101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4598

 

Introduced 2/5/2020, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-4000.1  from Ch. 34, par. 3-4000.1
55 ILCS 5/3-4004  from Ch. 34, par. 3-4004
55 ILCS 5/3-4004.5 new

    Amends the Counties Code. Provides that, beginning on July 1, 2021, upon the expiration of each Public Defender's term of office in a county with under 1,000,000 population, the chairperson of the county board or the executive of a county board of commissioners shall, after receiving a recommendation or recommendations provided by an independent citizen's advisory council, appoint the Public Defender with the advice and consent of the county board. Provides for citizen advisory council membership and appointment requirements. Excludes appointments of the same Public Defender in adjoining counties. Makes conforming changes. Effective immediately.


LRB101 18087 AWJ 67526 b

 

 

A BILL FOR

 

HB4598LRB101 18087 AWJ 67526 b

1    AN ACT concerning local government.
 
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 changing
5Sections 3-4000.1 and 3-4004 and by adding Section 3-4004.5 as
6follows:
 
7    (55 ILCS 5/3-4000.1)  (from Ch. 34, par. 3-4000.1)
8    Sec. 3-4000.1. Definitions. In this Division, except when a
9particular context clearly requires a different meaning, the
10following definitions apply:
11    "Board" means the county board of commissioners.
12    "Executive" means the county executive.
13    "President" means the president of the county board.
14(Source: P.A. 87-111.)
 
15    (55 ILCS 5/3-4004)  (from Ch. 34, par. 3-4004)
16    Sec. 3-4004. Appointment of Public Defender in counties
17under 1,000,000 in adjoining counties. In As soon as may be
18after this Division becomes applicable to a county with a
19population under 1,000,000 that appoints a Public Defender
20under Section 3-4003, the judges of the Circuit Court of the
21circuit in which the county is located shall, by a majority
22vote of the entire number of those judges, appoint to the

 

 

HB4598- 2 -LRB101 18087 AWJ 67526 b

1office of Public Defender a properly qualified person, who
2shall hold office, his death or resignation not intervening, at
3the pleasure of the judges competent to appoint. Whenever a
4vacancy occurs in the office it shall be filled in the same
5manner, and the person appointed to fill the vacancy shall have
6the same tenure of office.
7(Source: P.A. 86-962; 87-111.)
 
8    (55 ILCS 5/3-4004.5 new)
9    Sec. 3-4004.5. Appointment of Public Defender in counties
10under 1,000,000. Beginning on July 1, 2021, upon the expiration
11of each Public Defender's term of office in a county with under
121,000,000 population, the chairperson of the county board or
13executive shall, after receiving a recommendation or
14recommendations provided by an independent citizen's advisory
15council, appoint the Public Defender with the advice and
16consent of the county board. The independent citizen's advisory
17council shall be composed of as many members as the county
18board deems appropriate. The chairperson or executive shall
19make appointments to the independent citizen's advisory
20council with the advice and consent of the county board.
21    This Section does not apply to appointments where two or
22more adjoining counties have joined to form a common office of
23Public Defender.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.