HB 3363 — STATE PUBLIC DEFENDER

HB3363and Engrossed - 12 - LRB104 10367 RLC 20442 b (8) one member appointed by the Governor representing community-based organizations thatadvocating supportfor thecivil successrights ofor people impacted by the criminal or juvenile delinquency andor dependency legal systems;system reform.

andAll (9)appointments oneshall memberbe appointedfiled with the Secretary of State by the Governorappointing representingauthority organizationswithin advocating3 formonths civilof rightsthe oreffective criminaldate orof juvenilethis delinquencyAct orand dependencywithin legal3 systemmonths reform.of any subsequent vacancy.

All appointments shall be filed with the Secretary of State by the appointing authority.

5 members shall be appointed to 2-year terms and until a successor is appointed and qualified and 6 members HB3363 Enrolled - 12 - LRB104 10367 RLC 20442 b shall be appointed to 4-year terms and until a successor is appointed and qualified.

No person shall be appointed to the Commission who, within the 2 years prior to appointment, has received compensation to be a judge, elected official, judicial officer, prosecutor, or law enforcement official, or HB3363 Engrossed - 13 - LRB104 10367 RLC 20442 b who has served as an employee of such a person.

(d) Members of the Commission shall elect from the membership of the Commission a chairperson, vice-chairperson, HB3363 Enrolled - 13 - LRB104 10367 RLC 20442 b and secretary.

(e) The Commissionfirst shallact approveof the OfficeCommission ofshall Statebe Publicto Defenderidentify distributionthe ofoperational thecosts Publicand Defenderfunding Fundsources underfor Sectionestablishing 3-4014the Office of the CountiesState Code.Public Defender.

(f) MembersThe ofCommission shall approve the CommissionOffice mayof receiveState aPublic stipendDefender upondistribution demonstratedof need,the basedPublic onDefender aFund decisionunder Section 3-4014 of the chairperson.Counties Code.

(g) Members of the Commission may receive a stipend upon demonstrated need, based on a decision of the chairperson.

HB3363(h) Engrossed - 14 - LRB104 10367 RLC 20442 b (g) Six members of the Commission constitute a quorum.

(h)(i) Records and proceedings of the Commission shall be subject to the Open Meetings Act and Freedom of Information Act.

(a) AfterThe theCommission termshall ofappoint, the initial State Public Defender concludes, the Commission, by a vote of a majority ofHB3363 theEnrolled members- of14 the- Commission,LRB104 shall10367 appointRLC 20442 b of its members, a State Public Defender for a 6-year term and until the State Public Defender's successor is appointed and qualified.

The State Public Defender must be an attorney licensed to practice law in this State and mustwhose havepractice criminalof defenselaw experience.has clearly demonstrated experience in the representation of persons accused of crime;

who has been licensed to practice law in this State or in another state for at least 5 years;

who has had administrative experience;

and who is dedicated to the goals of providing high-quality representation for eligible persons and to improving the quality of defense services generally.

HB3363 Engrossed - 15 - LRB104 10367 RLC 20442 b (2) minimum staffing levels for non-attorney staff, such as investigators, mitigators, social workers, and administrative support staff;

(3) supervision and experience standards relative to HB3363 Enrolled - 15 - LRB104 10367 RLC 20442 b case complexity;

HB3363 Engrossed - 16 - LRB104 10367 RLC 20442 b (d) The Commission may remove the State Public Defender only for cause and after a hearing.

HB3363 Enrolled - 16 - LRB104 10367 RLC 20442 b (e) The State Public Defender shall submit reports to the Commission on the operation of the Office of State Public Defender at each quarterly meeting.

ForAs purposesused ofin this Section, "shared position" means a position in which individuals share the salary and employee benefits.

HB3363 Engrossed - 17 - LRB104 10367 RLC 20442 b (1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect HB3363 Enrolled - 17 - LRB104 10367 RLC 20442 b to redact the information that is exempt.

