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
 
HB5842LRB103 40494 RLC 72946 b


1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the State 
5Public Defender Act.

6 Section 5. Legislative declaration. The General Assembly 
7recognizes that zealous legal representation in criminal, 
8juvenile delinquency and dependency proceedings and related 
9matters is a constitutional right of the people of the State of 
10Illinois and that high-quality legal representation should be 
11available regardless of a person's ability to pay. Therefore, 
12it is the intent of the General Assembly to provide for an 
13effective public defender system throughout the State and to 
14encourage the active and substantial participation of the 
15private bar in the representation of accused people.

16 Section 10. Definitions. As used in this Act, unless the 
17context otherwise requires:
18 "Commission" means the State Public Defender Commission 
19established under Section 40.
20 "Public defender" has the meaning ascribed to it in 
21Section 3-4000.1 of the Counties Code.
22 "State Public Defender" means the individual appointed as 
 
 
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1State Public Defender under Section 30.

2 Section 15. Office of State Public Defender. The Office of 
3State Public Defender is hereby created as an agency of State 
4government and an independent agency within the judicial 
5branch of government. The Office of State Public Defender 
6shall be under the supervision and direction of the State 
7Public Defender, and its records shall be subject to the 
8Freedom of Information Act.

9 Section 20. Oath of office. The State Public Defender 
10shall take the oath of office provided by law before assuming 
11the duties of the Office of State Public Defender.

12 Section 25. Salary. The State Public Defender shall 
13receive an annual salary equivalent to that of the Attorney 
14General.

15 Section 30. Powers and duties of the State Public 
16Defender. 
17 (a) The State Public Defender or the State Public 
18Defender's designee shall act as attorney when appointed by a 
19court, without fee, for all otherwise unrepresented persons 
20who are held in custody or who are charged with the commission 
21of any criminal offense before any court within any county, 
22and who the court finds are unable to afford counsel. The 
 
 
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1Office of the State Public Defender shall be the attorney, 
2without fee, when so appointed by the court under the Juvenile 
3Court Act of 1987.
4 (b) The initial State Public Defender shall be nominated 
5by a nonprofit organization created by and composed of 
6Illinois' public defenders to advance public defense practice 
7and appointed for a 2-year term by a majority vote of the 
8Supreme Court. Each subsequent State Public Defender shall be 
9appointed for a 6-year term under Section 45. The State Public 
10Defender shall adopt rules, instructions, and orders 
11consistent with this Act, further defining the organization of 
12the Office of the State Public Defender and the duties of the 
13Office's employees. 
14 (c) Before submitting a budget request to the General 
15Assembly, the State Public Defender shall submit the budget 
16request to the State Public Defender Commission for approval. 
17 (d) The State Public Defender may: 
18  (1) provide representation in counties located within 
19 its regional offices in addition to appointed counsel and 
20 county public defenders; 
21  (2) provide county public defenders with the 
22 assistance of attorneys, expert witnesses, investigators, 
23 administrative staff, and social service staff; 
24  (3) provide training to county public defenders; 
25  (4) maintain a panel of private attorneys available to 
26 serve as counsel on a case-by-case basis; 
 
 
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1  (5) establish programs, alone or in conjunction with 
2 law schools, for the purpose of using law students as 
3 legal assistants; and 
4  (6) cooperate and consult with State and county 
5 agencies, professional associations, and other groups 
6 concerning the causes of criminal conduct, the 
7 rehabilitation and support of persons charged with and 
8 convicted of crime, the administration of criminal 
9 justice, and the administration of juvenile delinquency 
10 and dependency matters. 
11 (e) The State Public Defender shall establish a 
12recruitment and retention plan to ensure a skilled and diverse 
13workforce is available to serve clients in every part of the 
14State. 
15 (f) The State Public Defender shall establish and 
16supervise training programs for the State Public Defender's 
17employees. 
18 (g) The State Public Defender shall adopt rules, 
19instructions, and orders, consistent with this Act to further 
20define the organization of the Office of State Public Defender 
21and the duties of employees of the Office of the State Public 
22Defender. 
23 (h) The State Public Defender shall maintain a website to 
24provide the public with information about the Office of State 
25Public Defender and its organization, information on how to 
26join the Client Community Advisory Board, information for 
 
 
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1people seeking employment in public defense, supplementary 
2statistics and reports of public interest, reports to the 
3Commission and State agencies, and agendas, minutes, and 
4documents for Commission meetings. 
5 (i) The requirement for reporting to the General Assembly 
6shall be satisfied by filing copies of the report as required 
7by Section 3.1 of the General Assembly Organization Act and 
8filing such additional copies with the State Government Report 
9Distribution Center for the General Assembly as is required 
10under paragraph (t) of Section 7 of the State Library Act. 
11 (j) All required reports shall be simultaneously 
12transmitted to the Supreme Court and to the Governor. 

13 Section 35. Office of State Public Defender organization. 
14 (a) During the initial State Public Defender's 2-year 
15term, the State Public Defender shall establish a Public 
16Defender Advisory Board, composed of attorneys providing 
17public defense services in this State, including public 
18defenders, which shall meet regularly to advise the Office of 
19the State Public Defender regarding legal practice issues and 
20resource needs around the State and establishing workload, 
21staffing, and salary standards for the provision of public 
22defense throughout the State. 
23 (b) During the initial State Public Defender's term, the 
24State Public Defender shall collaborate with the Public 
25Defender Advisory Board to determine which judicial circuits 
 
