Illinois General Assembly - Full Text of HB2418
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Full Text of HB2418  102nd General Assembly

HB2418 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 13037 AWJ 18380 b

 

 

A BILL FOR

 

HB2418LRB102 13037 AWJ 18380 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
9a particular 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

 

 

HB2418- 2 -LRB102 13037 AWJ 18380 b

1office of Public Defender a properly qualified person, who
2shall hold office, his death or resignation not intervening,
3at the 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
6have the 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
11expiration of each Public Defender's term of office in each
12county with under 1,000,000 population, the chairperson of the
13county board or executive shall, after receiving a
14recommendation or recommendations provided by an independent
15citizen's advisory council, appoint the Public Defender with
16the advice and consent of the county board. The independent
17citizen's advisory council shall be composed of as many
18members as the county board deems appropriate. The chairperson
19or executive shall make appointments to the independent
20citizen's advisory council with the advice and consent of the
21county board.
22    This Section does not apply to appointments where two or
23more adjoining counties have joined to form a common office of
24Public Defender.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

HB2418- 3 -LRB102 13037 AWJ 18380 b

1becoming law.