| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
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 defender 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 | "Public defender" has the meaning ascribed to it in | |||||||||||||||||||
21 | Section 3-4000.1 of the Counties Code. | |||||||||||||||||||
22 | "State Public Defender" means the individual appointed as |
| |||||||
| |||||||
1 | State Public Defender under Section 30. | ||||||
2 | Section 15. Office of State Public Defender. The Office of | ||||||
3 | State Public Defender is hereby created as an agency of State | ||||||
4 | government and 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 shall be subject to the | ||||||
8 | Freedom of 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 | ||||||
20 | who are held in custody or who are charged with the commission | ||||||
21 | of any criminal offense before any court within any county, | ||||||
22 | and who the court finds are unable to afford counsel. The |
| |||||||
| |||||||
1 | Office of the State Public Defender shall be the attorney, | ||||||
2 | without fee, when so appointed by the court under the Juvenile | ||||||
3 | Court Act of 1987. | ||||||
4 | (b) The initial State Public Defender shall be nominated | ||||||
5 | by a nonprofit organization created by and composed of | ||||||
6 | Illinois' public defenders to advance public defense practice | ||||||
7 | and appointed for a 2-year term by a majority vote of the | ||||||
8 | Supreme Court. Each subsequent State Public Defender shall be | ||||||
9 | appointed for a 6-year term under Section 45. The State Public | ||||||
10 | Defender shall adopt rules, instructions, and orders | ||||||
11 | consistent with this Act, further defining the organization of | ||||||
12 | the Office of the State Public Defender and the duties of the | ||||||
13 | Office's employees. | ||||||
14 | (c) Before submitting a budget request to the General | ||||||
15 | Assembly, the State Public Defender shall submit the budget | ||||||
16 | request to the State Public Defender Commission for approval. | ||||||
17 | (d) The State Public Defender may: | ||||||
18 | (1) provide representation in counties located within | ||||||
19 | its regional offices in addition to appointed counsel and | ||||||
20 | county public defenders; | ||||||
21 | (2) provide county public defenders with the | ||||||
22 | assistance of attorneys, expert witnesses, investigators, | ||||||
23 | administrative staff, and social service staff; | ||||||
24 | (3) provide training to county public defenders; | ||||||
25 | (4) maintain a panel of private attorneys available to | ||||||
26 | serve as counsel on a case-by-case basis; |
| |||||||
| |||||||
1 | (5) establish programs, alone or in conjunction with | ||||||
2 | law schools, for the purpose of using law students as | ||||||
3 | legal assistants; and | ||||||
4 | (6) cooperate and consult with State and county | ||||||
5 | agencies, professional associations, and other groups | ||||||
6 | concerning the causes of criminal conduct, the | ||||||
7 | rehabilitation and support of persons charged with and | ||||||
8 | convicted of crime, the administration of criminal | ||||||
9 | justice, and the administration of juvenile delinquency | ||||||
10 | and dependency matters. | ||||||
11 | (e) The State Public Defender shall establish a | ||||||
12 | recruitment and retention plan to ensure a skilled and diverse | ||||||
13 | workforce is available to serve clients in every part of the | ||||||
14 | State. | ||||||
15 | (f) The State Public Defender shall establish and | ||||||
16 | supervise training programs for the State Public Defender's | ||||||
17 | employees. | ||||||
18 | (g) The State Public Defender shall adopt rules, | ||||||
19 | instructions, and orders, consistent with this Act to further | ||||||
20 | define the organization of the Office of State Public Defender | ||||||
21 | and the duties of employees of the Office of the State Public | ||||||
22 | Defender. | ||||||
23 | (h) The State Public Defender shall maintain a website to | ||||||
24 | provide the public with information about the Office of State | ||||||
25 | Public Defender and its organization, information on how to | ||||||
26 | join the Client Community Advisory Board, information for |
| |||||||
| |||||||
1 | people seeking employment in public defense, supplementary | ||||||
2 | statistics and reports of public interest, reports to the | ||||||
3 | Commission and State agencies, and agendas, minutes, and | ||||||
4 | documents for Commission meetings. | ||||||
5 | (i) The requirement for reporting to the General Assembly | ||||||
6 | shall be satisfied by filing copies of the report as required | ||||||
7 | by Section 3.1 of the General Assembly Organization Act and | ||||||
8 | filing such additional copies with the State Government Report | ||||||
9 | Distribution Center for the General Assembly as is required | ||||||
10 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
11 | (j) All required reports shall be simultaneously | ||||||
12 | transmitted to the Supreme Court and to the Governor. | ||||||
13 | Section 35. Office of State Public Defender organization. | ||||||
14 | (a) During the initial State Public Defender's 2-year | ||||||
15 | term, the State Public Defender shall establish a Public | ||||||
16 | Defender Advisory Board, composed of attorneys providing | ||||||
17 | public defense services in this State, including public | ||||||
18 | defenders, which shall meet regularly to advise the Office of | ||||||
19 | the State Public Defender regarding legal practice issues and | ||||||
20 | resource needs around the State and establishing workload, | ||||||
21 | staffing, and salary standards for the provision of public | ||||||
22 | defense throughout the State. | ||||||
23 | (b) During the initial State Public Defender's term, the | ||||||
24 | State Public Defender shall collaborate with the Public | ||||||
25 | Defender Advisory Board to determine which judicial circuits |
| |||||||
| |||||||
1 | or geographic regions require State public defenders and how | ||||||
2 | many public defenders and staff are required to supplement | ||||||
3 | existing public defenders, staff, and appointed counsel for | ||||||
4 | the State in order to comply with the State's legal and ethical | ||||||
5 | obligations. | ||||||
6 | (c) During the initial State Public Defender's term, the | ||||||
7 | State Public Defender shall establish a Client Community | ||||||
8 | Advisory Board, composed of former clients and impacted | ||||||
9 | community members, which shall meet regularly to advise the | ||||||
10 | Office of the State Public Defender regarding client legal | ||||||
11 | issues and needs around the State. | ||||||
12 | (d) During the initial State Public Defender's term, the | ||||||
13 | State Public Defender shall collaborate with the Public | ||||||
14 | Defender Advisory Board to devise an application and selection | ||||||
15 | process for whenever there is an open public defender | ||||||
16 | position. | ||||||
17 | (e) During the initial State Public Defender's term, the | ||||||
18 | State Public Defender shall establish a working group to | ||||||
19 | assess the availability of public defender representation and | ||||||
20 | adequacy of resources in proceedings under Article II of the | ||||||
21 | Juvenile Court Act. The working group members shall include | ||||||
22 | current public defenders, non-public defenders that provide | ||||||
23 | legal representation to parents/respondents, and nonprofit | ||||||
24 | advocates with expertise in parent legal representation and | ||||||