 
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1or geographic regions require State public defenders and how 
2many public defenders and staff are required to supplement 
3existing public defenders, staff, and appointed counsel for 
4the State in order to comply with the State's legal and ethical 
5obligations. 
6 (c) During the initial State Public Defender's term, the 
7State Public Defender shall establish a Client Community 
8Advisory Board, composed of former clients and impacted 
9community members, which shall meet regularly to advise the 
10Office of the State Public Defender regarding client legal 
11issues and needs around the State. 
12 (d) During the initial State Public Defender's term, the 
13State Public Defender shall collaborate with the Public 
14Defender Advisory Board to devise an application and selection 
15process for whenever there is an open public defender 
16position.
17 (e) During the initial State Public Defender's term, the 
18State Public Defender shall establish a working group to 
19assess the availability of public defender representation and 
20adequacy of resources in proceedings under Article II of the 
21Juvenile Court Act. The working group members shall include 
22current public defenders, non-public defenders that provide 
23legal representation to parents/respondents, and nonprofit 
24advocates with expertise in parent legal representation and 
25shall meet regularly to advise the Office of the State Public 
26Defender regarding client legal issues and needs around the 
 
 
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1State.
2 (f) During the initial State Public Defender's term, the 
3State Public Defender shall establish a procedure for 
4distributions from the Public Defender Fund described under 
5Section 3-4014 of the Counties Code. 
6  (1) The purpose of the Public Defender Fund is to 
7 supplement, not displace, county-level public defender 
8 offices' budgets and to aid county public defenders in 
9 providing effective assistance of counsel to their 
10 clients. 
11  (2) State support, funding, and services provided to 
12 any county public defender office shall neither affect nor 
13 be offset by any reduction in existing or projected public 
14 defender office budgets. 
15  (3) Appropriate uses of funds include, but are not 
16 limited to: 
17   (A) hiring investigators, social workers, or 
18 mental health clinicians; 
19   (B) increasing compensation for attorney and 
20 non-attorney employees; 
21   (C) funding expert witnesses; and 
22   (D) training attorney and non-attorney employees. 
23  (4) Requests by countries for financial support from 
24 the Public Defender Fund shall originate solely from the 
25 chief public defender of any jurisdiction and shall be 
26 submitted directly to the Office of the State Public 
 
 
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1 Defender. Financial support shall be paid to the county in 
2 which the requesting chief public defender practices, and 
3 the county treasurer shall cause that entire amount to be 
4 placed in the operating budget of the public defender for 
5 immediate use. 
6  (5) County public defender offices shall provide the 
7 Office of State Public Defender with a report including a 
8 detailed accounting of the provided funds and an 
9 evaluation of the impact of the provided funds within a 
10 reasonable time frame established by the Office of State 
11 Public Defender. 
12 (g) Following the planning phase described in subsections 
13(a) through (f), the State Public Defender may establish 
14regional offices. The State Public Defender shall appoint a 
15deputy defender for each regional office who shall serve as 
16the administrator of that office. Each deputy defender must be 
17an attorney licensed to practice law in this State. Deputy 
18public defenders shall serve at the pleasure of the State 
19Public Defender. 
20 (h) The Office of the State Public Defender shall hire and 
21train new State-employed personnel to carry out the Office's 
22duties under this Act, including, but not limited to, 
23attorneys licensed to practice law in this State, and 
24administrative, investigative, and social services employees. 
25Nothing in this Act shall be construed to invalidate, 
26diminish, or otherwise interfere with any collective 
 
 
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1bargaining agreement or representation rights under the 
2Illinois Public Labor Relations Act, if applicable. 
3 (i) Deputy defenders shall employ, with the approval of 
4the State Public Defender, assistant public defenders, 
5investigators, social services staff, administrative staff, 
6and other employees under their direct supervision, as 
7described in subsection (h) of this Section. 
8 (j) Attorneys employed by the Office of the State Public 
9Defender shall devote full time to their duties, except as 
10provided in Section 50, and may not engage in the private 
11practice of law.

12 Section 40. State Public Defender Commission. 
13 (a) The State Public Defender Commission is hereby created 
14as an independent body within the judicial branch. The 
15Commission shall be composed of 11 members, appointed as 
16follows: 
17  (1) Two members appointed by the Governor from a panel 
18 of 5 persons nominated by a nonprofit organization created 
19 by and composed of Illinois' public defenders to advance 
20 public defense practice; 
21  (2) Two members appointed by the Supreme Court from a 
22 panel of 5 persons nominated by an organization of 
23 Illinois chief public defenders; 
24  (3) One member appointed by the Supreme Court from a 
25 panel of 3 criminal defense lawyers nominated by a 
 
 
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1 voluntary association of lawyers which aims to assist 
2 Illinois lawyers in the practice of law and to promote the 
3 advancement of justice;
4  (4) one member appointed by the Speaker of the House 
5 of Representatives; 
6  (5) one member appointed by the Minority Leader of the 
7 House of Representatives; 
8  (6) one member appointed by the President of the 
9 Senate; 
10  (7) one member appointed by the Minority Leader of the 
11 Senate; 
12  (8) one member appointed by the Governor representing 
13 community-based organizations that support the success of 
14 people impacted by the criminal or juvenile delinquency 
15 and dependency legal systems; and
16  (9) one member appointed by the Governor representing 
17 organizations advocating for civil rights or criminal or 
18 juvenile delinquency or dependency legal system reform. 
19 All appointments shall be filed with the Secretary of 
20State by the appointing authority. The terms of the original 
21members shall be as follows: 5 members shall be appointed to 
222-year terms and until a successor is appointed and qualified 
23and 6 members shall be appointed to 4-year terms and until a 
24successor is appointed and qualified. Thereafter, all members 
25shall be appointed to 4-year terms and until a successor is 
26appointed and qualified. The chairperson, at the first meeting 
 