(b) Private information, unless disclosure is required by another provision of this Act, a State or federal law, HB3363 Engrossed - 18 - LRB104 10367 RLC 20442 b or a court order.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or HB3363 Enrolled - 18 - LRB104 10367 RLC 20442 b more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings HB3363 Engrossed - 19 - LRB104 10367 RLC 20442 b conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body HB3363 Enrolled - 19 - LRB104 10367 RLC 20442 b that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation, or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the HB3363 Engrossed - 20 - LRB104 10367 RLC 20442 b agency or public body that is the recipient of the request;

or HB3363 Enrolled - 20 - LRB104 10367 RLC 20442 b (vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

HB3363 Engrossed - 21 - LRB104 10367 RLC 20442 b (e-5) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those materials are available in the library of the correctional HB3363 Enrolled - 21 - LRB104 10367 RLC 20442 b institution or facility or jail where the inmate is confined.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections or HB3363 Engrossed - 22 - LRB104 10367 RLC 20442 b Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work HB3363 Enrolled - 22 - LRB104 10367 RLC 20442 b or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

(g) Trade secrets and commercial or financial HB3363 Engrossed - 23 - LRB104 10367 RLC 20442 b information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the HB3363 Enrolled - 23 - LRB104 10367 RLC 20442 b trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

HB3363 Engrossed - 24 - LRB104 10367 RLC 20442 b (h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor HB3363 Enrolled - 24 - LRB104 10367 RLC 20442 b agreement with the body, until an award or final selection is made.

(ii) information received by a primary or secondary school, college, or university under its HB3363 Engrossed - 25 - LRB104 10367 RLC 20442 b procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university's adjudication of student disciplinary HB3363 Enrolled - 25 - LRB104 10367 RLC 20442 b cases, but only to the extent that disclosure would unavoidably reveal the identity of the student;

(m) Communications between a public body and an attorney or auditor representing the public body that HB3363 Engrossed - 26 - LRB104 10367 RLC 20442 b would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the HB3363 Enrolled - 26 - LRB104 10367 RLC 20442 b public body, and materials prepared or compiled with respect to internal audits of public bodies.

(q) Test questions, scoring keys, and other examination data used to determine the qualifications of HB3363 Engrossed - 27 - LRB104 10367 RLC 20442 b an applicant for a license or employment.

HB3363 Enrolled - 27 - LRB104 10367 RLC 20442 b With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court.

(t) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions, insurance companies, or pharmacy benefit managers, unless disclosure is otherwise required by State HB3363 Engrossed - 28 - LRB104 10367 RLC 20442 b law.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to HB3363 Enrolled - 28 - LRB104 10367 RLC 20442 b be used to create electronic signatures under the Uniform Electronic Transactions Act.

(y) Information contained in or related to proposals, HB3363 Engrossed - 29 - LRB104 10367 RLC 20442 b bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary HB3363 Enrolled - 29 - LRB104 10367 RLC 20442 b by the Illinois Power Agency or by the Illinois Commerce Commission.

HB3363 Engrossed - 30 - LRB104 10367 RLC 20442 b (ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation HB3363 Enrolled - 30 - LRB104 10367 RLC 20442 b districts, recreation agencies, and special recreation associations.

(ii) include records from staff members' personnel files, HB3363 Engrossed - 31 - LRB104 10367 RLC 20442 b staff rosters, or other staffing assignment information;

HB3363 Enrolled - 31 - LRB104 10367 RLC 20442 b (jj) Confidential information described in Section 5-535 of the Civil Administrative Code of Illinois.

(pp) Any and all information regarding burials, HB3363 Engrossed - 32 - LRB104 10367 RLC 20442 b interments, or entombments of human remains as required to be reported to the Department of Natural Resources pursuant either to the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection HB3363 Enrolled - 32 - LRB104 10367 RLC 20442 b Act.