25 | shall meet regularly to advise the Office of the State Public | ||||||
26 | Defender regarding client legal issues and needs around the |
| |||||||
| |||||||
1 | State. | ||||||
2 | (f) During the initial State Public Defender's term, the | ||||||
3 | State Public Defender shall establish a procedure for | ||||||
4 | distributions from the Public Defender Fund described under | ||||||
5 | Section 3-4014 of the Counties Code. | ||||||
6 | (1) The purpose of the Public Defender Fund is to | ||||||
7 | supplement, not displace, county-level public defender | ||||||
8 | offices' budgets and to aid county public defenders in | ||||||
9 | providing effective assistance of counsel to their | ||||||
10 | clients. | ||||||
11 | (2) State support, funding, and services provided to | ||||||
12 | any county public defender office shall neither affect nor | ||||||
13 | be offset by any reduction in existing or projected public | ||||||
14 | defender office budgets. | ||||||
15 | (3) Appropriate uses of funds include, but are not | ||||||
16 | limited to: | ||||||
17 | (A) hiring investigators, social workers, or | ||||||
18 | mental health clinicians; | ||||||
19 | (B) increasing compensation for attorney and | ||||||
20 | non-attorney employees; | ||||||
21 | (C) funding expert witnesses; and | ||||||
22 | (D) training attorney and non-attorney employees. | ||||||
23 | (4) Requests by countries for financial support from | ||||||
24 | the Public Defender Fund shall originate solely from the | ||||||
25 | chief public defender of any jurisdiction and shall be | ||||||
26 | submitted directly to the Office of the State Public |
| |||||||
| |||||||
1 | Defender. Financial support shall be paid to the county in | ||||||
2 | which the requesting chief public defender practices, and | ||||||
3 | the county treasurer shall cause that entire amount to be | ||||||
4 | placed in the operating budget of the public defender for | ||||||
5 | immediate use. | ||||||
6 | (5) County public defender offices shall provide the | ||||||
7 | Office of State Public Defender with a report including a | ||||||
8 | detailed accounting of the provided funds and an | ||||||
9 | evaluation of the impact of the provided funds within a | ||||||
10 | reasonable time frame established by the Office of State | ||||||
11 | Public Defender. | ||||||
12 | (g) Following the planning phase described in subsections | ||||||
13 | (a) through (f), the State Public Defender may establish | ||||||
14 | regional offices. The State Public Defender shall appoint a | ||||||
15 | deputy defender for each regional office who shall serve as | ||||||
16 | the administrator of that office. Each deputy defender must be | ||||||
17 | an attorney licensed to practice law in this State. Deputy | ||||||
18 | public defenders shall serve at the pleasure of the State | ||||||
19 | Public Defender. | ||||||
20 | (h) The Office of the State Public Defender shall hire and | ||||||
21 | train new State-employed personnel to carry out the Office's | ||||||
22 | duties under this Act, including, but not limited to, | ||||||
23 | attorneys licensed to practice law in this State, and | ||||||
24 | administrative, investigative, and social services employees. | ||||||
25 | Nothing in this Act shall be construed to invalidate, | ||||||
26 | diminish, or otherwise interfere with any collective |
| |||||||
| |||||||
1 | bargaining agreement or representation rights under the | ||||||
2 | Illinois Public Labor Relations Act, if applicable. | ||||||
3 | (i) Deputy defenders shall employ, with the approval of | ||||||
4 | the State Public Defender, assistant public defenders, | ||||||
5 | investigators, social services staff, administrative staff, | ||||||
6 | and other employees under their direct supervision, as | ||||||
7 | described in subsection (h) of this Section. | ||||||
8 | (j) Attorneys employed by the Office of the State Public | ||||||
9 | Defender shall devote full time to their duties, except as | ||||||
10 | provided in Section 50, and may not engage in the private | ||||||
11 | practice of law. | ||||||
12 | Section 40. State Public Defender Commission. | ||||||
13 | (a) The State Public Defender Commission is hereby created | ||||||
14 | as an independent body within the judicial branch. The | ||||||
15 | Commission shall be composed of 11 members, appointed as | ||||||
16 | follows: | ||||||
17 | (1) Two members appointed by the Governor from a panel | ||||||
18 | of 5 persons nominated by a nonprofit organization created | ||||||
19 | by and composed of Illinois' public defenders to advance | ||||||
20 | public defense practice; | ||||||
21 | (2) Two members appointed by the Supreme Court from a | ||||||
22 | panel of 5 persons nominated by an organization of | ||||||
23 | Illinois chief public defenders; | ||||||
24 | (3) One member appointed by the Supreme Court from a | ||||||
25 | panel of 3 criminal defense lawyers nominated by a |
| |||||||
| |||||||
1 | voluntary association of lawyers which aims to assist | ||||||
2 | Illinois lawyers in the practice of law and to promote the | ||||||
3 | advancement of justice; | ||||||
4 | (4) one member appointed by the Speaker of the House | ||||||
5 | of Representatives; | ||||||
6 | (5) one member appointed by the Minority Leader of the | ||||||
7 | House of Representatives; | ||||||
8 | (6) one member appointed by the President of the | ||||||
9 | Senate; | ||||||
10 | (7) one member appointed by the Minority Leader of the | ||||||
11 | Senate; | ||||||
12 | (8) one member appointed by the Governor representing | ||||||
13 | community-based organizations that support the success of | ||||||
14 | people impacted by the criminal or juvenile delinquency | ||||||
15 | and dependency legal systems; and | ||||||
16 | (9) one member appointed by the Governor representing | ||||||
17 | organizations advocating for civil rights or criminal or | ||||||
18 | juvenile delinquency or dependency legal system reform. | ||||||
19 | All appointments shall be filed with the Secretary of | ||||||
20 | State by the appointing authority. The terms of the original | ||||||
21 | members shall be as follows: 5 members shall be appointed to | ||||||
22 | 2-year terms and until a successor is appointed and qualified | ||||||
23 | and 6 members shall be appointed to 4-year terms and until a | ||||||
24 | successor is appointed and qualified. Thereafter, all members | ||||||
25 | shall be appointed to 4-year terms and until a successor is | ||||||
26 | appointed and qualified. The chairperson, at the first meeting |
| |||||||
| |||||||
1 | of the Commission, shall conduct a drawing by lot to determine | ||||||
2 | whether each original member shall be appointed to a 2-year or | ||||||
3 | 4-year term. | ||||||
4 | (b) Persons appointed to the Commission shall have | ||||||
5 | significant experience in the defense of indigent clients in | ||||||
6 | criminal or juvenile proceedings or shall have demonstrated a | ||||||
7 | strong commitment to quality representation in indigent | ||||||
8 | defense matters. No person shall be appointed to the | ||||||
9 | Commission who, within the 2 years prior to appointment, has | ||||||
10 | received compensation to be a judge, elected official, | ||||||
11 | judicial officer, prosecutor, or law enforcement official, or | ||||||
12 | who has served as an employee of such a person. | ||||||
13 | (c) No member may serve more than 2 full 4-year terms. | ||||||
14 | Vacancies in the membership of the Commission are to be filled | ||||||
15 | in the same manner as original appointments. A vacancy shall | ||||||
16 | be declared upon any member missing 3 or more meetings in a row | ||||||
17 | unless the chairperson finds there was good cause for the | ||||||