 
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1of the Commission, shall conduct a drawing by lot to determine 
2whether each original member shall be appointed to a 2-year or 
34-year term.
4 (b) Persons appointed to the Commission shall have 
5significant experience in the defense of indigent clients in 
6criminal or juvenile proceedings or shall have demonstrated a 
7strong commitment to quality representation in indigent 
8defense matters. No person shall be appointed to the 
9Commission who, within the 2 years prior to appointment, has 
10received compensation to be a judge, elected official, 
11judicial officer, prosecutor, or law enforcement official, or 
12who has served as an employee of such a person.
13 (c) No member may serve more than 2 full 4-year terms. 
14Vacancies in the membership of the Commission are to be filled 
15in the same manner as original appointments. A vacancy shall 
16be declared upon any member missing 3 or more meetings in a row 
17unless the chairperson finds there was good cause for the 
18absences. Appointments to fill vacancies occurring before the 
19expiration of a term are for the remainder of the unexpired 
20term.
21 (d) Members of the Commission shall elect from the 
22membership of the Commission a chairperson, vice-chairperson, 
23and secretary. No officer may serve more than one full 4-year 
24term as an officer. The Commission shall meet quarterly. The 
25chairperson shall determine the time and place of meetings. 
26Additional meetings may be held upon petition to the 
 
 
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1chairperson by 7 or more members of the Commission or upon the 
2call of the chairperson after 7 days written notice to the 
3members. 
4 (e) The Commission shall approve the Office of State 
5Public Defender distribution of the Public Defender Fund under 
6Section 3-4014 of the Counties Code.
7 (f) Members of the Commission may receive a stipend upon 
8demonstrated need, based on a decision of the chairperson. 
9Members of the Commission shall receive reimbursement for 
10actual expenses incurred in the performance of the member's 
11duties.
12 (g) Six members of the Commission constitute a quorum.
13 (h) Records and proceedings of the Commission shall be 
14subject to the Open Meetings Act and Freedom of Information 
15Act.

16 Section 45. Powers and Duties of the State Public Defender 
17Commission. 
18 (a) After the term of the initial State Public Defender 
19concludes, the Commission, by a vote of a majority of the 
20members of the Commission, shall appoint a State Public 
21Defender for a 6-year term and until the State Public 
22Defender's successor is appointed and qualified. The State 
23Public Defender must be an attorney licensed to practice law 
24in this State and must have criminal defense experience. The 
25State Public Defender shall devote full time to the duties of 
 
 
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1the Office of State Public Defender and may not engage in the 
2private practice of law. 
3 (b) The State Public Defender shall draft, and the 
4Commission shall approve and publish, standards for 
5trial-level public defense in the State, including 
6identification of workload standards and ratios of attorney to 
7non-attorney staff, such as investigators, mitigators, social 
8workers, and administrative support staff. 
9 (c) The Commission shall approve or modify an operational 
10budget and the Public Defender Fund expenditures submitted to 
11the Commission by the State Public Defender. 
12 (d) The Commission may remove the State Public Defender 
13only for cause and after a hearing. The Commission may hold 
14such a hearing on the Commission's own motion and may adopt 
15rules establishing other procedures for the hearing. 
16 (e) The State Public Defender shall submit reports to the 
17Commission on the operation of the Office of State Public 
18Defender at each quarterly meeting. The State Public Defender 
19shall submit a comprehensive report to the Commission at the 
20end of each fiscal year. The Commission may require the State 
21Public Defender to submit additional or amended reports on any 
22aspect of the operation of the Office of State Public 
23Defender.

24 Section 50. Shared position. For purposes of this Section, 
25"shared position" means a position in which individuals share 
 
 
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1the salary and employee benefits. For purposes of seniority, 
2each individual shall receive credit at a rate equal to the 
3percentage of time employed in a shared position. Attorneys 
4sharing a position may not engage in the private practice of 
5law.

6 Section 80. The Freedom of Information Act is amended by 
7changing Section 7 as follows:

8 (5 ILCS 140/7)
9 Sec. 7. Exemptions. 
10 (1) When a request is made to inspect or copy a public 
11record that contains information that is exempt from 
12disclosure under this Section, but also contains information 
13that is not exempt from disclosure, the public body may elect 
14to redact the information that is exempt. The public body 
15shall make the remaining information available for inspection 
16and copying. Subject to this requirement, the following shall 
17be exempt from inspection and copying: 
18  (a) Records created or compiled by a State public 
19 defender agency or commission subject to this Act that 
20 contain: individual client identity; individual case file 
21 information; records that are otherwise subject to 
22 attorney-client privilege; records that would not be 
23 discoverable in litigation; records under Section 2.15; 
24 training materials; records related to attorney 
 
 
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1 consultation and representation strategy; or any of the 
2 above concerning clients of county public defenders or 
3 other defender agencies and firms. This exclusion does not 
4 apply to de-identified, aggregated, administrative 
5 records, such as general case processing and workload 
6 information. 
7  (a-5) (a) Information specifically prohibited from 
8 disclosure by federal or State law or rules and 
9 regulations implementing federal or State law. 
10  (b) Private information, unless disclosure is required 
11 by another provision of this Act, a State or federal law, 
12 or a court order. 
13  (b-5) Files, documents, and other data or databases 
14 maintained by one or more law enforcement agencies and 
15 specifically designed to provide information to one or 
16 more law enforcement agencies regarding the physical or 
17 mental status of one or more individual subjects. 
18  (c) Personal information contained within public 
19 records, the disclosure of which would constitute a 
20 clearly unwarranted invasion of personal privacy, unless 
21 the disclosure is consented to in writing by the 
22 individual subjects of the information. "Unwarranted 
23 invasion of personal privacy" means the disclosure of 
24 information that is highly personal or objectionable to a 
25 reasonable person and in which the subject's right to 
26 privacy outweighs any legitimate public interest in 
 