HB3363 Engrossed - 33 - LRB104 10367 RLC 20442 b (1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.

(2) A public record that is not in the possession of a HB3363 Enrolled - 33 - LRB104 10367 RLC 20442 b public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

(20 ILCS 3930/16 new) HB3363 Engrossed - 34 - LRB104 10367 RLC 20442 b Sec.

(a) The State Public Defender Commission shall identify and implement a system of performance metrics to assess the HB3363 Enrolled - 34 - LRB104 10367 RLC 20442 b provision of indigent defense services in this State relative to the standards established by the Commission under Section 45 of the State Public Defender Act and national standards and benchmarks to ensure the State of Illinois complies with its obligations under the Sixth Amendment of the United States Constitution.

HB3363 Engrossed - 35 - LRB104 10367 RLC 20442 b (A) the types of and numbers of matters in which public defense services have been provided on an annual basis in categories to be determined by the Commission and in alignment with existing circuit HB3363 Enrolled - 35 - LRB104 10367 RLC 20442 b court data guidelines established by the Administrative Office of the Illinois Courts;

and the salaries and other compensation paid to individual administrators, attorneys and staffstaff; providing public defender services;

(C) the criteria and procedures used to determine HB3363 Engrossed - 36 - LRB104 10367 RLC 20442 b whether a person is eligible to receive public defender services, the number of persons considered for and applicants denied such services, the reasons for the denials, and the results of any review of such denials;

and HB3363 Enrolled - 36 - LRB104 10367 RLC 20442 b (D) the standards and criteria used by each county to determine whether individual attorneys are qualified to provide indigent legal services, and how those standards and criteria compare to those set by the StatewideState Public DefenseDefender Commission.

The Counties Code is amended by changing Sections 3-4000, 3-4000.1, 3-4001, 3-4002, 3-4003, 3-4004, 3-4004.1, 3-4004.2, 3-4005, 3-4007, 3-4008.1, 3-4009, HB3363 Engrossed - 37 - LRB104 10367 RLC 20442 b 3-4010.1, and 3-4014 as follows:

The General Assembly recognizes that quality legal representation in criminal, HB3363 Enrolled - 37 - LRB104 10367 RLC 20442 b juvenile court proceedings and related matters is a proceedings is a fundamental fundamental constitutional right of the people of the State of Illinois and that there should be no distinction in the availability of quality legal representation based upon a person's ability inability to pay.

"Chief County Public Defender" means a county chief public defender appointed to the office of public defender byin one or HB3363 Engrossed - 38 - LRB104 10367 RLC 20442 b more counties under Section 3-4001, 3-4002, or 3-4003.

87-111.) HB3363 Enrolled - 38 - LRB104 10367 RLC 20442 b (55 ILCS 5/3-4001) (from Ch.

86-962.) HB3363 Engrossed - 39 - LRB104 10367 RLC 20442 b (55 ILCS 5/3-4003) (from Ch.

Any 2 or more adjoining counties of this State that are within the same judicial HB3363 Enrolled - 39 - LRB104 10367 RLC 20442 b circuit, may, by joint resolution of the several county boards involved, create a common Office office of Public Defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county.

The second co-chair of the committee shall be the Chief Judge or a Circuit Judge serving HB3363 Engrossed - 40 - LRB104 10367 RLC 20442 b as their designee.

The State Public Defender and the Circuit Judges shall each appoint one-half of the other committee members, who shall be familiar with the practice of public defense in the relevant county and judicial circuit, including criminal defense or representation of clients under the HB3363 Enrolled - 40 - LRB104 10367 RLC 20442 b Juvenile Court Act of 1987, or both.

The Local Nominating Committee shall recommend one or more candidates to the State Public Defender Commission, whose members shall then appoint a properly qualified Chief County Public Defender.Defender from the candidate or candidates submitted.

