Bill Text: IL HB3363 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Deletes provision that the initial State Public defender shall be nominated by the Illinois Public Defender Association and appointed for a 2-year term by a majority vote of the Supreme Court. Provides that the initial State Public Defender shall be appointed for a 2-year term by a majority vote of the Illinois Supreme Court. Deletes provision that the State Public Defender shall adopt rules, instructions, and orders, consistent with the State Public Defender 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. Provides that the State Public Defender may (rather than shall) appoint a deputy public defender for each regional office. Provides that the Office of the State Public Defender may (rather than shall) hire and train new State-employed personnel to carry out the Office's duties under the Act. Provides that the State Public Defender must be an attorney licensed to practice law in the State whose practice of law has clearly demonstrated experience in the representation of persons accused of crime; who has been licensed to 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 (rather than have criminal defense experience). In the amendatory changes to the Counties Code, makes changes to the appointment provisions concerning the Chief County Public Defender and to the State reimbursement for the compensation of the Chief County Public Defender and Assistant Public Defenders. Makes other technical changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 46)

Status: (Passed) 2025-08-15 - Public Act . . . . . . . . . 104-0300 [HB3363 Detail]

Download: Illinois-2025-HB3363-Enrolled.html

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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 defense 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.
"Chief County 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 created as an agency of State
government and as 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 are 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 in
any matter in which a county public defender or other attorney
may be appointed, and who the court finds are unable to afford
counsel. The Office of the State Public Defender shall be the

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attorney, without fee, when so appointed by the court under
the Juvenile Court Act of 1987.
(b) The initial State Public Defender shall be appointed
for a 2-year term by a majority vote of the Illinois 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 and other resources to county
public defenders;
(4) maintain a panel of private attorneys available to
serve as counsel on a case-by-case basis;
(5) provide funding and such other support designed to
improve, increase access to, and advance the cause of

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indigent defense, including aiding county public defenders
in providing effective assistance of counsel to their
clients. Such funding and support shall supplement, not
supplant, existing county public defender budgets and
services. Before receiving any funds provided under this
Section, a county must certify in writing to the State
that it will not reduce county funds provided for public
defense;
(6) establish programs, alone or in conjunction with
law schools, for the purpose of using law students as
legal assistants;
(7) ensure access to a digital discovery storage
management system, case management software, and legal
research subscriptions for county public defenders, taking
into consideration compatibility with existing county and
State-based systems; and
(8) 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, including collaboration with other
court stakeholders to advocate for adequate funding of
court systems.
(e) The State Public Defender shall establish a

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recruitment and retention plan to ensure a skilled and diverse
workforce is available to serve clients in every part of the
State, including establishing competitive salary scales.
(f) The State Public Defender shall establish and
supervise training programs for the State Public Defender's
employees.
(g) 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
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.
(h) 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.
(i) All required reports shall be simultaneously
transmitted to the Supreme Court and to the Governor.
Section 35. Office of State Public Defender organization.
(a) Within the first year of the initial State Public
Defender's term, the State Public Defender shall establish a

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Public Defender Advisory Board, composed of attorneys
providing public defense services in this State, including one
or more public defenders from each Appellate Court District,
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) Within the first 2 years of the initial State Public
Defender's term, the State Public Defender shall collaborate
with the Public Defender Advisory Board to determine which
judicial circuits or geographic regions require State public
defenders, how many public defenders and staff are required to
supplement existing county public defenders, staff, and
appointed counsel in order for the State of Illinois to comply
with its legal obligations, and what process should be used
for guiding and tracking recommendations to judges regarding
case assignments to State and county public defenders. Within
the first year of the initial State Public Defender's term,
the State Public Defender shall initiate a survey to determine
the number of employees and contractors providing public
defense services in the State and the types and numbers of
matters they are handling.
(c) Within the first year of the initial State Public
Defender's term, the State Public Defender shall establish a
Client Community Advisory Board, composed of former clients

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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) Within the first year of the initial State Public
Defender's term, the State Public Defender shall collaborate
with the Public Defender Advisory Board to devise an
application process for whenever there is an open Chief County
Public Defender position, including standards for job
descriptions and application requirements, and a process for
promotion of vacancies designed to recruit diverse, qualified
candidates.
Within the first 2 years of the initial State Public
Defender's term, the State Public Defender shall collaborate
with the Public Defender Advisory Board to devise standards
for retention and reappointment of Chief County Public
Defenders as well as a process for investigations and hearings
for removal of Chief County Public Defenders, including
immediate suspension when warranted. In the event a Chief
County Public Defender must be immediately removed or becomes
unable to serve in their position, the State Public Defender
is authorized to appoint an Acting Chief County Public
Defender.
(e) Within the first year of 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