 
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1 obtaining the information. The disclosure of information 
2 that bears on the public duties of public employees and 
3 officials shall not be considered an invasion of personal 
4 privacy. 
5  (d) Records in the possession of any public body 
6 created in the course of administrative enforcement 
7 proceedings, and any law enforcement or correctional 
8 agency for law enforcement purposes, but only to the 
9 extent that disclosure would: 
10   (i) interfere with pending or actually and 
11 reasonably contemplated law enforcement proceedings 
12 conducted by any law enforcement or correctional 
13 agency that is the recipient of the request; 
14   (ii) interfere with active administrative 
15 enforcement proceedings conducted by the public body 
16 that is the recipient of the request; 
17   (iii) create a substantial likelihood that a 
18 person will be deprived of a fair trial or an impartial 
19 hearing; 
20   (iv) unavoidably disclose the identity of a 
21 confidential source, confidential information 
22 furnished only by the confidential source, or persons 
23 who file complaints with or provide information to 
24 administrative, investigative, law enforcement, or 
25 penal agencies; except that the identities of 
26 witnesses to traffic crashes, traffic crash reports, 
 
 
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1 and rescue reports shall be provided by agencies of 
2 local government, except when disclosure would 
3 interfere with an active criminal investigation 
4 conducted by the agency that is the recipient of the 
5 request; 
6   (v) disclose unique or specialized investigative 
7 techniques other than those generally used and known 
8 or disclose internal documents of correctional 
9 agencies related to detection, observation, or 
10 investigation of incidents of crime or misconduct, and 
11 disclosure would result in demonstrable harm to the 
12 agency or public body that is the recipient of the 
13 request; 
14   (vi) endanger the life or physical safety of law 
15 enforcement personnel or any other person; or 
16   (vii) obstruct an ongoing criminal investigation 
17 by the agency that is the recipient of the request. 
18  (d-5) A law enforcement record created for law 
19 enforcement purposes and contained in a shared electronic 
20 record management system if the law enforcement agency 
21 that is the recipient of the request did not create the 
22 record, did not participate in or have a role in any of the 
23 events which are the subject of the record, and only has 
24 access to the record through the shared electronic record 
25 management system. 
26  (d-6) Records contained in the Officer Professional 
 
 
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1 Conduct Database under Section 9.2 of the Illinois Police 
2 Training Act, except to the extent authorized under that 
3 Section. This includes the documents supplied to the 
4 Illinois Law Enforcement Training Standards Board from the 
5 Illinois State Police and Illinois State Police Merit 
6 Board. 
7  (d-7) Information gathered or records created from the 
8 use of automatic license plate readers in connection with 
9 Section 2-130 of the Illinois Vehicle Code. 
10  (e) Records that relate to or affect the security of 
11 correctional institutions and detention facilities. 
12  (e-5) Records requested by persons committed to the 
13 Department of Corrections, Department of Human Services 
14 Division of Mental Health, or a county jail if those 
15 materials are available in the library of the correctional 
16 institution or facility or jail where the inmate is 
17 confined. 
18  (e-6) Records requested by persons committed to the 
19 Department of Corrections, Department of Human Services 
20 Division of Mental Health, or a county jail if those 
21 materials include records from staff members' personnel 
22 files, staff rosters, or other staffing assignment 
23 information. 
24  (e-7) Records requested by persons committed to the 
25 Department of Corrections or Department of Human Services 
26 Division of Mental Health if those materials are available 
 
 
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1 through an administrative request to the Department of 
2 Corrections or Department of Human Services Division of 
3 Mental Health. 
4  (e-8) Records requested by a person committed to the 
5 Department of Corrections, Department of Human Services 
6 Division of Mental Health, or a county jail, the 
7 disclosure of which would result in the risk of harm to any 
8 person or the risk of an escape from a jail or correctional 
9 institution or facility.
10  (e-9) Records requested by a person in a county jail 
11 or committed to the Department of Corrections or 
12 Department of Human Services Division of Mental Health, 
13 containing personal information pertaining to the person's 
14 victim or the victim's family, including, but not limited 
15 to, a victim's home address, home telephone number, work 
16 or school address, work telephone number, social security 
17 number, or any other identifying information, except as 
18 may be relevant to a requester's current or potential case 
19 or claim. 
20  (e-10) Law enforcement records of other persons 
21 requested by a person committed to the Department of 
22 Corrections, Department of Human Services Division of 
23 Mental Health, or a county jail, including, but not 
24 limited to, arrest and booking records, mug shots, and 
25 crime scene photographs, except as these records may be 
26 relevant to the requester's current or potential case or 
 
 
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1 claim. 
2  (f) Preliminary drafts, notes, recommendations, 
3 memoranda, and other records in which opinions are 
4 expressed, or policies or actions are formulated, except 
5 that a specific record or relevant portion of a record 
6 shall not be exempt when the record is publicly cited and 
7 identified by the head of the public body. The exemption 
8 provided in this paragraph (f) extends to all those 
9 records of officers and agencies of the General Assembly 
10 that pertain to the preparation of legislative documents. 
11  (g) Trade secrets and commercial or financial 
12 information obtained from a person or business where the 
13 trade secrets or commercial or financial information are 
14 furnished under a claim that they are proprietary, 
15 privileged, or confidential, and that disclosure of the 
16 trade secrets or commercial or financial information would 
17 cause competitive harm to the person or business, and only 
18 insofar as the claim directly applies to the records 
19 requested.
20  The information included under this exemption includes 
21 all trade secrets and commercial or financial information 
22 obtained by a public body, including a public pension 
23 fund, from a private equity fund or a privately held 
24 company within the investment portfolio of a private 
25 equity fund as a result of either investing or evaluating 
26 a potential investment of public funds in a private equity 
 