18 | absences. Appointments to fill vacancies occurring before the | ||||||
19 | expiration of a term are for the remainder of the unexpired | ||||||
20 | term. | ||||||
21 | (d) Members of the Commission shall elect from the | ||||||
22 | membership of the Commission a chairperson, vice-chairperson, | ||||||
23 | and secretary. No officer may serve more than one full 4-year | ||||||
24 | term as an officer. The Commission shall meet quarterly. The | ||||||
25 | chairperson shall determine the time and place of meetings. | ||||||
26 | Additional meetings may be held upon petition to the |
| |||||||
| |||||||
1 | chairperson by 7 or more members of the Commission or upon the | ||||||
2 | call of the chairperson after 7 days written notice to the | ||||||
3 | members. | ||||||
4 | (e) The Commission shall approve the Office of State | ||||||
5 | Public Defender distribution of the Public Defender Fund under | ||||||
6 | Section 3-4014 of the Counties Code. | ||||||
7 | (f) Members of the Commission may receive a stipend upon | ||||||
8 | demonstrated need, based on a decision of the chairperson. | ||||||
9 | Members of the Commission shall receive reimbursement for | ||||||
10 | actual expenses incurred in the performance of the member's | ||||||
11 | duties. | ||||||
12 | (g) Six members of the Commission constitute a quorum. | ||||||
13 | (h) Records and proceedings of the Commission shall be | ||||||
14 | subject to the Open Meetings Act and Freedom of Information | ||||||
15 | Act. | ||||||
16 | Section 45. Powers and Duties of the State Public Defender | ||||||
17 | Commission. | ||||||
18 | (a) After the term of the initial State Public Defender | ||||||
19 | concludes, the Commission, by a vote of a majority of the | ||||||
20 | members of the Commission, shall appoint a State Public | ||||||
21 | Defender for a 6-year term and until the State Public | ||||||
22 | Defender's successor is appointed and qualified. The State | ||||||
23 | Public Defender must be an attorney licensed to practice law | ||||||
24 | in this State and must have criminal defense experience. The | ||||||
25 | State Public Defender shall devote full time to the duties of |
| |||||||
| |||||||
1 | the Office of State Public Defender and may not engage in the | ||||||
2 | private practice of law. | ||||||
3 | (b) The State Public Defender shall draft, and the | ||||||
4 | Commission shall approve and publish, standards for | ||||||
5 | trial-level public defense in the State, including | ||||||
6 | identification of workload standards and ratios of attorney to | ||||||
7 | non-attorney staff, such as investigators, mitigators, social | ||||||
8 | workers, and administrative support staff. | ||||||
9 | (c) The Commission shall approve or modify an operational | ||||||
10 | budget and the Public Defender Fund expenditures submitted to | ||||||
11 | the Commission by the State Public Defender. | ||||||
12 | (d) The Commission may remove the State Public Defender | ||||||
13 | only for cause and after a hearing. The Commission may hold | ||||||
14 | such a hearing on the Commission's own motion and may adopt | ||||||
15 | rules establishing other procedures for the hearing. | ||||||
16 | (e) The State Public Defender shall submit reports to the | ||||||
17 | Commission on the operation of the Office of State Public | ||||||
18 | Defender at each quarterly meeting. The State Public Defender | ||||||
19 | shall submit a comprehensive report to the Commission at the | ||||||
20 | end of each fiscal year. The Commission may require the State | ||||||
21 | Public Defender to submit additional or amended reports on any | ||||||
22 | aspect of the operation of the Office of State Public | ||||||
23 | Defender. | ||||||
24 | Section 50. Shared position. For purposes of this Section, | ||||||
25 | "shared position" means a position in which individuals share |
| |||||||
| |||||||
1 | the salary and employee benefits. For purposes of seniority, | ||||||
2 | each individual shall receive credit at a rate equal to the | ||||||
3 | percentage of time employed in a shared position. Attorneys | ||||||
4 | sharing a position may not engage in the private practice of | ||||||
5 | law. | ||||||
6 | Section 80. The Freedom of Information Act is amended by | ||||||
7 | changing Section 7 as follows: | ||||||
8 | (5 ILCS 140/7) | ||||||
9 | Sec. 7. Exemptions. | ||||||
10 | (1) When a request is made to inspect or copy a public | ||||||
11 | record that contains information that is exempt from | ||||||
12 | disclosure under this Section, but also contains information | ||||||
13 | that is not exempt from disclosure, the public body may elect | ||||||
14 | to redact the information that is exempt. The public body | ||||||
15 | shall make the remaining information available for inspection | ||||||
16 | and copying. Subject to this requirement, the following shall | ||||||
17 | be exempt from inspection and copying: | ||||||
18 | (a) Records created or compiled by a State public | ||||||
19 | defender agency or commission subject to this Act that | ||||||
20 | contain: individual client identity; individual case file | ||||||
21 | information; records that are otherwise subject to | ||||||
22 | attorney-client privilege; records that would not be | ||||||
23 | discoverable in litigation; records under Section 2.15; | ||||||
24 | training materials; records related to attorney |
| |||||||
| |||||||
1 | consultation and representation strategy; or any of the | ||||||
2 | above concerning clients of county public defenders or | ||||||
3 | other defender agencies and firms. This exclusion does not | ||||||
4 | apply to de-identified, aggregated, administrative | ||||||
5 | records, such as general case processing and workload | ||||||
6 | information. | ||||||
7 | (a-5) (a) Information specifically prohibited from | ||||||
8 | disclosure by federal or State law or rules and | ||||||
9 | regulations implementing federal or State law. | ||||||
10 | (b) Private information, unless disclosure is required | ||||||
11 | by another provision of this Act, a State or federal law, | ||||||
12 | or a court order. | ||||||
13 | (b-5) Files, documents, and other data or databases | ||||||
14 | maintained by one or more law enforcement agencies and | ||||||
15 | specifically designed to provide information to one or | ||||||
16 | more law enforcement agencies regarding the physical or | ||||||
17 | mental status of one or more individual subjects. | ||||||
18 | (c) Personal information contained within public | ||||||
19 | records, the disclosure of which would constitute a | ||||||
20 | clearly unwarranted invasion of personal privacy, unless | ||||||
21 | the disclosure is consented to in writing by the | ||||||
22 | individual subjects of the information. "Unwarranted | ||||||
23 | invasion of personal privacy" means the disclosure of | ||||||
24 | information that is highly personal or objectionable to a | ||||||
25 | reasonable person and in which the subject's right to | ||||||
26 | privacy outweighs any legitimate public interest in |
| |||||||
| |||||||
1 | obtaining the information. The disclosure of information | ||||||
2 | that bears on the public duties of public employees and | ||||||
3 | officials shall not be considered an invasion of personal | ||||||
4 | privacy. | ||||||
5 | (d) Records in the possession of any public body | ||||||
6 | created in the course of administrative enforcement | ||||||
7 | proceedings, and any law enforcement or correctional | ||||||
8 | agency for law enforcement purposes, but only to the | ||||||
9 | extent that disclosure would: | ||||||
10 | (i) interfere with pending or actually and | ||||||
