Bill Text: IL HB5842 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission, including appointments of the State Public Defender after the initial appointment. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-11-13 - Added Co-Sponsor Rep. Lindsey LaPointe [HB5842 Detail]

Download: Illinois-2023-HB5842-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5842 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
See Index
Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission, including appointments of the State Public Defender after the initial appointment. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the State
Public Defender Act.
Section 5. Legislative declaration. The General Assembly
recognizes that zealous legal representation in criminal,
juvenile delinquency and dependency proceedings and related
matters is a constitutional right of the people of the State of
Illinois and that high-quality legal representation should be
available regardless of a person's ability to pay. Therefore,
it is the intent of the General Assembly to provide for an
effective public defender system throughout the State and to
encourage the active and substantial participation of the
private bar in the representation of accused people.
Section 10. Definitions. As used in this Act, unless the
context otherwise requires:
"Commission" means the State Public Defender Commission
established under Section 40.
"Public defender" has the meaning ascribed to it in
Section 3-4000.1 of the Counties Code.
"State Public Defender" means the individual appointed as

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State Public Defender under Section 30.
Section 15. Office of State Public Defender. The Office of
State Public Defender is hereby created as an agency of State
government and an independent agency within the judicial
branch of government. The Office of State Public Defender
shall be under the supervision and direction of the State
Public Defender, and its records shall be subject to the
Freedom of Information Act.
Section 20. Oath of office. The State Public Defender
shall take the oath of office provided by law before assuming
the duties of the Office of State Public Defender.
Section 25. Salary. The State Public Defender shall
receive an annual salary equivalent to that of the Attorney
General.
Section 30. Powers and duties of the State Public
Defender.
(a) The State Public Defender or the State Public
Defender's designee shall act as attorney when appointed by a
court, without fee, for all otherwise unrepresented persons
who are held in custody or who are charged with the commission
of any criminal offense before any court within any county,
and who the court finds are unable to afford counsel. The

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Office of the State Public Defender shall be the attorney,
without fee, when so appointed by the court under the Juvenile
Court Act of 1987.
(b) The initial State Public Defender shall be nominated
by a nonprofit organization created by and composed of
Illinois' public defenders to advance public defense practice
and appointed for a 2-year term by a majority vote of the
Supreme Court. Each subsequent State Public Defender shall be
appointed for a 6-year term under Section 45. The State Public
Defender shall adopt rules, instructions, and orders
consistent with this Act, further defining the organization of
the Office of the State Public Defender and the duties of the
Office's employees.
(c) Before submitting a budget request to the General
Assembly, the State Public Defender shall submit the budget
request to the State Public Defender Commission for approval.
(d) The State Public Defender may:
(1) provide representation in counties located within
its regional offices in addition to appointed counsel and
county public defenders;
(2) provide county public defenders with the
assistance of attorneys, expert witnesses, investigators,
administrative staff, and social service staff;
(3) provide training to county public defenders;
(4) maintain a panel of private attorneys available to
serve as counsel on a case-by-case basis;

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(5) establish programs, alone or in conjunction with
law schools, for the purpose of using law students as
legal assistants; and
(6) cooperate and consult with State and county
agencies, professional associations, and other groups
concerning the causes of criminal conduct, the
rehabilitation and support of persons charged with and
convicted of crime, the administration of criminal
justice, and the administration of juvenile delinquency
and dependency matters.
(e) The State Public Defender shall establish a
recruitment and retention plan to ensure a skilled and diverse
workforce is available to serve clients in every part of the
State.
(f) The State Public Defender shall establish and
supervise training programs for the State Public Defender's
employees.
(g) The State Public Defender shall adopt rules,
instructions, and orders, consistent with this Act to further
define the organization of the Office of State Public Defender
and the duties of employees of the Office of the State Public
Defender.
(h) The State Public Defender shall maintain a website to
provide the public with information about the Office of State
Public Defender and its organization, information on how to
join the Client Community Advisory Board, information for

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people seeking employment in public defense, supplementary
statistics and reports of public interest, reports to the
Commission and State agencies, and agendas, minutes, and
documents for Commission meetings.
(i) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(j) All required reports shall be simultaneously
transmitted to the Supreme Court and to the Governor.
Section 35. Office of State Public Defender organization.
(a) During the initial State Public Defender's 2-year
term, the State Public Defender shall establish a Public
Defender Advisory Board, composed of attorneys providing
public defense services in this State, including public
defenders, which shall meet regularly to advise the Office of
the State Public Defender regarding legal practice issues and
resource needs around the State and establishing workload,
staffing, and salary standards for the provision of public
defense throughout the State.
(b) During the initial State Public Defender's term, the
State Public Defender shall collaborate with the Public
Defender Advisory Board to determine which judicial circuits