 
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1 fund. The exemption contained in this item does not apply 
2 to the aggregate financial performance information of a 
3 private equity fund, nor to the identity of the fund's 
4 managers or general partners. The exemption contained in 
5 this item does not apply to the identity of a privately 
6 held company within the investment portfolio of a private 
7 equity fund, unless the disclosure of the identity of a 
8 privately held company may cause competitive harm.
9  Nothing contained in this paragraph (g) shall be 
10 construed to prevent a person or business from consenting 
11 to disclosure. 
12  (h) Proposals and bids for any contract, grant, or 
13 agreement, including information which if it were 
14 disclosed would frustrate procurement or give an advantage 
15 to any person proposing to enter into a contractor 
16 agreement with the body, until an award or final selection 
17 is made. Information prepared by or for the body in 
18 preparation of a bid solicitation shall be exempt until an 
19 award or final selection is made. 
20  (i) Valuable formulae, computer geographic systems, 
21 designs, drawings, and research data obtained or produced 
22 by any public body when disclosure could reasonably be 
23 expected to produce private gain or public loss. The 
24 exemption for "computer geographic systems" provided in 
25 this paragraph (i) does not extend to requests made by 
26 news media as defined in Section 2 of this Act when the 
 
 
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1 requested information is not otherwise exempt and the only 
2 purpose of the request is to access and disseminate 
3 information regarding the health, safety, welfare, or 
4 legal rights of the general public. 
5  (j) The following information pertaining to 
6 educational matters:
7   (i) test questions, scoring keys, and other 
8 examination data used to administer an academic 
9 examination; 
10   (ii) information received by a primary or 
11 secondary school, college, or university under its 
12 procedures for the evaluation of faculty members by 
13 their academic peers; 
14   (iii) information concerning a school or 
15 university's adjudication of student disciplinary 
16 cases, but only to the extent that disclosure would 
17 unavoidably reveal the identity of the student; and
18   (iv) course materials or research materials used 
19 by faculty members. 
20  (k) Architects' plans, engineers' technical 
21 submissions, and other construction related technical 
22 documents for projects not constructed or developed in 
23 whole or in part with public funds and the same for 
24 projects constructed or developed with public funds, 
25 including, but not limited to, power generating and 
26 distribution stations and other transmission and 
 
 
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1 distribution facilities, water treatment facilities, 
2 airport facilities, sport stadiums, convention centers, 
3 and all government owned, operated, or occupied buildings, 
4 but only to the extent that disclosure would compromise 
5 security. 
6  (l) Minutes of meetings of public bodies closed to the 
7 public as provided in the Open Meetings Act until the 
8 public body makes the minutes available to the public 
9 under Section 2.06 of the Open Meetings Act. 
10  (m) Communications between a public body and an 
11 attorney or auditor representing the public body that 
12 would not be subject to discovery in litigation, and 
13 materials prepared or compiled by or for a public body in 
14 anticipation of a criminal, civil, or administrative 
15 proceeding upon the request of an attorney advising the 
16 public body, and materials prepared or compiled with 
17 respect to internal audits of public bodies. 
18  (n) Records relating to a public body's adjudication 
19 of employee grievances or disciplinary cases; however, 
20 this exemption shall not extend to the final outcome of 
21 cases in which discipline is imposed. 
22  (o) Administrative or technical information associated 
23 with automated data processing operations, including, but 
24 not limited to, software, operating protocols, computer 
25 program abstracts, file layouts, source listings, object 
26 modules, load modules, user guides, documentation 
 
 
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1 pertaining to all logical and physical design of 
2 computerized systems, employee manuals, and any other 
3 information that, if disclosed, would jeopardize the 
4 security of the system or its data or the security of 
5 materials exempt under this Section. 
6  (p) Records relating to collective negotiating matters 
7 between public bodies and their employees or 
8 representatives, except that any final contract or 
9 agreement shall be subject to inspection and copying. 
10  (q) Test questions, scoring keys, and other 
11 examination data used to determine the qualifications of 
12 an applicant for a license or employment. 
13  (r) The records, documents, and information relating 
14 to real estate purchase negotiations until those 
15 negotiations have been completed or otherwise terminated. 
16 With regard to a parcel involved in a pending or actually 
17 and reasonably contemplated eminent domain proceeding 
18 under the Eminent Domain Act, records, documents, and 
19 information relating to that parcel shall be exempt except 
20 as may be allowed under discovery rules adopted by the 
21 Illinois Supreme Court. The records, documents, and 
22 information relating to a real estate sale shall be exempt 
23 until a sale is consummated. 
24  (s) Any and all proprietary information and records 
25 related to the operation of an intergovernmental risk 
26 management association or self-insurance pool or jointly 
 
 
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1 self-administered health and accident cooperative or pool. 
2 Insurance or self-insurance (including any 
3 intergovernmental risk management association or 
4 self-insurance pool) claims, loss or risk management 
5 information, records, data, advice, or communications. 
6  (t) Information contained in or related to 
7 examination, operating, or condition reports prepared by, 
8 on behalf of, or for the use of a public body responsible 
9 for the regulation or supervision of financial 
10 institutions, insurance companies, or pharmacy benefit 
11 managers, unless disclosure is otherwise required by State 
12 law. 
13  (u) Information that would disclose or might lead to 
14 the disclosure of secret or confidential information, 
15 codes, algorithms, programs, or private keys intended to 
16 be used to create electronic signatures under the Uniform 
17 Electronic Transactions Act. 
18  (v) Vulnerability assessments, security measures, and 
19 response policies or plans that are designed to identify, 
20 prevent, or respond to potential attacks upon a 
21 community's population or systems, facilities, or 
22 installations, but only to the extent that disclosure 
23 could reasonably be expected to expose the vulnerability 
24 or jeopardize the effectiveness of the measures, policies, 
25 or plans, or the safety of the personnel who implement 
26 them or the public. Information exempt under this item may 
 