11 | reasonably contemplated law enforcement proceedings | ||||||
12 | conducted by any law enforcement or correctional | ||||||
13 | agency that is the recipient of the request; | ||||||
14 | (ii) interfere with active administrative | ||||||
15 | enforcement proceedings conducted by the public body | ||||||
16 | that is the recipient of the request; | ||||||
17 | (iii) create a substantial likelihood that a | ||||||
18 | person will be deprived of a fair trial or an impartial | ||||||
19 | hearing; | ||||||
20 | (iv) unavoidably disclose the identity of a | ||||||
21 | confidential source, confidential information | ||||||
22 | furnished only by the confidential source, or persons | ||||||
23 | who file complaints with or provide information to | ||||||
24 | administrative, investigative, law enforcement, or | ||||||
25 | penal agencies; except that the identities of | ||||||
26 | witnesses to traffic crashes, traffic crash reports, |
| |||||||
| |||||||
1 | and rescue reports shall be provided by agencies of | ||||||
2 | local government, except when disclosure would | ||||||
3 | interfere with an active criminal investigation | ||||||
4 | conducted by the agency that is the recipient of the | ||||||
5 | request; | ||||||
6 | (v) disclose unique or specialized investigative | ||||||
7 | techniques other than those generally used and known | ||||||
8 | or disclose internal documents of correctional | ||||||
9 | agencies related to detection, observation, or | ||||||
10 | investigation of incidents of crime or misconduct, and | ||||||
11 | disclosure would result in demonstrable harm to the | ||||||
12 | agency or public body that is the recipient of the | ||||||
13 | request; | ||||||
14 | (vi) endanger the life or physical safety of law | ||||||
15 | enforcement personnel or any other person; or | ||||||
16 | (vii) obstruct an ongoing criminal investigation | ||||||
17 | by the agency that is the recipient of the request. | ||||||
18 | (d-5) A law enforcement record created for law | ||||||
19 | enforcement purposes and contained in a shared electronic | ||||||
20 | record management system if the law enforcement agency | ||||||
21 | that is the recipient of the request did not create the | ||||||
22 | record, did not participate in or have a role in any of the | ||||||
23 | events which are the subject of the record, and only has | ||||||
24 | access to the record through the shared electronic record | ||||||
25 | management system. | ||||||
26 | (d-6) Records contained in the Officer Professional |
| |||||||
| |||||||
1 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
2 | Training Act, except to the extent authorized under that | ||||||
3 | Section. This includes the documents supplied to the | ||||||
4 | Illinois Law Enforcement Training Standards Board from the | ||||||
5 | Illinois State Police and Illinois State Police Merit | ||||||
6 | Board. | ||||||
7 | (d-7) Information gathered or records created from the | ||||||
8 | use of automatic license plate readers in connection with | ||||||
9 | Section 2-130 of the Illinois Vehicle Code. | ||||||
10 | (e) Records that relate to or affect the security of | ||||||
11 | correctional institutions and detention facilities. | ||||||
12 | (e-5) Records requested by persons committed to the | ||||||
13 | Department of Corrections, Department of Human Services | ||||||
14 | Division of Mental Health, or a county jail if those | ||||||
15 | materials are available in the library of the correctional | ||||||
16 | institution or facility or jail where the inmate is | ||||||
17 | confined. | ||||||
18 | (e-6) Records requested by persons committed to the | ||||||
19 | Department of Corrections, Department of Human Services | ||||||
20 | Division of Mental Health, or a county jail if those | ||||||
21 | materials include records from staff members' personnel | ||||||
22 | files, staff rosters, or other staffing assignment | ||||||
23 | information. | ||||||
24 | (e-7) Records requested by persons committed to the | ||||||
25 | Department of Corrections or Department of Human Services | ||||||
26 | Division of Mental Health if those materials are available |
| |||||||
| |||||||
1 | through an administrative request to the Department of | ||||||
2 | Corrections or Department of Human Services Division of | ||||||
3 | Mental Health. | ||||||
4 | (e-8) Records requested by a person committed to the | ||||||
5 | Department of Corrections, Department of Human Services | ||||||
6 | Division of Mental Health, or a county jail, the | ||||||
7 | disclosure of which would result in the risk of harm to any | ||||||
8 | person or the risk of an escape from a jail or correctional | ||||||
9 | institution or facility. | ||||||
10 | (e-9) Records requested by a person in a county jail | ||||||
11 | or committed to the Department of Corrections or | ||||||
12 | Department of Human Services Division of Mental Health, | ||||||
13 | containing personal information pertaining to the person's | ||||||
14 | victim or the victim's family, including, but not limited | ||||||
15 | to, a victim's home address, home telephone number, work | ||||||
16 | or school address, work telephone number, social security | ||||||
17 | number, or any other identifying information, except as | ||||||
18 | may be relevant to a requester's current or potential case | ||||||
19 | or claim. | ||||||
20 | (e-10) Law enforcement records of other persons | ||||||
21 | requested by a person committed to the Department of | ||||||
22 | Corrections, Department of Human Services Division of | ||||||
23 | Mental Health, or a county jail, including, but not | ||||||
24 | limited to, arrest and booking records, mug shots, and | ||||||
25 | crime scene photographs, except as these records may be | ||||||
26 | relevant to the requester's current or potential case or |
| |||||||
| |||||||
1 | claim. | ||||||
2 | (f) Preliminary drafts, notes, recommendations, | ||||||
3 | memoranda, and other records in which opinions are | ||||||
4 | expressed, or policies or actions are formulated, except | ||||||
5 | that a specific record or relevant portion of a record | ||||||
6 | shall not be exempt when the record is publicly cited and | ||||||
7 | identified by the head of the public body. The exemption | ||||||
8 | provided in this paragraph (f) extends to all those | ||||||
9 | records of officers and agencies of the General Assembly | ||||||
10 | that pertain to the preparation of legislative documents. | ||||||
11 | (g) Trade secrets and commercial or financial | ||||||
12 | information obtained from a person or business where the | ||||||
13 | trade secrets or commercial or financial information are | ||||||
14 | furnished under a claim that they are proprietary, | ||||||
15 | privileged, or confidential, and that disclosure of the | ||||||
16 | trade secrets or commercial or financial information would | ||||||
17 | cause competitive harm to the person or business, and only | ||||||
18 | insofar as the claim directly applies to the records | ||||||
19 | requested. | ||||||
20 | The information included under this exemption includes | ||||||
21 | all trade secrets and commercial or financial information | ||||||
22 | obtained by a public body, including a public pension | ||||||
23 | fund, from a private equity fund or a privately held | ||||||
24 | company within the investment portfolio of a private | ||||||
25 | equity fund as a result of either investing or evaluating | ||||||
26 | a potential investment of public funds in a private equity |
| |||||||
| |||||||
1 | fund. The exemption contained in this item does not apply | ||||||
2 | to the aggregate financial performance information of a | ||||||
