IllinoisHB3363104th General Assembly (2025–2026)HouseWALLET

STATE PUBLIC DEFENDER

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

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. 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.

judiciary - criminalassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 5 benefits, 1 costs, 5 mixed.

Free lawyers for eligible low-income people

The State Public Defender or a designee must represent eligible people without a fee when appointed by a court. For qualifying matters where counsel may be appointed, the person must lack a lawyer and be found unable to afford one. The law also requires free representation when appointed under the Juvenile Court Act of 1987.

Public defenders gain pay parity rules

A full-time chief county public defender must earn at least 95% of the county State's Attorney's annual pay. The county qualifies for the same state reimbursement amount provided for its State's Attorney. State funding for assistant defenders must at least match funding for assistant State's Attorneys, including applicable supplements. State payments depend on appropriations, and collaborating counties qualify for the same reimbursements. The State Public Defender earns the same annual salary as the Illinois Attorney General.

New quality standards for public defense

The State Public Defender must draft trial-defense standards for the State Public Defender Commission to approve and publish. Standards must cover workload limits, minimum support staffing, lawyer experience, supervision, independence, and conflicts of interest. They must address private meeting space, technology, investigators, experts, and other case resources. They must also address keeping the same lawyer when possible and regularly evaluating defense agencies.

Public reports track defense system performance

The State Public Defender Commission must set performance measures, collect statewide defense data, and recommend improvements. Reporting covers cases, workloads, staffing, pay, spending, eligibility decisions, and county lawyer qualifications. The rules cover the state office, Commission, and all indigent criminal-defense systems, with required agency data sharing. The Commission must publish an annual report and send it to the Governor, General Assembly, and Illinois Supreme Court. Reports are due December 15, starting in the calendar year after the Act's effective date.

State office strengthens county defense support

The law creates an independent State Public Defender office in Illinois's judicial branch. It must provide county defenders with digital evidence storage, case-management software, and legal research tools, considering existing systems. It must plan recruitment and retention with competitive pay scales and oversee employee training. A statewide staff and caseload survey must start within the initial defender's first year. Within two years, the defender and advisory board must identify staffing gaps and plan case-assignment tracking; regional offices can follow.

Clients face narrower defender malpractice claims

Beginning January 1, 2027, expanded immunity limits clients' ability to recover damages for legal or professional malpractice. It covers state, county, and appellate defenders, their assistants, and people or organizations employing, supervising, assisting, or contracting for their services. The protection applies to work within the defender's job or contract. It does not cover willful and wanton misconduct.

County defense chiefs face new rules

Below 3,000,000 residents, a 4-to-6-member local committee recommends candidates for chief defender vacancies; the State Public Defender Commission appoints them. Above 3,000,000 residents, the county board president appoints the chief with board approval. Chiefs appointed after the Act takes effect need criminal-defense and administrative experience, plus at least five years licensed as lawyers. They must work full time without private practice; terms are ten years below 3,000,000 residents and six years above it. Chiefs serving when the Act takes effect have removal protections: good cause or dereliction of duty, notice, and a hearing. Hearings are before the Commission below 3,000,000 residents and the county board above that population.

Shared defender jobs bar private practice

Attorneys sharing a public defender position share its salary and employee benefits. Each receives seniority credit based on the share of time worked. These attorneys cannot practice law privately. The law states no salary amount.

Counties support and share defense offices

Adjoining counties in the same judicial circuit can adopt joint resolutions to share an office or defenders across county lines. Chief defenders can appoint licensed assistant lawyers and other needed employees without the former population limit. County boards set employee numbers and pay, and county treasuries pay compensation. Counties must provide suitable office space and pay necessary office, travel, and defense expenses, including investigators, social workers, experts, mitigators, and administrative staff. Counties sharing services divide expenses through their joint resolution.

County defense grants require local spending

Beginning January 1, 2027, the Public Defender Fund supports counties with 3,000,000 people or fewer, subject to appropriations. The law sets no funding amount. A chief county defender must request support, and the State Public Defender Commission must approve the distribution. Grants add to county defense budgets; counties must promise in writing not to cut their own defense spending. Approved money goes immediately into defense operating budgets, with detailed accounting and impact reviews due on the state office's schedule.

Defense privacy limits public records access

The law shields specified public-defense records from public inspection and copying. Protected records include client identities, case files, investigations, privileged lawyer-client materials, and records unavailable through court discovery. It also shields training materials and client consultation or defense-strategy records involving state, county, and other defender offices or firms. The exclusion does not cover combined administrative records stripped of identifying details, including general case-processing and workload data.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Adriane L. Johnson

    Democratic • Senate

  • Angelica Guerrero-Cuellar

    Democratic • House

  • Bill Cunningham

    Democratic • Senate

  • Cristina Castro

    Democratic • Senate

  • Dagmara Avelar

    Democratic • House

  • Daniel Didech

    Democratic • House

  • Dave Vella

    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

Senate vote • 5/31/2025

Third Reading - Passed;

Yes: 36 • No: 19

House vote • 5/31/2025

Senate Committee Amendment No. 3 House Concurs

Yes: 77 • No: 36

House vote • 5/31/2025

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

Yes: 5 • No: 0

House vote • 5/31/2025

Motion Prevailed to Suspend Rule

Yes: 73 • No: 39

House vote • 5/31/2025

Senate Committee Amendment No. 2 House Concurs

Yes: 77 • No: 36

House vote • 5/31/2025

Senate Committee Amendment No. 2 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

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

  • Senate Amendment 3

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