 
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1 include such things as details pertaining to the 
2 mobilization or deployment of personnel or equipment, to 
3 the operation of communication systems or protocols, to 
4 cybersecurity vulnerabilities, or to tactical operations. 
5  (w) (Blank). 
6  (x) Maps and other records regarding the location or 
7 security of generation, transmission, distribution, 
8 storage, gathering, treatment, or switching facilities 
9 owned by a utility, by a power generator, or by the 
10 Illinois Power Agency. 
11  (y) Information contained in or related to proposals, 
12 bids, or negotiations related to electric power 
13 procurement under Section 1-75 of the Illinois Power 
14 Agency Act and Section 16-111.5 of the Public Utilities 
15 Act that is determined to be confidential and proprietary 
16 by the Illinois Power Agency or by the Illinois Commerce 
17 Commission. 
18  (z) Information about students exempted from 
19 disclosure under Section 10-20.38 or 34-18.29 of the 
20 School Code, and information about undergraduate students 
21 enrolled at an institution of higher education exempted 
22 from disclosure under Section 25 of the Illinois Credit 
23 Card Marketing Act of 2009. 
24  (aa) Information the disclosure of which is exempted 
25 under the Viatical Settlements Act of 2009. 
26  (bb) Records and information provided to a mortality 
 
 
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1 review team and records maintained by a mortality review 
2 team appointed under the Department of Juvenile Justice 
3 Mortality Review Team Act. 
4  (cc) Information regarding interments, entombments, or 
5 inurnments of human remains that are submitted to the 
6 Cemetery Oversight Database under the Cemetery Care Act or 
7 the Cemetery Oversight Act, whichever is applicable.
8  (dd) Correspondence and records (i) that may not be 
9 disclosed under Section 11-9 of the Illinois Public Aid 
10 Code or (ii) that pertain to appeals under Section 11-8 of 
11 the Illinois Public Aid Code. 
12  (ee) The names, addresses, or other personal 
13 information of persons who are minors and are also 
14 participants and registrants in programs of park 
15 districts, forest preserve districts, conservation 
16 districts, recreation agencies, and special recreation 
17 associations.
18  (ff) The names, addresses, or other personal 
19 information of participants and registrants in programs of 
20 park districts, forest preserve districts, conservation 
21 districts, recreation agencies, and special recreation 
22 associations where such programs are targeted primarily to 
23 minors.
24  (gg) Confidential information described in Section 
25 1-100 of the Illinois Independent Tax Tribunal Act of 
26 2012. 
 
 
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1  (hh) The report submitted to the State Board of 
2 Education by the School Security and Standards Task Force 
3 under item (8) of subsection (d) of Section 2-3.160 of the 
4 School Code and any information contained in that report. 
5  (ii) Records requested by persons committed to or 
6 detained by the Department of Human Services under the 
7 Sexually Violent Persons Commitment Act or committed to 
8 the Department of Corrections under the Sexually Dangerous 
9 Persons Act if those materials: (i) are available in the 
10 library of the facility where the individual is confined; 
11 (ii) include records from staff members' personnel files, 
12 staff rosters, or other staffing assignment information; 
13 or (iii) are available through an administrative request 
14 to the Department of Human Services or the Department of 
15 Corrections.
16  (jj) Confidential information described in Section 
17 5-535 of the Civil Administrative Code of Illinois. 
18  (kk) The public body's credit card numbers, debit card 
19 numbers, bank account numbers, Federal Employer 
20 Identification Number, security code numbers, passwords, 
21 and similar account information, the disclosure of which 
22 could result in identity theft or impression or defrauding 
23 of a governmental entity or a person. 
24  (ll) Records concerning the work of the threat 
25 assessment team of a school district, including, but not 
26 limited to, any threat assessment procedure under the 
 
 
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1 School Safety Drill Act and any information contained in 
2 the procedure.
3  (mm) Information prohibited from being disclosed under 
4 subsections (a) and (b) of Section 15 of the Student 
5 Confidential Reporting Act. 
6  (nn) Proprietary information submitted to the 
7 Environmental Protection Agency under the Drug Take-Back 
8 Act. 
9  (oo) Records described in subsection (f) of Section 
10 3-5-1 of the Unified Code of Corrections. 
11  (pp) Any and all information regarding burials, 
12 interments, or entombments of human remains as required to 
13 be reported to the Department of Natural Resources 
14 pursuant either to the Archaeological and Paleontological 
15 Resources Protection Act or the Human Remains Protection 
16 Act.
17  (qq) (pp) Reports described in subsection (e) of 
18 Section 16-15 of the Abortion Care Clinical Training 
19 Program Act. 
20  (rr) (pp) Information obtained by a certified local 
21 health department under the Access to Public Health Data 
22 Act. 
23  (ss) (pp) For a request directed to a public body that 
24 is also a HIPAA-covered entity, all information that is 
25 protected health information, including demographic 
26 information, that may be contained within or extracted 
 
 
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1 from any record held by the public body in compliance with 
2 State and federal medical privacy laws and regulations, 
3 including, but not limited to, the Health Insurance 
4 Portability and Accountability Act and its regulations, 45 
5 CFR Parts 160 and 164. As used in this paragraph, 
6 "HIPAA-covered entity" has the meaning given to the term 
7 "covered entity" in 45 CFR 160.103 and "protected health 
8 information" has the meaning given to that term in 45 CFR 
9 160.103. 
10 (1.5) Any information exempt from disclosure under the 
11Judicial Privacy Act shall be redacted from public records 
12prior to disclosure under this Act. 
13 (2) A public record that is not in the possession of a 
14public body but is in the possession of a party with whom the 
15agency has contracted to perform a governmental function on 
16behalf of the public body, and that directly relates to the 
17governmental function and is not otherwise exempt under this 
18Act, shall be considered a public record of the public body, 
19for purposes of this Act. 
20 (3) This Section does not authorize withholding of 
21information or limit the availability of records to the 
22public, except as stated in this Section or otherwise provided 
23in this Act. 
24(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 
25102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 
261-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, 
 
 
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1eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 
2103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 
38-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised 
49-7-23.)