3 | private equity fund, nor to the identity of the fund's | ||||||
4 | managers or general partners. The exemption contained in | ||||||
5 | this item does not apply to the identity of a privately | ||||||
6 | held company within the investment portfolio of a private | ||||||
7 | equity fund, unless the disclosure of the identity of a | ||||||
8 | privately held company may cause competitive harm. | ||||||
9 | Nothing contained in this paragraph (g) shall be | ||||||
10 | construed to prevent a person or business from consenting | ||||||
11 | to disclosure. | ||||||
12 | (h) Proposals and bids for any contract, grant, or | ||||||
13 | agreement, including information which if it were | ||||||
14 | disclosed would frustrate procurement or give an advantage | ||||||
15 | to any person proposing to enter into a contractor | ||||||
16 | agreement with the body, until an award or final selection | ||||||
17 | is made. Information prepared by or for the body in | ||||||
18 | preparation of a bid solicitation shall be exempt until an | ||||||
19 | award or final selection is made. | ||||||
20 | (i) Valuable formulae, computer geographic systems, | ||||||
21 | designs, drawings, and research data obtained or produced | ||||||
22 | by any public body when disclosure could reasonably be | ||||||
23 | expected to produce private gain or public loss. The | ||||||
24 | exemption for "computer geographic systems" provided in | ||||||
25 | this paragraph (i) does not extend to requests made by | ||||||
26 | news media as defined in Section 2 of this Act when the |
| |||||||
| |||||||
1 | requested information is not otherwise exempt and the only | ||||||
2 | purpose of the request is to access and disseminate | ||||||
3 | information regarding the health, safety, welfare, or | ||||||
4 | legal rights of the general public. | ||||||
5 | (j) The following information pertaining to | ||||||
6 | educational matters: | ||||||
7 | (i) test questions, scoring keys, and other | ||||||
8 | examination data used to administer an academic | ||||||
9 | examination; | ||||||
10 | (ii) information received by a primary or | ||||||
11 | secondary school, college, or university under its | ||||||
12 | procedures for the evaluation of faculty members by | ||||||
13 | their academic peers; | ||||||
14 | (iii) information concerning a school or | ||||||
15 | university's adjudication of student disciplinary | ||||||
16 | cases, but only to the extent that disclosure would | ||||||
17 | unavoidably reveal the identity of the student; and | ||||||
18 | (iv) course materials or research materials used | ||||||
19 | by faculty members. | ||||||
20 | (k) Architects' plans, engineers' technical | ||||||
21 | submissions, and other construction related technical | ||||||
22 | documents for projects not constructed or developed in | ||||||
23 | whole or in part with public funds and the same for | ||||||
24 | projects constructed or developed with public funds, | ||||||
25 | including, but not limited to, power generating and | ||||||
26 | distribution stations and other transmission and |
| |||||||
| |||||||
1 | distribution facilities, water treatment facilities, | ||||||
2 | airport facilities, sport stadiums, convention centers, | ||||||
3 | and all government owned, operated, or occupied buildings, | ||||||
4 | but only to the extent that disclosure would compromise | ||||||
5 | security. | ||||||
6 | (l) Minutes of meetings of public bodies closed to the | ||||||
7 | public as provided in the Open Meetings Act until the | ||||||
8 | public body makes the minutes available to the public | ||||||
9 | under Section 2.06 of the Open Meetings Act. | ||||||
10 | (m) Communications between a public body and an | ||||||
11 | attorney or auditor representing the public body that | ||||||
12 | would not be subject to discovery in litigation, and | ||||||
13 | materials prepared or compiled by or for a public body in | ||||||
14 | anticipation of a criminal, civil, or administrative | ||||||
15 | proceeding upon the request of an attorney advising the | ||||||
16 | public body, and materials prepared or compiled with | ||||||
17 | respect to internal audits of public bodies. | ||||||
18 | (n) Records relating to a public body's adjudication | ||||||
19 | of employee grievances or disciplinary cases; however, | ||||||
20 | this exemption shall not extend to the final outcome of | ||||||
21 | cases in which discipline is imposed. | ||||||
22 | (o) Administrative or technical information associated | ||||||
23 | with automated data processing operations, including, but | ||||||
24 | not limited to, software, operating protocols, computer | ||||||
25 | program abstracts, file layouts, source listings, object | ||||||
26 | modules, load modules, user guides, documentation |
| |||||||
| |||||||
1 | pertaining to all logical and physical design of | ||||||
2 | computerized systems, employee manuals, and any other | ||||||
3 | information that, if disclosed, would jeopardize the | ||||||
4 | security of the system or its data or the security of | ||||||
5 | materials exempt under this Section. | ||||||
6 | (p) Records relating to collective negotiating matters | ||||||
7 | between public bodies and their employees or | ||||||
8 | representatives, except that any final contract or | ||||||
9 | agreement shall be subject to inspection and copying. | ||||||
10 | (q) Test questions, scoring keys, and other | ||||||
11 | examination data used to determine the qualifications of | ||||||
12 | an applicant for a license or employment. | ||||||
13 | (r) The records, documents, and information relating | ||||||
14 | to real estate purchase negotiations until those | ||||||
15 | negotiations have been completed or otherwise terminated. | ||||||
16 | With regard to a parcel involved in a pending or actually | ||||||
17 | and reasonably contemplated eminent domain proceeding | ||||||
18 | under the Eminent Domain Act, records, documents, and | ||||||
19 | information relating to that parcel shall be exempt except | ||||||
20 | as may be allowed under discovery rules adopted by the | ||||||
21 | Illinois Supreme Court. The records, documents, and | ||||||
22 | information relating to a real estate sale shall be exempt | ||||||
23 | until a sale is consummated. | ||||||
24 | (s) Any and all proprietary information and records | ||||||
25 | related to the operation of an intergovernmental risk | ||||||
26 | management association or self-insurance pool or jointly |
| |||||||
| |||||||
1 | self-administered health and accident cooperative or pool. | ||||||
2 | Insurance or self-insurance (including any | ||||||
3 | intergovernmental risk management association or | ||||||
4 | self-insurance pool) claims, loss or risk management | ||||||
5 | information, records, data, advice, or communications. | ||||||
6 | (t) Information contained in or related to | ||||||
7 | examination, operating, or condition reports prepared by, | ||||||
8 | on behalf of, or for the use of a public body responsible | ||||||
9 | for the regulation or supervision of financial | ||||||
10 | institutions, insurance companies, or pharmacy benefit | ||||||
11 | managers, unless disclosure is otherwise required by State | ||||||
12 | law. | ||||||
13 | (u) Information that would disclose or might lead to | ||||||
14 | the disclosure of secret or confidential information, | ||||||
15 | codes, algorithms, programs, or private keys intended to | ||||||
16 | be used to create electronic signatures under the Uniform | ||||||
17 | Electronic Transactions Act. | ||||||
18 | (v) Vulnerability assessments, security measures, and | ||||||
19 | response policies or plans that are designed to identify, | ||||||