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or geographic regions require State public defenders and how
many public defenders and staff are required to supplement
existing public defenders, staff, and appointed counsel for
the State in order to comply with the State's legal and ethical
obligations.
(c) During the initial State Public Defender's term, the
State Public Defender shall establish a Client Community
Advisory Board, composed of former clients and impacted
community members, which shall meet regularly to advise the
Office of the State Public Defender regarding client legal
issues and needs around the State.
(d) During the initial State Public Defender's term, the
State Public Defender shall collaborate with the Public
Defender Advisory Board to devise an application and selection
process for whenever there is an open public defender
position.
(e) During the initial State Public Defender's term, the
State Public Defender shall establish a working group to
assess the availability of public defender representation and
adequacy of resources in proceedings under Article II of the
Juvenile Court Act. The working group members shall include
current public defenders, non-public defenders that provide
legal representation to parents/respondents, and nonprofit
advocates with expertise in parent legal representation and
shall meet regularly to advise the Office of the State Public
Defender regarding client legal issues and needs around the

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State.
(f) During the initial State Public Defender's term, the
State Public Defender shall establish a procedure for
distributions from the Public Defender Fund described under
Section 3-4014 of the Counties Code.
(1) The purpose of the Public Defender Fund is to
supplement, not displace, county-level public defender
offices' budgets and to aid county public defenders in
providing effective assistance of counsel to their
clients.
(2) State support, funding, and services provided to
any county public defender office shall neither affect nor
be offset by any reduction in existing or projected public
defender office budgets.
(3) Appropriate uses of funds include, but are not
limited to:
(A) hiring investigators, social workers, or
mental health clinicians;
(B) increasing compensation for attorney and
non-attorney employees;
(C) funding expert witnesses; and
(D) training attorney and non-attorney employees.
(4) Requests by countries for financial support from
the Public Defender Fund shall originate solely from the
chief public defender of any jurisdiction and shall be
submitted directly to the Office of the State Public

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Defender. Financial support shall be paid to the county in
which the requesting chief public defender practices, and
the county treasurer shall cause that entire amount to be
placed in the operating budget of the public defender for
immediate use.
(5) County public defender offices shall provide the
Office of State Public Defender with a report including a
detailed accounting of the provided funds and an
evaluation of the impact of the provided funds within a
reasonable time frame established by the Office of State
Public Defender.
(g) Following the planning phase described in subsections
(a) through (f), the State Public Defender may establish
regional offices. The State Public Defender shall appoint a
deputy defender for each regional office who shall serve as
the administrator of that office. Each deputy defender must be
an attorney licensed to practice law in this State. Deputy
public defenders shall serve at the pleasure of the State
Public Defender.
(h) The Office of the State Public Defender shall hire and
train new State-employed personnel to carry out the Office's
duties under this Act, including, but not limited to,
attorneys licensed to practice law in this State, and
administrative, investigative, and social services employees.
Nothing in this Act shall be construed to invalidate,
diminish, or otherwise interfere with any collective

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bargaining agreement or representation rights under the
Illinois Public Labor Relations Act, if applicable.
(i) Deputy defenders shall employ, with the approval of
the State Public Defender, assistant public defenders,
investigators, social services staff, administrative staff,
and other employees under their direct supervision, as
described in subsection (h) of this Section.
(j) Attorneys employed by the Office of the State Public
Defender shall devote full time to their duties, except as
provided in Section 50, and may not engage in the private
practice of law.
Section 40. State Public Defender Commission.
(a) The State Public Defender Commission is hereby created
as an independent body within the judicial branch. The
Commission shall be composed of 11 members, appointed as
follows:
(1) Two members appointed by the Governor from a panel
of 5 persons nominated by a nonprofit organization created
by and composed of Illinois' public defenders to advance
public defense practice;
(2) Two members appointed by the Supreme Court from a
panel of 5 persons nominated by an organization of
Illinois chief public defenders;
(3) One member appointed by the Supreme Court from a
panel of 3 criminal defense lawyers nominated by a