5 Section 85. The Counties Code is amended by changing 
6Sections 3-4000, 3-4000.1, 3-4001, 3-4002, 3-4003, 3-4004, 
73-4004.2, 3-4005, 3-4007, 3-4008.1, 3-4009, 3-4010.1, and 
83-4014 as follows:

9 (55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000)
10 Sec. 3-4000. Legislative declaration. The General Assembly 
11recognizes that quality legal representation in criminal, 
12juvenile delinquency, and dependency proceedings and related 
13matters is a constitutional proceedings is a fundamental right 
14of the people of the State of Illinois and that there should be 
15no distinction in the availability of quality legal 
16representation based upon a person's ability inability to pay. 
17Therefore, it is the intent of the General Assembly to provide 
18for an effective county public defense system defender systems 
19throughout the State and encourage the active and substantial 
20participation of the private bar in the representation of 
21accused people indigent defendants.
22(Source: P.A. 87-111.)

23 (55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1)
 
 
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1 Sec. 3-4000.1. Definitions. In this Division, except when 
2a particular context clearly requires a different meaning, the 
3following definitions apply:
4 "Board" means the county board of commissioners.
5 "President" means the president, speaker, or chair of the 
6county board.
7 "Public defender" means a county chief public defender 
8appointed to the office of public defender by one or more 
9counties under Section 3-4001, 3-4002, or 3-4003.
10 "State Public Defender" has the meaning ascribed to it in 
11Section 3 of the State Public Defender Act. 
12(Source: P.A. 87-111.)

13 (55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)
14 Sec. 3-4001. Public defender in counties over 35,000. In 
15each county of this State containing 35,000 or more 
16inhabitants there is created the Office office of Public 
17Defender and the person or persons to be appointed to such 
18office shall be known as the Public Defender. No person shall 
19be eligible to or hold such office unless he is duly licensed 
20as an attorney and counsellor-at-law in this State.
21(Source: P.A. 86-962.)

22 (55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)
23 Sec. 3-4002. Public defender in counties of less than 
2435,000. In each county of this State containing less than 
 
 
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135,000 inhabitants, the county board may, by resolution, 
2create the Office office of Public Defender and the person 
3appointed to such office shall be known as the Public 
4Defender. No person shall be eligible to or hold such office 
5unless he or she is duly licensed as an attorney at law in this 
6State.
7(Source: P.A. 86-962.)

8 (55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)
9 Sec. 3-4003. Public defender in collaboration within the 
10same judicial circuit adjoining counties. Any 2 or more 
11adjoining counties of this State that are within the same 
12judicial circuit, may, by joint resolution of the several 
13county boards involved, create a common Office office of 
14Public Defender for the counties so joined or allow 
15representation in one county by the public defender appointed 
16in the collaborating county. The person or persons appointed 
17to the Office such office shall be known as the Public 
18Defender. No person shall be eligible to or hold the Office 
19such office unless he or she is duly licensed as an attorney at 
20law in this State.
21(Source: P.A. 86-962.)

22 (55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
23 Sec. 3-4004. Appointment of Public Defender in counties 
24under 1,000,000. When a vacancy occurs in the position of 
 
 
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1public defender, the State Public Defender shall nominate and 
2the State Public Defender Commission shall appoint a properly 
3qualified public defender using the application and selection 
4process developed under Section 35 of the State Public 
5Defender Act, As soon as may be after this Division becomes 
6applicable to a county with a population under 1,000,000, the 
7judges of the Circuit Court of the circuit in which the county 
8is located shall, by a majority vote of the entire number of 
9those judges, appoint to the office of Public Defender a 
10properly qualified person, who shall hold office, his death or 
11resignation not intervening, at the pleasure of the judges 
12competent to appoint. Whenever a vacancy occurs in the office 
13it shall be filled in the same manner, and the person appointed 
14to fill the vacancy shall have the same tenure of office.
15(Source: P.A. 86-962; 87-111.)

16 (55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
17 Sec. 3-4004.2. Qualifications of Public Defender and terms 
18of employment in counties over 35,000 1,000,000. In counties 
19with a population over 1,000,000, the following qualifications 
20and terms of employment shall apply:
21  (a) The public defender shall be The president shall 
22 select as Public Defender only a person with the following 
23 qualifications: an attorney whose practice of law has 
24 clearly demonstrated experience in the representation of 
25 persons accused of crime; who has been licensed to 
 
 
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1 practice law in this State or in another state for at least 
2 5 years; who has had administrative experience; and who is 
3 dedicated to the goals of providing high quality 
4 representation for eligible persons and to improving the 
5 quality of defense services generally.
6  (b) The Public Defender shall devote full time to the 
7 duties of the public defender system and shall not 
8 otherwise engage in the practice of law.
9  (c) Once approved, the The Public Defender once 
10 approved by the Board shall serve for 6 years and may be 
11 removed by the President only for good cause or 
12 dereliction of duty after notice and a hearing before the 
13 State Public Defender Commission Board. The effective date 
14 of this amendatory Act of 1991 shall be deemed the 
15 commencement of the term of the current public defender.
16  (d) (Blank). The Public Defender's compensation shall 
17 be set at a level that is commensurate with his 
18 qualifications and experience and professionally 
19 appropriate with the responsibility of the position. The 
20 Public Defender's compensation shall be comparable with 
21 that paid to circuit court judges, but in no event shall be 
22 more than that of the State's Attorney of the county.
23(Source: P.A. 87-111.)