20 | prevent, or respond to potential attacks upon a | ||||||
21 | community's population or systems, facilities, or | ||||||
22 | installations, but only to the extent that disclosure | ||||||
23 | could reasonably be expected to expose the vulnerability | ||||||
24 | or jeopardize the effectiveness of the measures, policies, | ||||||
25 | or plans, or the safety of the personnel who implement | ||||||
26 | them or the public. Information exempt under this item may |
| |||||||
| |||||||
1 | include such things as details pertaining to the | ||||||
2 | mobilization or deployment of personnel or equipment, to | ||||||
3 | the operation of communication systems or protocols, to | ||||||
4 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
5 | (w) (Blank). | ||||||
6 | (x) Maps and other records regarding the location or | ||||||
7 | security of generation, transmission, distribution, | ||||||
8 | storage, gathering, treatment, or switching facilities | ||||||
9 | owned by a utility, by a power generator, or by the | ||||||
10 | Illinois Power Agency. | ||||||
11 | (y) Information contained in or related to proposals, | ||||||
12 | bids, or negotiations related to electric power | ||||||
13 | procurement under Section 1-75 of the Illinois Power | ||||||
14 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
15 | Act that is determined to be confidential and proprietary | ||||||
16 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
17 | Commission. | ||||||
18 | (z) Information about students exempted from | ||||||
19 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
20 | School Code, and information about undergraduate students | ||||||
21 | enrolled at an institution of higher education exempted | ||||||
22 | from disclosure under Section 25 of the Illinois Credit | ||||||
23 | Card Marketing Act of 2009. | ||||||
24 | (aa) Information the disclosure of which is exempted | ||||||
25 | under the Viatical Settlements Act of 2009. | ||||||
26 | (bb) Records and information provided to a mortality |
| |||||||
| |||||||
1 | review team and records maintained by a mortality review | ||||||
2 | team appointed under the Department of Juvenile Justice | ||||||
3 | Mortality Review Team Act. | ||||||
4 | (cc) Information regarding interments, entombments, or | ||||||
5 | inurnments of human remains that are submitted to the | ||||||
6 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
7 | the Cemetery Oversight Act, whichever is applicable. | ||||||
8 | (dd) Correspondence and records (i) that may not be | ||||||
9 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
10 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
11 | the Illinois Public Aid Code. | ||||||
12 | (ee) The names, addresses, or other personal | ||||||
13 | information of persons who are minors and are also | ||||||
14 | participants and registrants in programs of park | ||||||
15 | districts, forest preserve districts, conservation | ||||||
16 | districts, recreation agencies, and special recreation | ||||||
17 | associations. | ||||||
18 | (ff) The names, addresses, or other personal | ||||||
19 | information of participants and registrants in programs of | ||||||
20 | park districts, forest preserve districts, conservation | ||||||
21 | districts, recreation agencies, and special recreation | ||||||
22 | associations where such programs are targeted primarily to | ||||||
23 | minors. | ||||||
24 | (gg) Confidential information described in Section | ||||||
25 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
26 | 2012. |
| |||||||
| |||||||
1 | (hh) The report submitted to the State Board of | ||||||
2 | Education by the School Security and Standards Task Force | ||||||
3 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
4 | School Code and any information contained in that report. | ||||||
5 | (ii) Records requested by persons committed to or | ||||||
6 | detained by the Department of Human Services under the | ||||||
7 | Sexually Violent Persons Commitment Act or committed to | ||||||
8 | the Department of Corrections under the Sexually Dangerous | ||||||
9 | Persons Act if those materials: (i) are available in the | ||||||
10 | library of the facility where the individual is confined; | ||||||
11 | (ii) include records from staff members' personnel files, | ||||||
12 | staff rosters, or other staffing assignment information; | ||||||
13 | or (iii) are available through an administrative request | ||||||
14 | to the Department of Human Services or the Department of | ||||||
15 | Corrections. | ||||||
16 | (jj) Confidential information described in Section | ||||||
17 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
18 | (kk) The public body's credit card numbers, debit card | ||||||
19 | numbers, bank account numbers, Federal Employer | ||||||
20 | Identification Number, security code numbers, passwords, | ||||||
21 | and similar account information, the disclosure of which | ||||||
22 | could result in identity theft or impression or defrauding | ||||||
23 | of a governmental entity or a person. | ||||||
24 | (ll) Records concerning the work of the threat | ||||||
25 | assessment team of a school district, including, but not | ||||||
26 | limited to, any threat assessment procedure under the |
| |||||||
| |||||||
1 | School Safety Drill Act and any information contained in | ||||||
2 | the procedure. | ||||||
3 | (mm) Information prohibited from being disclosed under | ||||||
4 | subsections (a) and (b) of Section 15 of the Student | ||||||
5 | Confidential Reporting Act. | ||||||
6 | (nn) Proprietary information submitted to the | ||||||
7 | Environmental Protection Agency under the Drug Take-Back | ||||||
8 | Act. | ||||||
9 | (oo) Records described in subsection (f) of Section | ||||||
10 | 3-5-1 of the Unified Code of Corrections. | ||||||
11 | (pp) Any and all information regarding burials, | ||||||
12 | interments, or entombments of human remains as required to | ||||||
13 | be reported to the Department of Natural Resources | ||||||
14 | pursuant either to the Archaeological and Paleontological | ||||||
15 | Resources Protection Act or the Human Remains Protection | ||||||
16 | Act. | ||||||
17 | (qq) (pp) Reports described in subsection (e) of | ||||||
18 | Section 16-15 of the Abortion Care Clinical Training | ||||||
19 | Program Act. | ||||||
20 | (rr) (pp) Information obtained by a certified local | ||||||
21 | health department under the Access to Public Health Data | ||||||
22 | Act. | ||||||
23 | (ss) (pp) For a request directed to a public body that | ||||||
24 | is also a HIPAA-covered entity, all information that is | ||||||
25 | protected health information, including demographic | ||||||
26 | information, that may be contained within or extracted |
| |||||||
| |||||||
1 | from any record held by the public body in compliance with | ||||||
2 | State and federal medical privacy laws and regulations, | ||||||
3 | including, but not limited to, the Health Insurance | ||||||
4 | Portability and Accountability Act and its regulations, 45 | ||||||
5 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
6 | "HIPAA-covered entity" has the meaning given to the term | ||||||
7 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
8 | information" has the meaning given to that term in 45 CFR | ||||||
9 | 160.103. | ||||||
10 | (1.5) Any information exempt from disclosure under the | ||||||
11 | Judicial Privacy Act shall be redacted from public records | ||||||
12 | prior to disclosure under this Act. | ||||||
13 | (2) A public record that is not in the possession of a | ||||||
14 | public body but is in the possession of a party with whom the | ||||||