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voluntary association of lawyers which aims to assist
Illinois lawyers in the practice of law and to promote the
advancement of justice;
(4) one member appointed by the Speaker of the House
of Representatives;
(5) one member appointed by the Minority Leader of the
House of Representatives;
(6) one member appointed by the President of the
Senate;
(7) one member appointed by the Minority Leader of the
Senate;
(8) one member appointed by the Governor representing
community-based organizations that support the success of
people impacted by the criminal or juvenile delinquency
and dependency legal systems; and
(9) one member appointed by the Governor representing
organizations advocating for civil rights or criminal or
juvenile delinquency or dependency legal system reform.
All appointments shall be filed with the Secretary of
State by the appointing authority. The terms of the original
members shall be as follows: 5 members shall be appointed to
2-year terms and until a successor is appointed and qualified
and 6 members shall be appointed to 4-year terms and until a
successor is appointed and qualified. Thereafter, all members
shall be appointed to 4-year terms and until a successor is
appointed and qualified. The chairperson, at the first meeting

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of the Commission, shall conduct a drawing by lot to determine
whether each original member shall be appointed to a 2-year or
4-year term.
(b) Persons appointed to the Commission shall have
significant experience in the defense of indigent clients in
criminal or juvenile proceedings or shall have demonstrated a
strong commitment to quality representation in indigent
defense matters. 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
who has served as an employee of such a person.
(c) No member may serve more than 2 full 4-year terms.
Vacancies in the membership of the Commission are to be filled
in the same manner as original appointments. A vacancy shall
be declared upon any member missing 3 or more meetings in a row
unless the chairperson finds there was good cause for the
absences. Appointments to fill vacancies occurring before the
expiration of a term are for the remainder of the unexpired
term.
(d) Members of the Commission shall elect from the
membership of the Commission a chairperson, vice-chairperson,
and secretary. No officer may serve more than one full 4-year
term as an officer. The Commission shall meet quarterly. The
chairperson shall determine the time and place of meetings.
Additional meetings may be held upon petition to the

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chairperson by 7 or more members of the Commission or upon the
call of the chairperson after 7 days written notice to the
members.
(e) The Commission shall approve the Office of State
Public Defender distribution of the Public Defender Fund under
Section 3-4014 of the Counties Code.
(f) Members of the Commission may receive a stipend upon
demonstrated need, based on a decision of the chairperson.
Members of the Commission shall receive reimbursement for
actual expenses incurred in the performance of the member's
duties.
(g) Six members of the Commission constitute a quorum.
(h) Records and proceedings of the Commission shall be
subject to the Open Meetings Act and Freedom of Information
Act.
Section 45. Powers and Duties of the State Public Defender
Commission.
(a) After the term of the initial State Public Defender
concludes, the Commission, by a vote of a majority of the
members of the Commission, shall appoint 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 must have criminal defense experience. The
State Public Defender shall devote full time to the duties of

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the Office of State Public Defender and may not engage in the
private practice of law.
(b) The State Public Defender shall draft, and the
Commission shall approve and publish, standards for
trial-level public defense in the State, including
identification of workload standards and ratios of attorney to
non-attorney staff, such as investigators, mitigators, social
workers, and administrative support staff.
(c) The Commission shall approve or modify an operational
budget and the Public Defender Fund expenditures submitted to
the Commission by the State Public Defender.
(d) The Commission may remove the State Public Defender
only for cause and after a hearing. The Commission may hold
such a hearing on the Commission's own motion and may adopt
rules establishing other procedures for the hearing.
(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. The State Public Defender
shall submit a comprehensive report to the Commission at the
end of each fiscal year. The Commission may require the State
Public Defender to submit additional or amended reports on any
aspect of the operation of the Office of State Public
Defender.
Section 50. Shared position. For purposes of this Section,
"shared position" means a position in which individuals share

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the salary and employee benefits. For purposes of seniority,
each individual shall receive credit at a rate equal to the
percentage of time employed in a shared position. Attorneys
sharing a position may not engage in the private practice of
law.
Section 80. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
Sec. 7. Exemptions.
(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
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Records created or compiled by a State public
defender agency or commission subject to this Act that
contain: individual client identity; individual case file
information; records that are otherwise subject to
attorney-client privilege; records that would not be
discoverable in litigation; records under Section 2.15;
training materials; records related to attorney

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consultation and representation strategy; or any of the
above concerning clients of county public defenders or
other defender agencies and firms. This exclusion does not
apply to de-identified, aggregated, administrative
records, such as general case processing and workload
information.
(a-5) (a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
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
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in

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obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
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
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,

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and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency 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
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional

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Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(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
institution or facility or jail where the inmate is
confined.
(e-6) 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 include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available

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through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
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
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.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or

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claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
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
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.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity

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fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(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
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the

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requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and

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distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
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
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation

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pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
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. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly

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self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management
information, records, data, advice, or communications.
(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
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
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may

HB5842 - 26 - LRB103 40494 RLC 72946 b
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
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
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality

HB5842 - 27 - LRB103 40494 RLC 72946 b
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(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
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.