Whenever a vacancy occurs in the officeoffice, it shall be 3 filled in the same manner, As soon as may be after this Division becomes applicable to a county with a population under 1,000,000, 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, HB3363 Engrossed - 41 - LRB104 10367 RLC 20442 b 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 HB3363 Enrolled - 41 - LRB104 10367 RLC 20442 b manner, and the person appointed to fill the vacancy shall begin a new 10-year term have the same tenure of office.

When a vacancy occurs in the position of Chief County Public Defender in a county with a population underover 3,000,000,3,000,000 theWhenever Presidenta vacancy shall notifyoccur in the Stateposition of Public Defender.Defender in counties over 1,000,000, a properly qualified person shall be appointed to the position by the President with the advice and consent of the Board.

The State Public Defender shall convene and co-chair a Local Nominating Committee composed of between 4 and 6 members.

The second co-chair of the committee shall be the President or their designee.

The State Public Defender and the President shall each appoint one-half of the other committee members, who shall be familiar with the practice of public defense in the relevant county and judicial circuit, including criminal defense or representation of clients under the Juvenile Court Act of 1987, or both.

Membership shall be diverse, include a variety of public defense stakeholders, and be free from interests that would pose a conflict with the effective operation of the public defender office.

Members may include, but are not limited to, representatives from legal HB3363 Engrossed - 42 - LRB104 10367 RLC 20442 b professional associations, law schools, the public defense community, the private defense bar, the judiciary, county government, community organizations, and former public defender clients and their family members.

No person shall be appointed to the Committee who, within the 2 years prior to appointment, has received compensation to be a prosecutor or law enforcement official, or who has served as an employee of such a person.

The Local Nominating Committee shall recommend one or more candidates to the State Public Defender Commission, whose members shall then appoint a properly qualified Chief County Public Defender.

Whenever a vacancy shall occur in the position of Public Defender in counties over 1,000,000, a properly qualified person shall be appointed to the position by the President with the advice and consent of the Board.

an attorney whose HB3363 Engrossed - 43 - LRB104 10367 RLC 20442 b practice of law has clearly demonstrated experience in the representation of persons accused of crime;

who has been licensed to practice law in this State or in another state HB3363 Enrolled - 42 - LRB104 10367 RLC 20442 b for at least 5 years;

(c) OnceIn approved,counties over 3,000,000, the Chief County The Public Defender once approved by the Board shall serve for 10 6 years and may be removed by the President only for good cause or dereliction of duty after notice and a hearing before the StateBoard. Public Defender Commission.

At the expiration of a term, the Chief County Public Defender may be reappointed to one or more subsequent terms Board.

Terms and qualifications apply to Chief County Public Defenders appointed after the effective date of this amendatory Act of the 104th General Assembly.

(c-5) In counties under 3,000,000, once approved, the Chief County Public Defender shall serve for 10 years and may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission.

The Public Defender's compensation shall be set at a level that is commensurate with his qualifications and experience and professionally HB3363 Engrossed - 44 - LRB104 10367 RLC 20442 b appropriate with the responsibility of the position.

HB3363 Enrolled - 43 - LRB104 10367 RLC 20442 b (e) At the expiration of a term, the Chief County Public Defender may be reappointed to one or more subsequent terms.

(f) Terms and qualifications apply to Chief County Public Defenders appointed after the effective date of this amendatory Act of the 104th General Assembly.

Removal only for cause or dereliction of duty applies to all Chief County Public Defenders serving on the effective date of this amendatory Act of the 104th General Assembly.

(a) The Chief County Public Defender public defender shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General HB3363 Enrolled - 44 - LRB104 10367 RLC 20442 b Revenue Fund as provided in subsection (b), as the sole compensation for his or her services a salary in an amount fixed by the County Board.

When a Public Defender in a county of 30,000 or more population is receiving not less than 90% of the compensation of the State's Attorney of such county, that HB3363 Engrossed - 45 - LRB104 10367 RLC 20442 b Public Defender shall not engage in the private practice of law.

