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IllinoisHB3363104th General Assembly (2025–2026)HouseWALLET

STATE PUBLIC DEFENDER

Sponsored By: Dave Vella (Democratic)

Became Law

judiciary - criminalassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 8 benefits, 1 costs, 2 mixed.

Independent commission oversees public defense

Effective July 1, 2026, an 11‑member State Public Defender Commission is created. Starting January 1, 2027, the Commission selects the State Public Defender for six‑year terms (the first is a two‑year appointment by the Illinois Supreme Court). The Commission may remove the State Public Defender only for cause after a hearing. It must approve the office budget and fund spending, and the State Public Defender must send any budget request to the Commission before the General Assembly. The Commission also approves how the Public Defender Fund is distributed. Beginning in 2027, it sets performance measures and publishes an annual report by December 15.

More state money for public defenders

Beginning January 1, 2027, a Public Defender Fund in the state treasury, if appropriated, supports counties with 3,000,000 or fewer people. The initial State Public Defender sets distribution rules; requests must come from the Chief County Public Defender, money goes into the defender budget, and counties must report results. Allowed uses include investigators, social workers, expert witnesses, trial tech, training, and pay increases. Also, the State pays two‑thirds (66 2/3%) of a public defender’s annual salary, and a full‑time Chief must earn at least 90% of the county State’s Attorney’s pay. Payments are made monthly from state funds when appropriated, and support for assistant public defenders must match support for Assistant State’s Attorneys.

New statewide public defender office

Beginning January 1, 2027, Illinois runs an independent Office of the State Public Defender. The office provides court‑appointed lawyers at no cost when a judge finds a person cannot afford one, including in juvenile cases. It can represent clients through regional offices and back up county public defenders. The office can send attorneys, experts, investigators, social workers, and trainers to help counties. It must ensure access to digital discovery, case management software, and legal research tools. It keeps a panel of private attorneys for appointments and may run law‑student assistant programs. State support must add to, not replace, county funds, and counties must certify they will not cut local public‑defense funding.

Statewide caseload and staffing limits

Beginning January 1, 2027, the State Public Defender sets statewide trial‑level defense standards, and the Commission approves them. The rules cap attorney workloads by case type and set minimum levels for investigators and other staff. They require supervision matched to case complexity, private meeting space and videoconferencing, resources for experts and investigations, continuity of counsel when possible, and regular office evaluations.

No private practice for state defenders

Beginning January 1, 2027, attorneys employed by the State Public Defender must work full time and cannot practice privately. Shared positions split salary and benefits and give proportional seniority. Attorneys in shared positions also cannot do private law work.

Legal immunity for public defenders

Beginning January 1, 2027, state and county public defenders and related staff are not liable for damages for their legal work when acting within their job. This immunity does not cover willful and wanton misconduct.

State defender pay matches Attorney General

Beginning January 1, 2027, the State Public Defender’s annual salary equals the Attorney General’s annual salary.

Client voice and public info

Beginning January 1, 2027, the office keeps a public website with reports, meeting materials, job openings, and how to join the client advisory board. Within one year of the first State Public Defender’s start, a Client Community Advisory Board is created. Within one year, a Public Defender Advisory Board of defense lawyers is also formed. Within 12 months, a working group issues a report on juvenile public defense with input from defenders, a DCFS representative, and advocates.

Stronger privacy for defender records

Beginning January 1, 2027, most public defender records that reveal client identity, case files, investigations, attorney‑client communications, or legal strategy are exempt from public disclosure. De‑identified, aggregated data about workloads and operations can still be public.

New rules for county defender chiefs

Beginning January 1, 2027, the State Public Defender sets an application process for chief vacancies within one year and creates retention, investigation, hearing, and removal rules within two years. The State Public Defender may suspend immediately and appoint an acting chief when needed. In counties under 1,000,000 people, a local nominating committee recommends candidates and the Commission appoints. In counties over 1,000,000, the county President appoints with County Board advice and consent. Chiefs in counties over 1,000,000 must file quarterly reports on services.

Old county code sections repealed

Beginning January 1, 2027, four sections of the Counties Code (3‑4008, 3‑4010, 3‑4011, and 3‑4013) are repealed. This removes those older county‑level rules from state law.