15 | agency has contracted to perform a governmental function on | ||||||
16 | behalf of the public body, and that directly relates to the | ||||||
17 | governmental function and is not otherwise exempt under this | ||||||
18 | Act, shall be considered a public record of the public body, | ||||||
19 | for purposes of this Act. | ||||||
20 | (3) This Section does not authorize withholding of | ||||||
21 | information or limit the availability of records to the | ||||||
22 | public, except as stated in this Section or otherwise provided | ||||||
23 | in this Act. | ||||||
24 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
25 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
26 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, |
| |||||||
| |||||||
1 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
2 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
3 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised | ||||||
4 | 9-7-23.) | ||||||
5 | Section 85. The Counties Code is amended by changing | ||||||
6 | Sections 3-4000, 3-4000.1, 3-4001, 3-4002, 3-4003, 3-4004, | ||||||
7 | 3-4004.2, 3-4005, 3-4007, 3-4008.1, 3-4009, 3-4010.1, and | ||||||
8 | 3-4014 as follows: | ||||||
9 | (55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000) | ||||||
10 | Sec. 3-4000. Legislative declaration. The General Assembly | ||||||
11 | recognizes that quality legal representation in criminal , | ||||||
12 | juvenile delinquency, and dependency proceedings and related | ||||||
13 | matters is a constitutional proceedings is a fundamental right | ||||||
14 | of the people of the State of Illinois and that there should be | ||||||
15 | no distinction in the availability of quality legal | ||||||
16 | representation based upon a person's ability inability to pay. | ||||||
17 | Therefore, it is the intent of the General Assembly to provide | ||||||
18 | for an effective county public defense system defender systems | ||||||
19 | throughout the State and encourage the active and substantial | ||||||
20 | participation of the private bar in the representation of | ||||||
21 | accused people indigent defendants . | ||||||
22 | (Source: P.A. 87-111.) | ||||||
23 | (55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1) |
| |||||||
| |||||||
1 | Sec. 3-4000.1. Definitions. In this Division, except when | ||||||
2 | a particular context clearly requires a different meaning, the | ||||||
3 | following definitions apply: | ||||||
4 | "Board" means the county board of commissioners. | ||||||
5 | "President" means the president , speaker, or chair of the | ||||||
6 | county board. | ||||||
7 | "Public defender" means a county chief public defender | ||||||
8 | appointed to the office of public defender by one or more | ||||||
9 | counties under Section 3-4001, 3-4002, or 3-4003. | ||||||
10 | "State Public Defender" has the meaning ascribed to it in | ||||||
11 | Section 3 of the State Public Defender Act. | ||||||
12 | (Source: P.A. 87-111.) | ||||||
13 | (55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001) | ||||||
14 | Sec. 3-4001. Public defender in counties over 35,000. In | ||||||
15 | each county of this State containing 35,000 or more | ||||||
16 | inhabitants there is created the Office office of Public | ||||||
17 | Defender and the person or persons to be appointed to such | ||||||
18 | office shall be known as the Public Defender. No person shall | ||||||
19 | be eligible to or hold such office unless he is duly licensed | ||||||
20 | as an attorney and counsellor-at-law in this State. | ||||||
21 | (Source: P.A. 86-962.) | ||||||
22 | (55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002) | ||||||
23 | Sec. 3-4002. Public defender in counties of less than | ||||||
24 | 35,000. In each county of this State containing less than |
| |||||||
| |||||||
1 | 35,000 inhabitants, the county board may, by resolution, | ||||||
2 | create the Office office of Public Defender and the person | ||||||
3 | appointed to such office shall be known as the Public | ||||||
4 | Defender. No person shall be eligible to or hold such office | ||||||
5 | unless he or she is duly licensed as an attorney at law in this | ||||||
6 | State. | ||||||
7 | (Source: P.A. 86-962.) | ||||||
8 | (55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003) | ||||||
9 | Sec. 3-4003. Public defender in collaboration within the | ||||||
10 | same judicial circuit adjoining counties . Any 2 or more | ||||||
11 | adjoining counties of this State that are within the same | ||||||
12 | judicial circuit , may , by joint resolution of the several | ||||||
13 | county boards involved, create a common Office office of | ||||||
14 | Public Defender for the counties so joined or allow | ||||||
15 | representation in one county by the public defender appointed | ||||||
16 | in the collaborating county . The person or persons appointed | ||||||
17 | to the Office such office shall be known as the Public | ||||||
18 | Defender. No person shall be eligible to or hold the Office | ||||||
19 | such office unless he or she is duly licensed as an attorney at | ||||||
20 | law in this State. | ||||||
21 | (Source: P.A. 86-962.) | ||||||
22 | (55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004) | ||||||
23 | Sec. 3-4004. Appointment of Public Defender in counties | ||||||
24 | under 1,000,000 . When a vacancy occurs in the position of |
| |||||||
| |||||||
1 | public defender, the State Public Defender shall nominate and | ||||||
2 | the State Public Defender Commission shall appoint a properly | ||||||
3 | qualified public defender using the application and selection | ||||||
4 | process developed under Section 35 of the State Public | ||||||
5 | Defender Act, As soon as may be after this Division becomes | ||||||
6 | applicable to a county with a population under 1,000,000, the | ||||||
7 | judges of the Circuit Court of the circuit in which the county | ||||||
8 | is located shall, by a majority vote of the entire number of | ||||||
9 | those judges, appoint to the office of Public Defender a | ||||||
10 | properly qualified person, who shall hold office, his death or | ||||||
11 | resignation not intervening, at the pleasure of the judges | ||||||
12 | competent to appoint. Whenever a vacancy occurs in the office | ||||||
13 | it shall be filled in the same manner, and the person appointed | ||||||
14 | to fill the vacancy shall have the same tenure of office. | ||||||
15 | (Source: P.A. 86-962; 87-111.) | ||||||
16 | (55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2) | ||||||
17 | Sec. 3-4004.2. Qualifications of Public Defender and terms | ||||||
18 | of employment in counties over 35,000 1,000,000 . In counties | ||||||
19 | with a population over 1,000,000, the following qualifications | ||||||
20 | and terms of employment shall apply: | ||||||
21 | (a) The public defender shall be The president shall | ||||||
22 | select as Public Defender only a person with the following | ||||||
23 | qualifications : an attorney whose practice of law has | ||||||
24 | clearly demonstrated experience in the representation of | ||||||
25 | persons accused of crime; who has been licensed to |
| |||||||
| |||||||
1 | practice law in this State or in another state for at least | ||||||
2 | 5 years; who has had administrative experience; and who is | ||||||
3 | dedicated to the goals of providing high quality | ||||||
4 | representation for eligible persons and to improving the | ||||||
5 | quality of defense services generally. | ||||||
6 | (b) The Public Defender shall devote full time to the | ||||||
7 | duties of the public defender system and shall not | ||||||
8 | otherwise engage in the practice of law. | ||||||