If the Chief County Public Defender public defender is employed full-time in that capacity, his or her salary must be at least 95% 90% of that county's State's Attorney's attorney's annual compensation and will be eligible for the same amount of State reimbursement as that county's State's Attorney under Section 4-2001.

FundingState funding for assistant public defenders must be at least proportionateequal to that offor assistantAssistant State's Attorneys, including supplements for counties housing certain State institutions as described in Section 4-2001.

Subject to appropriation, these amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Chief County Public Defender is employed.

(c) In cases where 2 or more adjoining counties have joined to form a common office of Public Defender or otherwise collaborate under Section 3-4003, the salary of the Chief County Public Defender shall be set and paid as provided by a HB3363 Enrolled - 45 - LRB104 10367 RLC 20442 b joint resolution of the various county boards involved.involved and the counties shall be entitled to the same State reimbursements described in subsection (b).

Assistant public defenders Assistants in HB3363 Engrossed - 46 - LRB104 10367 RLC 20442 b counties over 1,000,000.

The Chief County Public Defender in counties with a population over 1,000,000 shall appoint assistants, all duly licensed practitioners, as that Chief County Public Defender shall deem necessary for the proper discharge of the duties of the office, who shall serve at the pleasure of the Chief County Public Defender.

The County Boards Board shall provide suitable office quarters for the use of the Chief County Public Defender and other public defender office employees, and shall pay out of the county treasury for necessary office, travel and other expenses incurred in the HB3363 Enrolled - 46 - LRB104 10367 RLC 20442 b defense of cases, including, but not limited to, social workers, investigators, expert witnesses, mitigators, and administrative staff.

In cases where 2 or more adjoining counties have joined to form a common office of Public Defender or otherwise HB3363 Engrossed - 47 - LRB104 10367 RLC 20442 b collaborate under Section 3-4003, the expenses incurred under this Section shall be paid as provided for in a joint resolution of the various county boards involved.

87-111.) HB3363 Enrolled - 47 - LRB104 10367 RLC 20442 b (55 ILCS 5/3-4014) Sec.

All money in the Public Defender Fund shall be used, subject to appropriation, by the State Public Defender Illinois Supreme Court to provide funding to counties HB3363 Engrossed - 48 - LRB104 10367 RLC 20442 b with a population of 3,000,000 or less for use by public defenders for and public defender services and related expenses pursuant to this Section 3-4014.

7-1-23.) (55 ILCS 5/3-4008 rep.) (55 ILCS 5/3-4010 rep.) (55 ILCS 5/3-4011 rep.) (55 ILCS 5/3-4013 rep.) Section 105.

The CountiesPublic Codeand isAppellate amendedDefender byImmunity repealingAct Sectionsis 3-4004.1,amended 3-4008,by 3-4010,changing 3-4011,Section and5 3-4013.as follows:

(745 ILCS 19/5) Sec.

5.

Immunity.

No state or county public defender, assistant state or county public defender, appellate defender, or assistant appellate defender, acting within the scope of his or her employment or contract, nor any person or entity employing, supervising, assisting, or contracting for the services of a state or county public defender, assistant state or county public defender, appellate defender, or assistant appellate defender, is liable for any damages in tort, contract, or otherwise, in which the plaintiff seeks damages by reason of legal or professional malpractice, except for HB3363 Enrolled - 48 - LRB104 10367 RLC 20442 b willful and wanton misconduct.

(Source:

P.A.

91-877, eff.

6-30-00.) (55 ILCS 5/3-4008 rep.) (55 ILCS 5/3-4010 rep.) (55 ILCS 5/3-4011 rep.) (55 ILCS 5/3-4013 rep.) Section 110.

The Counties Code is amended by repealing Sections 3-4008, 3-4010, 3-4011, and 3-4013.

This Act takes effect uponJanuary becoming1, law.2027, except Section 40 and this Section take effect July 1, 2026.