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(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the

HB5842 - 29 - LRB103 40494 RLC 72946 b
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
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
Act.
(qq) (pp) Reports described in subsection (e) of
Section 16-15 of the Abortion Care Clinical Training
Program Act.
(rr) (pp) Information obtained by a certified local
health department under the Access to Public Health Data
Act.
(ss) (pp) For a request directed to a public body that
is also a HIPAA-covered entity, all information that is
protected health information, including demographic
information, that may be contained within or extracted

HB5842 - 30 - LRB103 40494 RLC 72946 b
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(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
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.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

HB5842 - 31 - LRB103 40494 RLC 72946 b
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
9-7-23.)
Section 85. The Counties Code is amended by changing
Sections 3-4000, 3-4000.1, 3-4001, 3-4002, 3-4003, 3-4004,
3-4004.2, 3-4005, 3-4007, 3-4008.1, 3-4009, 3-4010.1, and
3-4014 as follows:
(55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000)
Sec. 3-4000. Legislative declaration. The General Assembly
recognizes that quality legal representation in criminal,
juvenile delinquency, and dependency proceedings and related
matters is a constitutional proceedings is a fundamental 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.
Therefore, it is the intent of the General Assembly to provide
for an effective county public defense system defender systems
throughout the State and encourage the active and substantial
participation of the private bar in the representation of
accused people indigent defendants.
(Source: P.A. 87-111.)
(55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1)

HB5842 - 32 - LRB103 40494 RLC 72946 b
Sec. 3-4000.1. Definitions. In this Division, except when
a particular context clearly requires a different meaning, the
following definitions apply:
"Board" means the county board of commissioners.
"President" means the president, speaker, or chair of the
county board.
"Public defender" means a county chief public defender
appointed to the office of public defender by one or more
counties under Section 3-4001, 3-4002, or 3-4003.
"State Public Defender" has the meaning ascribed to it in
Section 3 of the State Public Defender Act.
(Source: P.A. 87-111.)
(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)
Sec. 3-4001. Public defender in counties over 35,000. In
each county of this State containing 35,000 or more
inhabitants there is created the Office office of Public
Defender and the person or persons to be appointed to such
office shall be known as the Public Defender. No person shall
be eligible to or hold such office unless he is duly licensed
as an attorney and counsellor-at-law in this State.
(Source: P.A. 86-962.)
(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)
Sec. 3-4002. Public defender in counties of less than
35,000. In each county of this State containing less than

HB5842 - 33 - LRB103 40494 RLC 72946 b
35,000 inhabitants, the county board may, by resolution,
create the Office office of Public Defender and the person
appointed to such office shall be known as the Public
Defender. No person shall be eligible to or hold such office
unless he or she is duly licensed as an attorney at law in this
State.
(Source: P.A. 86-962.)
(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)
Sec. 3-4003. Public defender in collaboration within the
same judicial circuit adjoining counties. Any 2 or more
adjoining counties of this State that are within the same
judicial 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 person or persons appointed
to the Office such office shall be known as the Public
Defender. No person shall be eligible to or hold the Office
such office unless he or she is duly licensed as an attorney at
law in this State.
(Source: P.A. 86-962.)
(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
Sec. 3-4004. Appointment of Public Defender in counties
under 1,000,000. When a vacancy occurs in the position of

HB5842 - 34 - LRB103 40494 RLC 72946 b
public defender, the State Public Defender shall nominate and
the State Public Defender Commission shall appoint a properly
qualified public defender using the application and selection
process developed under Section 35 of the State Public
Defender Act, 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, appoint to the office of Public Defender a
properly qualified person, who shall hold office, his death or
resignation not intervening, at the pleasure of the judges
competent to appoint. Whenever a vacancy occurs in the office
it shall be filled in the same manner, and the person appointed
to fill the vacancy shall have the same tenure of office.
(Source: P.A. 86-962; 87-111.)
(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
Sec. 3-4004.2. Qualifications of Public Defender and terms
of employment in counties over 35,000 1,000,000. In counties
with a population over 1,000,000, the following qualifications
and terms of employment shall apply:
(a) The public defender shall be The president shall
select as Public Defender only a person with the following
qualifications: an attorney whose practice of law has
clearly demonstrated experience in the representation of
persons accused of crime; who has been licensed to