Sponsors & Cosponsors

Sponsor

  • Dave Vella

    Democratic • House

Cosponsors

  • Adriane Johnson

    Democratic • Senate

  • Angelica Guerrero-Cuellar

    Democratic • House

  • Bill Cunningham

    Democratic • Senate

  • Cristina Castro

    Democratic • Senate

  • Dagmara Avelar

    Democratic • House

  • Daniel Didech

    Democratic • House

  • Emil Jones, III

    Democratic • Senate

  • Eva-Dina Delgado

    Democratic • House

  • Graciela Guzmán

    Democratic • Senate

  • Janet Yang Rohr

    Democratic • House

  • Javier L. Cervantes

    Democratic • Senate

  • Jennifer Gong-Gershowitz

    Democratic • House

  • Justin Slaughter

    Democratic • House

  • Karina Villa

    Democratic • Senate

  • Katie Stuart

    Democratic • House

  • Kelly M. Cassidy

    Democratic • House

  • Kevin John Olickal

    Democratic • House

  • Lakesia Collins

    Democratic • Senate

  • Laura Ellman

    Democratic • Senate

  • Lilian Jiménez

    Democratic • House

  • Lindsey LaPointe

    Democratic • House

  • Lisa Davis

    Democratic • House

  • Marcus C. Evans, Jr.

    Democratic • House

  • Margaret Croke

    Democratic • House

  • Mark L. Walker

    Democratic • Senate

  • Martha Deuter

    Democratic • House

  • Martin J. Moylan

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Matt Hanson

    Democratic • House

  • Michael Crawford

    Democratic • House

  • Michael J. Kelly

    Democratic • House

  • Mike Porfirio

    Democratic • Senate

  • Mike Simmons

    Democratic • Senate

  • Nabeela Syed

    Democratic • House

  • Natalie A. Manley

    Democratic • House

  • Norma Hernandez

    Democratic • House

  • Paul Faraci

    Democratic • Senate

  • Rick Ryan

    Democratic • House

  • Robert F. Martwick

    Democratic • Senate

  • Robert Peters

    Democratic • Senate

  • Sonya M. Harper

    Democratic • House

  • Terra Costa Howard

    Democratic • House

  • Tracy Katz Muhl

    Democratic • House

  • Will Guzzardi

    Democratic • House

  • Willie Preston

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 371 • No: 185

House vote • 5/31/2025

Senate Committee Amendment No. 2 House Concurs

Yes: 77 • No: 36

House vote • 5/31/2025

Motion Prevailed to Suspend Rule

Yes: 73 • No: 39

House vote • 5/31/2025

Senate Committee Amendment No. 3 House Concurs

Yes: 77 • No: 36

Senate vote • 5/31/2025

Third Reading - Passed;

Yes: 36 • No: 19

House vote • 5/31/2025

Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

House vote • 5/31/2025

Senate Committee Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

Senate vote • 5/29/2025

Do Pass as Amended Executive;

Yes: 8 • No: 4

House vote • 4/9/2025

Third Reading - Short Debate - Passed

Yes: 72 • No: 41

House vote • 4/8/2025

House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 8 • No: 5

House vote • 3/18/2025

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 10 • No: 5

Actions Timeline

  1. Public Act . . . . . . . . . 104-0300

    8/15/2025House

  2. Effective Date January 1, 2027; some provisions

    8/15/2025House

  3. Effective Date July 1, 2026; some provisions

    8/15/2025House

  4. Governor Approved

    8/15/2025House

  5. Sent to the Governor

    6/24/2025House

  6. Passed Both Houses

    5/31/2025House

  7. House Concurs

    5/31/2025House

  8. Senate Committee Amendment No. 3 House Concurs 077-036-000

    5/31/2025House

  9. Senate Committee Amendment No. 2 House Concurs 077-036-000

    5/31/2025House

  10. Motion Prevailed to Suspend Rule 073-039-000

    5/31/2025House

  11. Motion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Bob Morgan

    5/31/2025House

  12. Added Co-Sponsor Rep. Matt Hanson

    5/31/2025House

  13. Senate Committee Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/31/2025House

  14. Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/31/2025House

  15. Senate Committee Amendment No. 3 Motion to Concur Referred to Rules Committee

    5/31/2025House

  16. Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee

    5/31/2025House

  17. Senate Committee Amendment No. 3 Motion Filed Concur Rep. Dave Vella

    5/31/2025House

  18. Senate Committee Amendment No. 2 Motion Filed Concur Rep. Dave Vella

    5/31/2025House

  19. Placed on Calendar Order of Concurrence Senate Amendment(s) 2, 3

    5/31/2025House

  20. Arrived in House

    5/31/2025House

  21. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

    5/31/2025Senate

  22. Third Reading - Passed; 036-019-000

    5/31/2025Senate

  23. Placed on Calendar Order of 3rd Reading May 31, 2025

    5/30/2025Senate

  24. Second Reading

    5/30/2025Senate

  25. Placed on Calendar Order of 2nd Reading May 30, 2025

    5/29/2025Senate

Bill Text

  • Engrossed

    PDF

  • Enrolled

    PDF

  • House Amendment 1

    PDF

  • Introduced

    PDF

  • Senate Amendment 1

    PDF

  • Senate Amendment 2

    PDF

  • Senate Amendment 3

    PDF

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