9 | (c) Once approved, the The Public Defender once | ||||||
10 | approved by the Board shall serve for 6 years and may be | ||||||
11 | removed by the President only for good cause or | ||||||
12 | dereliction of duty after notice and a hearing before the | ||||||
13 | State Public Defender Commission Board . The effective date | ||||||
14 | of this amendatory Act of 1991 shall be deemed the | ||||||
15 | commencement of the term of the current public defender. | ||||||
16 | (d) (Blank). The Public Defender's compensation shall | ||||||
17 | be set at a level that is commensurate with his | ||||||
18 | qualifications and experience and professionally | ||||||
19 | appropriate with the responsibility of the position. The | ||||||
20 | Public Defender's compensation shall be comparable with | ||||||
21 | that paid to circuit court judges, but in no event shall be | ||||||
22 | more than that of the State's Attorney of the county. | ||||||
23 | (Source: P.A. 87-111.) | ||||||
24 | (55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005) | ||||||
25 | Sec. 3-4005. Oath of office. The person appointed as |
| |||||||
| |||||||
1 | Public Defender, before entering on the duties of his office, | ||||||
2 | shall take and subscribe an oath of office in writing before | ||||||
3 | one of the judges qualified to administer it competent to | ||||||
4 | appoint , which oath shall be filed in the office of the County | ||||||
5 | Clerk. | ||||||
6 | (Source: P.A. 86-962.) | ||||||
7 | (55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007) | ||||||
8 | Sec. 3-4007. Compensation. | ||||||
9 | (a) The public defender shall be paid out of the county | ||||||
10 | treasury, and, subject to appropriation, shall be paid by the | ||||||
11 | Department of Revenue out of the Personal Property Tax | ||||||
12 | Replacement Fund or the General Revenue Fund as provided in | ||||||
13 | subsection (b), as the sole compensation for his or her | ||||||
14 | services a salary in an amount fixed by the County Board. When | ||||||
15 | a Public Defender in a county of 30,000 or more population is | ||||||
16 | receiving not less than 90% of the compensation of the State's | ||||||
17 | Attorney of such county, that Public Defender shall not engage | ||||||
18 | in the private practice of law. | ||||||
19 | (b) The State must pay 66 2/3% of the public defender's | ||||||
20 | annual salary. If the public defender is employed full-time in | ||||||
21 | that capacity, his or her salary must be at least equal to 90% | ||||||
22 | of that county's State's Attorney's attorney's annual | ||||||
23 | compensation and will be eligible for the same amount of | ||||||
24 | reimbursement as that county's State's Attorney under Section | ||||||
25 | 4-2001. Funding for assistant public defenders must be at |
| |||||||
| |||||||
1 | least proportionate to that of assistant State's Attorneys, | ||||||
2 | including supplements for counties housing certain State | ||||||
3 | institutions as described Section 4-2001 of the Counties Code . | ||||||
4 | Subject to appropriation, these amounts furnished by the State | ||||||
5 | shall be payable monthly by the Department of Revenue out of | ||||||
6 | the Personal Property Tax Replacement Fund or the General | ||||||
7 | Revenue Fund to the county in which each Public Defender is | ||||||
8 | employed. | ||||||
9 | (c) In cases where 2 or more adjoining counties have | ||||||
10 | joined to form a common office of Public Defender or otherwise | ||||||
11 | collaborate under Section 3-4003 , the salary of the Public | ||||||
12 | Defender shall be set and paid as provided by a joint | ||||||
13 | resolution of the various county boards involved. | ||||||
14 | (Source: P.A. 97-72, eff. 7-1-11.) | ||||||
15 | (55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1) | ||||||
16 | Sec. 3-4008.1. Assistant public defenders Assistants in | ||||||
17 | counties over 1,000,000 . The Public Defender in counties with | ||||||
18 | a population over 1,000,000 shall appoint assistants, all duly | ||||||
19 | licensed practitioners, as that Public Defender shall deem | ||||||
20 | necessary for the proper discharge of the duties of the | ||||||
21 | office, who shall serve at the pleasure of the Public | ||||||
22 | Defender. The Public Defender shall also, in like manner, | ||||||
23 | appoint clerks and other employees necessary for the | ||||||
24 | transaction of the business of the office. The compensation of | ||||||
25 | and the appropriate number of assistants, clerks, and |
| |||||||
| |||||||
1 | employees shall be fixed by the County Board and paid out of | ||||||
2 | the county treasury. | ||||||
3 | (Source: P.A. 87-111.) | ||||||
4 | (55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009) | ||||||
5 | Sec. 3-4009. Office quarters; expenses. The County Boards | ||||||
6 | Board shall provide suitable office quarters for the use of | ||||||
7 | the Public Defender, and shall pay out of the county treasury | ||||||
8 | for necessary office, travel and other expenses incurred in | ||||||
9 | the defense of cases , including, but not limited to, social | ||||||
10 | workers, investigators, expert witnesses, mitigators, and | ||||||
11 | administrative staff . In counties of less than 500,000 | ||||||
12 | population, such payment shall be made after the circuit court | ||||||
13 | of the county approves such expenses as being necessary and | ||||||
14 | proper. In cases where 2 or more adjoining counties have | ||||||
15 | joined to form a common office of Public Defender or otherwise | ||||||
16 | collaborate under Section 3-4003 , the expenses incurred under | ||||||
17 | this Section shall be paid as provided for in a joint | ||||||
18 | resolution of the various county boards involved. | ||||||
19 | (Source: P.A. 86-962.) | ||||||
20 | (55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1) | ||||||
21 | Sec. 3-4010.1. Records; reports in counties over | ||||||
22 | 1,000,000 . The public defender in counties with a population | ||||||
23 | over 35,000 1,000,000 shall keep a record of the services | ||||||
24 | rendered by the public defender him and prepare and file |
| |||||||
| |||||||
1 | quarterly with the president and Commission a written report | ||||||
2 | of those services. If 2 or more adjoining counties have joined | ||||||
3 | to form a common Office of public defender or otherwise | ||||||
4 | collaborate under Section 3-4003, the public defender so | ||||||
5 | appointed shall file his or her quarterly report with each of | ||||||
6 | the several county boards involved. | ||||||
7 | (Source: P.A. 87-111.) | ||||||
8 | (55 ILCS 5/3-4014) | ||||||
9 | Sec. 3-4014. Public Defender Fund. | ||||||
10 | (a) (Blank). | ||||||
11 | (b) The Public Defender Fund is created as a special fund | ||||||
12 | in the State treasury. All money in the Public Defender Fund | ||||||
13 | shall be used, subject to appropriation, by the State Public | ||||||
14 | Defender Illinois Supreme Court to provide funding to counties | ||||||
15 | with a population of 3,000,000 or less for use by public | ||||||
16 | defenders for and public defender services and related | ||||||
17 | expenses pursuant to this Section 3-4014. | ||||||
18 | (Source: P.A. 102-1104, eff. 12-6-22; 103-8, eff. 7-1-23.) | ||||||
19 | (55 ILCS 5/3-4004.1 rep.) | ||||||
20 | (55 ILCS 5/3-4008 rep.) | ||||||
21 | (55 ILCS 5/3-4010 rep.) | ||||||
22 | (55 ILCS 5/3-4011 rep.) | ||||||
23 | (55 ILCS 5/3-4013 rep.) | ||||||
24 | Section 90. The Counties Code is amended by repealing |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Sections 3-4004.1, 3-4008, 3-4010, 3-4011, and 3-4013. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||