24 (55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)
25 Sec. 3-4005. Oath of office. The person appointed as 
 
 
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1Public Defender, before entering on the duties of his office, 
2shall take and subscribe an oath of office in writing before 
3one of the judges qualified to administer it competent to 
4appoint, which oath shall be filed in the office of the County 
5Clerk.
6(Source: P.A. 86-962.)

7 (55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
8 Sec. 3-4007. Compensation. 
9 (a) The public defender shall be paid out of the county 
10treasury, and, subject to appropriation, shall be paid by the 
11Department of Revenue out of the Personal Property Tax 
12Replacement Fund or the General Revenue Fund as provided in 
13subsection (b), as the sole compensation for his or her 
14services a salary in an amount fixed by the County Board. When 
15a Public Defender in a county of 30,000 or more population is 
16receiving not less than 90% of the compensation of the State's 
17Attorney of such county, that Public Defender shall not engage 
18in the private practice of law.
19 (b) The State must pay 66 2/3% of the public defender's 
20annual salary. If the public defender is employed full-time in 
21that capacity, his or her salary must be at least equal to 90% 
22of that county's State's Attorney's attorney's annual 
23compensation and will be eligible for the same amount of 
24reimbursement as that county's State's Attorney under Section 
254-2001. Funding for assistant public defenders must be at 
 
 
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1least proportionate to that of assistant State's Attorneys, 
2including supplements for counties housing certain State 
3institutions as described Section 4-2001 of the Counties Code. 
4Subject to appropriation, these amounts furnished by the State 
5shall be payable monthly by the Department of Revenue out of 
6the Personal Property Tax Replacement Fund or the General 
7Revenue Fund to the county in which each Public Defender is 
8employed.
9 (c) In cases where 2 or more adjoining counties have 
10joined to form a common office of Public Defender or otherwise 
11collaborate under Section 3-4003, the salary of the Public 
12Defender shall be set and paid as provided by a joint 
13resolution of the various county boards involved.
14(Source: P.A. 97-72, eff. 7-1-11.)

15 (55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)
16 Sec. 3-4008.1. Assistant public defenders Assistants in 
17counties over 1,000,000. The Public Defender in counties with 
18a population over 1,000,000 shall appoint assistants, all duly 
19licensed practitioners, as that Public Defender shall deem 
20necessary for the proper discharge of the duties of the 
21office, who shall serve at the pleasure of the Public 
22Defender. The Public Defender shall also, in like manner, 
23appoint clerks and other employees necessary for the 
24transaction of the business of the office. The compensation of 
25and the appropriate number of assistants, clerks, and 
 
 
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1employees shall be fixed by the County Board and paid out of 
2the county treasury.
3(Source: P.A. 87-111.)

4 (55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009)
5 Sec. 3-4009. Office quarters; expenses. The County Boards 
6Board shall provide suitable office quarters for the use of 
7the Public Defender, and shall pay out of the county treasury 
8for necessary office, travel and other expenses incurred in 
9the defense of cases, including, but not limited to, social 
10workers, investigators, expert witnesses, mitigators, and 
11administrative staff. In counties of less than 500,000 
12population, such payment shall be made after the circuit court 
13of the county approves such expenses as being necessary and 
14proper. In cases where 2 or more adjoining counties have 
15joined to form a common office of Public Defender or otherwise 
16collaborate under Section 3-4003, the expenses incurred under 
17this Section shall be paid as provided for in a joint 
18resolution of the various county boards involved.
19(Source: P.A. 86-962.)

20 (55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)
21 Sec. 3-4010.1. Records; reports in counties over 
221,000,000. The public defender in counties with a population 
23over 35,000 1,000,000 shall keep a record of the services 
24rendered by the public defender him and prepare and file 
 
 
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1quarterly with the president and Commission a written report 
2of those services. If 2 or more adjoining counties have joined 
3to form a common Office of public defender or otherwise 
4collaborate under Section 3-4003, the public defender so 
5appointed shall file his or her quarterly report with each of 
6the several county boards involved. 
7(Source: P.A. 87-111.)

8 (55 ILCS 5/3-4014)
9 Sec. 3-4014. Public Defender Fund.
10 (a) (Blank).
11 (b) The Public Defender Fund is created as a special fund 
12in the State treasury. All money in the Public Defender Fund 
13shall be used, subject to appropriation, by the State Public 
14Defender Illinois Supreme Court to provide funding to counties 
15with a population of 3,000,000 or less for use by public 
16defenders for and public defender services and related 
17expenses pursuant to this Section 3-4014. 
18(Source: P.A. 102-1104, eff. 12-6-22; 103-8, eff. 7-1-23.)

19 (55 ILCS 5/3-4004.1 rep.)
20 (55 ILCS 5/3-4008 rep.)
21 (55 ILCS 5/3-4010 rep.)
22 (55 ILCS 5/3-4011 rep.)
23 (55 ILCS 5/3-4013 rep.)
24 Section 90. The Counties Code is amended by repealing 
 
 
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1Sections 3-4004.1, 3-4008, 3-4010, 3-4011, and 3-4013.
 
 
HB5842- 41 -LRB103 40494 RLC 72946 b


1
INDEX

2
Statutes amended in order of appearance