HB2418 102ND GENERAL ASSEMBLY

LRB102 13037 AWJ 18380 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2418

Introduced 2/17/2021, 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 each 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. Provides that the provisions do not apply to appointments where two or more adjoining counties have joined to form a common office of Public Defender. Makes conforming changes. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Sections 3-4000.1 and 3-4004 and by adding Section 3-4004.5 as follows:

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

Sec. 3-4000.1. Definitions. In this Division, except when a particular context clearly requires a different meaning, the following definitions apply:

"Board" means the county board of commissioners.

"Executive" means the county executive.

"President" means the president of the county board.

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

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

Sec. 3-4004. Appointment of Public Defender in counties under 1,000,000 in adjoining counties. In As soon as may be after this Division becomes applicable to a county with a population under 1,000,000 that appoints a Public Defender under Section 3-4003, the judges of the Circuit Court of the circuit in which the county is located shall, by a majority vote of the entire number of those judges, appoint to the office of Public Defender a properly qualified person, who shall hold office, his death or resignation not intervening, at the pleasure of the judges competent to appoint. Whenever a vacancy occurs in the office it shall be filled in the same manner, and the person appointed to fill the vacancy shall have the same tenure of office.

(Source: P.A. 86-962; 87-111.)

(55 ILCS 5/3-4004.5 new)

Sec. 3-4004.5. Appointment of Public Defender in counties under 1,000,000. Beginning on July 1, 2021, upon the expiration of each Public Defender's term of office in each county with under 1,000,000 population, the chairperson of the county board or executive 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. The independent citizen's advisory council shall be composed of as many members as the county board deems appropriate. The chairperson or executive shall make appointments to the independent citizen's advisory council with the advice and consent of the county board.

This Section does not apply to appointments where two or more adjoining counties have joined to form a common office of Public Defender.

Section 99. Effective date. This Act takes effect upon becoming law.