IllinoisHB4217104th General Assembly (2025–2026)House

COUNTIES CD-DEFENDER POWERS

Sponsored By: Sponsor information unavailable

Became Law

Summary

Amends the Officers and Employees Article of the Counties Code. Allows public defenders who are representing a client in a criminal case to also represent the client in summary suspension or revocation hearings under a specified provision in the Illinois Vehicle Code.

judiciary - criminalassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Free defense for indigent and youth

The county public defender represents you for free if you are in custody or charged and a judge finds you cannot afford a lawyer. This applies in any court in the county. When a judge appoints counsel under Section 1-5 of the Juvenile Court Act, the public defender represents the child at no cost. If you are convicted, the public defender prosecutes any review the judge deems needed in the interests of justice.

Lawyers for minors during questioning

In cases under Section 5-170 of the Juvenile Court Act, a minor under 15 can meet with a lawyer during police questioning. In counties with a full-time public defender, a public defender can represent the minor without a fee or appointment. In counties without a full-time office, the police must arrange a county‑contracted attorney for the minor to consult. If a judge finds at the first court hearing that the minor is not indigent, free public defender representation ends then.

Private lawyer if defender hurts rights

If you consent and the court finds a public defender appointment would hurt your rights, the judge appoints a private lawyer instead. That lawyer is paid as the law provides.

Public defenders for immigration cases

In counties with more than 3,000,000 people, and if the county board agrees, the public defender can represent noncitizens in immigration cases at no cost. This help covers matters that arise or are heard in that county and county residents with cases outside the county. The county board can allow broader coverage; otherwise, representation stays within those limits.

Help with license suspension hearings

After a public defender is appointed in your criminal case, the defender can choose to handle a related driver’s license summary suspension from the same arrest (Section 2-118.1). This law does not create a right to a public defender in those suspension hearings. You may need to hire a lawyer if you want counsel there.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Javier L. Cervantes

    Affiliation unavailable

  • Kelly M. Cassidy

    Affiliation unavailable

  • Rick Ryan

    Affiliation unavailable

  • Robert F. Martwick

    Affiliation unavailable

  • Will Guzzardi

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 152 • No: 53

Senate vote 5/20/2026

Third Reading - Passed;

Yes: 43 • No: 15

Senate vote 5/6/2026

Do Pass Executive;

Yes: 10 • No: 3

House vote 4/14/2026

Third Reading - Short Debate - Passed

Yes: 82 • No: 28

House vote 4/7/2026

House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 8 • No: 2

House vote 2/24/2026

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 9 • No: 5

Actions Timeline

  1. Public Act . . . . . . . . . 104-0482

    6/26/2026House
  2. Effective Date January 1, 2027

    6/26/2026House
  3. Governor Approved

    6/26/2026House
  4. Sent to the Governor

    6/18/2026House
  5. Passed Both Houses

    5/20/2026House
  6. Third Reading - Passed; 043-015-000

    5/20/2026Senate
  7. Placed on Calendar Order of 3rd Reading May 18, 2026

    5/14/2026Senate
  8. Second Reading

    5/14/2026Senate
  9. Placed on Calendar Order of 2nd Reading May 7, 2026

    5/6/2026Senate
  10. Do Pass Executive; 010-003-000

    5/6/2026Senate
  11. Added as Alternate Co-Sponsor Sen. Javier L. Cervantes

    4/29/2026Senate
  12. Assigned to Executive

    4/28/2026Senate
  13. Referred to Assignments

    4/15/2026Senate
  14. First Reading

    4/15/2026Senate
  15. Chief Senate Sponsor Sen. Robert F. Martwick

    4/15/2026Senate
  16. Placed on Calendar Order of First Reading

    4/15/2026Senate
  17. Arrive in Senate

    4/15/2026Senate
  18. Third Reading - Short Debate - Passed 082-028-000

    4/14/2026House
  19. Placed on Calendar Order of 3rd Reading - Short Debate

    4/14/2026House
  20. House Floor Amendment No. 2 Adopted

    4/14/2026House
  21. Held on Calendar Order of Second Reading - Short Debate

    4/10/2026House
  22. Second Reading - Short Debate

    4/10/2026House
  23. House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 008-002-000

    4/7/2026House
  24. House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee

    3/18/2026House
  25. House Floor Amendment No. 2 Referred to Rules Committee

    2/27/2026House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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