Full Text of HB4003 101st General Assembly
HB4003 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4003 Introduced 1/8/2020, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-4004 | from Ch. 34, par. 3-4004 | 55 ILCS 5/3-4004.2 | from Ch. 34, par. 3-4004.2 | 55 ILCS 5/3-4010.1 | from Ch. 34, par. 3-4010.1 | 55 ILCS 5/3-4013 new | | 55 ILCS 5/3-4000.1 rep. | | 55 ILCS 5/3-4004.1 rep. | |
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Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that in counties with a population over 1,000,000, judges of the Circuit Court of the circuit in which the county is located shall appoint the Public Defender and have the ability to remove the Public Defender (rather than the board of county commissioners appointing and removing the Public Defender). Makes conforming changes. Limits home rule powers.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB4003 | | LRB101 15454 AWJ 64787 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-4004, 3-4004.2, and 3-4010.1 and adding Section | 6 | | 3-4013 as follows:
| 7 | | (55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
| 8 | | Sec. 3-4004. Appointment of Public Defender in counties | 9 | | under 1,000,000 . Upon the expiration of a term of office of a | 10 | | Public Defender after the effective date of this amendatory Act | 11 | | of the 101st General Assembly As soon as may be after this | 12 | | Division becomes applicable to a county with
a population under | 13 | | 1,000,000 , the judges of the Circuit Court of the
circuit in | 14 | | which the county is located shall, by a majority
vote of the | 15 | | entire number of those judges, appoint to the
office of Public | 16 | | Defender a properly qualified person, who shall hold
office, | 17 | | his death or resignation not intervening, at the pleasure of | 18 | | the
judges competent to appoint. Whenever a vacancy occurs in | 19 | | the
office it shall be filled in the same manner, and the
| 20 | | person appointed to fill the vacancy shall have the same tenure | 21 | | of office.
| 22 | | (Source: P.A. 86-962; 87-111.)
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| 1 | | (55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
| 2 | | Sec. 3-4004.2. Qualifications of Public Defender and terms | 3 | | of
employment in counties over 1,000,000. In counties with a | 4 | | population over
1,000,000, the following qualifications and | 5 | | terms of employment shall apply:
| 6 | | (a) The judges president shall select as Public
Defender | 7 | | only a person with the following qualifications: an attorney | 8 | | whose
practice of law has clearly demonstrated experience in | 9 | | the representation
of persons accused of crime; who has been | 10 | | licensed to practice law in this
State or in another state for | 11 | | at least 5 years; who has had administrative
experience; and | 12 | | who is dedicated to the goals of providing high quality
| 13 | | representation for eligible persons and to improving the | 14 | | quality of defense
services generally.
| 15 | | (b) The Public Defender shall devote full time to the | 16 | | duties of the
public defender system and shall not otherwise | 17 | | engage in the practice of law.
| 18 | | (c) The Public Defender , once approved by the judges, Board | 19 | | shall serve for 6
years and may be removed by the judges | 20 | | President only for good cause or
dereliction of duty after | 21 | | notice and a hearing before the Board. The
effective date of | 22 | | this amendatory Act of 1991 shall be deemed the
commencement of | 23 | | the term of the current public defender .
| 24 | | (d) The Public Defender's compensation shall be set at a | 25 | | level that is
commensurate with his qualifications and | 26 | | experience and professionally
appropriate with the |
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| 1 | | responsibility of the position.
The Public Defender's | 2 | | compensation shall be
comparable with that paid to circuit | 3 | | court judges, but in no event
shall be more than that of the | 4 | | State's Attorney of the county.
| 5 | | (Source: P.A. 87-111.)
| 6 | | (55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)
| 7 | | Sec. 3-4010.1. Records; reports in counties over | 8 | | 1,000,000. The
public defender in counties with a population | 9 | | over 1,000,000 shall keep a
record of the services rendered by | 10 | | him and
prepare and file quarterly with the president of the | 11 | | county board of commissioners a written report of those | 12 | | services.
| 13 | | (Source: P.A. 87-111.)
| 14 | | (55 ILCS 5/3-4013 new) | 15 | | Sec. 3-4013. Home rule. The selection and removal of Public | 16 | | Defenders are exclusive powers and functions of the State. A | 17 | | home rule county may not select or remove Public Defenders. | 18 | | This Section is a denial and limitation of home rule powers and | 19 | | functions under subsection (h) of Section 6 of Article VII of | 20 | | the Illinois Constitution. | 21 | | (55 ILCS 5/3-4000.1 rep.) | 22 | | (55 ILCS 5/3-4004.1 rep.) | 23 | | Section 10. The Counties Code is amended by repealing |
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| 1 | | Sections 3-4000.1 and 3-4004.1.
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