HB5842 - 35 - LRB103 40494 RLC 72946 b
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.
(b) The Public Defender shall devote full time to the
duties of the public defender system and shall not
otherwise engage in the practice of law.
(c) Once approved, the The Public Defender once
approved by the Board shall serve for 6 years and may be
removed by the President only for good cause or
dereliction of duty after notice and a hearing before the
State Public Defender Commission Board. The effective date
of this amendatory Act of 1991 shall be deemed the
commencement of the term of the current public defender.
(d) (Blank). The Public Defender's compensation shall
be set at a level that is commensurate with his
qualifications and experience and professionally
appropriate with the responsibility of the position. The
Public Defender's compensation shall be comparable with
that paid to circuit court judges, but in no event shall be
more than that of the State's Attorney of the county.
(Source: P.A. 87-111.)
(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)
Sec. 3-4005. Oath of office. The person appointed as

HB5842 - 36 - LRB103 40494 RLC 72946 b
Public Defender, before entering on the duties of his office,
shall take and subscribe an oath of office in writing before
one of the judges qualified to administer it competent to
appoint, which oath shall be filed in the office of the County
Clerk.
(Source: P.A. 86-962.)
(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
Sec. 3-4007. Compensation.
(a) The 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 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 Public Defender shall not engage
in the private practice of law.
(b) The State must pay 66 2/3% of the public defender's
annual salary. If the public defender is employed full-time in
that capacity, his or her salary must be at least equal to 90%
of that county's State's Attorney's attorney's annual
compensation and will be eligible for the same amount of
reimbursement as that county's State's Attorney under Section
4-2001. Funding for assistant public defenders must be at

HB5842 - 37 - LRB103 40494 RLC 72946 b
least proportionate to that of assistant State's Attorneys,
including supplements for counties housing certain State
institutions as described Section 4-2001 of the Counties Code.
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 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 Public
Defender shall be set and paid as provided by a joint
resolution of the various county boards involved.
(Source: P.A. 97-72, eff. 7-1-11.)
(55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)
Sec. 3-4008.1. Assistant public defenders Assistants in
counties over 1,000,000. The Public Defender in counties with
a population over 1,000,000 shall appoint assistants, all duly
licensed practitioners, as that Public Defender shall deem
necessary for the proper discharge of the duties of the
office, who shall serve at the pleasure of the Public
Defender. The Public Defender shall also, in like manner,
appoint clerks and other employees necessary for the
transaction of the business of the office. The compensation of
and the appropriate number of assistants, clerks, and

HB5842 - 38 - LRB103 40494 RLC 72946 b
employees shall be fixed by the County Board and paid out of
the county treasury.
(Source: P.A. 87-111.)
(55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009)
Sec. 3-4009. Office quarters; expenses. The County Boards
Board shall provide suitable office quarters for the use of
the Public Defender, and shall pay out of the county treasury
for necessary office, travel and other expenses incurred in
the defense of cases, including, but not limited to, social
workers, investigators, expert witnesses, mitigators, and
administrative staff. In counties of less than 500,000
population, such payment shall be made after the circuit court
of the county approves such expenses as being necessary and
proper. 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 expenses incurred under
this Section shall be paid as provided for in a joint
resolution of the various county boards involved.
(Source: P.A. 86-962.)
(55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)
Sec. 3-4010.1. Records; reports in counties over
1,000,000. The public defender in counties with a population
over 35,000 1,000,000 shall keep a record of the services
rendered by the public defender him and prepare and file

HB5842 - 39 - LRB103 40494 RLC 72946 b
quarterly with the president and Commission a written report
of those services. If 2 or more adjoining counties have joined
to form a common Office of public defender or otherwise
collaborate under Section 3-4003, the public defender so
appointed shall file his or her quarterly report with each of
the several county boards involved.
(Source: P.A. 87-111.)
(55 ILCS 5/3-4014)
Sec. 3-4014. Public Defender Fund.
(a) (Blank).
(b) The Public Defender Fund is created as a special fund
in the State treasury. 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
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.
(Source: P.A. 102-1104, eff. 12-6-22; 103-8, eff. 7-1-23.)
(55 ILCS 5/3-4004.1 rep.)
(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 90. The Counties Code is amended by repealing

HB5842 - 40 - LRB103 40494 RLC 72946 b
Sections 3-4004.1, 3-4008, 3-4010, 3-4011, and 3-4013.
HB5842 - 41 - LRB103 40494 RLC 72946 b
INDEX
Statutes amended in order of appearance