
 



12    (725 ILCS 105/2)  (from Ch. 38, par. 208-2)



13    Sec. 2. Definitions. 

14    In this Act, unless the context clearly requires a 
15different meaning,
the following definitions apply:

16    "Board" means the Illinois Public Defense Board created in 
17Section 4.1. 
18    (1) "Commission" means the State Appellate Defender 
19Commission; and

20    (2) "State Appellate Defender", when used with reference 
21to
representation under this Act, includes Deputy Defender and 
 
 
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1Assistant
Appellate Defender.

2(Source: P.A. 77-2633.)

 
3    (725 ILCS 105/4.1 new)
4    Sec. 4.1. Illinois Public Defense Board.
5    (a)  The Illinois Public Defense Board is created within 
6the Office of the State Appellate Defender. The Board shall be 
7composed of 9 members, 8 of whom shall be appointed by the 
8Governor, with the advice and consent of the Senate, and one of 
9whom shall be the State Appellate Defender and shall serve as 
10chairperson of the Board. 
11    (b) The Board members shall serve terms of 4 years and may 
12be reappointed by the Governor.  The Governor may remove a 
13member of the Board for incompetence, neglect of
duty, or 
14malfeasance in office.
15    (c) Vacancies in the membership of the Board are filled in 
16the same manner as original appointments. Appointments to fill 
17vacancies occurring before the expiration of a term are for 
18the remainder of the unexpired term. 
19    (d)  A majority of the members of the Board shall 
20constitute a quorum to do business and the affirmative vote of 
21at least 5 members of the Board is necessary for a decision of 
22the Board. 
23    (e)  The Board may choose a vice-chair, secretary, and such 
24other officers as it deems necessary.  The Board shall meet at 
25least quarterly per year and upon call of the chairperson or at 
 
 
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1least 5 members of the Board. 
2    (f)  The Board shall appoint an Executive Director to 
3oversee the operations of all public defenders in this State. 
4Subject to appropriation, the Executive Director shall hire 
5permanent staff to carry out the Board's duties under this 
6Section.
7    (g) The Board shall:
8        (1) oversee trial-level indigent defense services 
9    throughout the 102 counties of this State;
10        (2) establish uniform standards for the conduct of 
11    indigent defense services throughout this State; and
12        (3)  provide training and regional supervision of 
13    indigent defense services throughout this State.