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Article II of the Juvenile Court Act of 1987. The working group
members shall include current public defenders, non-public
defenders that provide legal representation to parents or
respondents, or both, a representative of the Department of
Children and Family Services with expertise in funding under
Title IV-E of the Social Security Act (42 U.S.C. 670 through
679c), and nonprofit advocates with expertise in parent legal
representation. The working group shall meet regularly to
advise the Office of the State Public Defender regarding
client legal issues and needs around the State. The working
group shall deliver its first report and recommendations no
later than 12 months after the appointment of the initial
State Public Defender.
(f) Immediately upon being appointed, the initial 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 supplant, county public defense 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 from any other source.
(3) Appropriate uses of funds include, but are not

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limited to:
(A) hiring investigators, social workers, or
mental health clinicians;
(B) increasing compensation for attorney and
non-attorney employees;
(C) funding expert witnesses, trial technology,
investigation expenses, and any other case-related
needs; and
(D) training attorney and non-attorney employees.
(4) Requests by counties for financial support from
the Public Defender Fund shall originate solely from the
Chief County Public Defender of any jurisdiction and shall
be submitted directly to the Office of the State Public
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

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regional offices. The State Public Defender may appoint a
deputy public defender for each regional office who shall
serve as the administrator of that office. Each deputy public
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 may 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
bargaining agreement or representation rights under the
Illinois Public Labor Relations Act, if applicable.
(i) Deputy public defenders may 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).
(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.

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(a) The State Public Defender Commission is 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;
(2) three members appointed by the Supreme Court;
(3) one member appointed by the Speaker of the House
of Representatives;
(4) one member appointed by the Minority Leader of the
House of Representatives;
(5) one member appointed by the President of the
Senate;
(6) one member appointed by the Minority Leader of the
Senate;
(7) 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
(8) 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 within 3 months of the
effective date of this Act and within 3 months of any
subsequent vacancy. 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

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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 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,

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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
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 first act of the Commission shall be to identify
the operational costs and funding sources for establishing the
Office of the State Public Defender.
(f) The Commission shall approve the Office of State
Public Defender distribution of the Public Defender Fund under
Section 3-4014 of the Counties Code.
(g) 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.
(h) Six members of the Commission constitute a quorum.
(i) 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) The Commission shall appoint, by a vote of a majority

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of its members, 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 whose practice of
law has clearly demonstrated experience in the representation
of persons accused of crime; who has been licensed to 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. The State Public Defender shall devote full time to
the duties of 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 to guarantee the right of indigent
defendants to the assistance of counsel as provided under the
Sixth Amendment of the United States Constitution. The
standards shall include, but are not limited to:
(1) maximum workloads for felony, misdemeanor,
traffic, juvenile, and post-conviction cases to be handled
by attorneys who provide public defense services;
(2) minimum staffing levels for non-attorney staff,
such as investigators, mitigators, social workers, and
administrative support staff;
(3) supervision and experience standards relative to

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case complexity;
(4) requirements to ensure that attorneys providing
public defense services are independent, free of conflicts
of interest, and free of economic disincentives or
incentives that impair defense counsel's ability to
provide effective representation;
(5) sufficient private office space, located at or
near the courthouse where the public defender practices,
and videoconferencing technology, to allow attorney-client
confidentiality to be safeguarded for meetings between
public defenders and their clients;
(6) adequate resources for expert witnesses, trial
technology, investigation expenses, and any other
case-related needs;
(7) continuous representation by one attorney
throughout the pendency of the case to the extent
possible; and
(8) ongoing, systematic evaluation of each public
defense agency.
(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.

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(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. As used in this Section,
"shared position" means a position in which individuals share
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 90. 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

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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 the State Public
Defender Act that contain: individual client identity;
individual case file information; individual investigation
records and other 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
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 deidentified, 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

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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
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

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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,
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

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(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
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

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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
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

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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
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

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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
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

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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
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

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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
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

HB3363 Enrolled - 26 - LRB104 10367 RLC 20442 b
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
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.

HB3363 Enrolled - 27 - LRB104 10367 RLC 20442 b
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
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

HB3363 Enrolled - 28 - LRB104 10367 RLC 20442 b
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
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

HB3363 Enrolled - 29 - LRB104 10367 RLC 20442 b
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
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

HB3363 Enrolled - 30 - LRB104 10367 RLC 20442 b
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.
(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.

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(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
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

HB3363 Enrolled - 32 - LRB104 10367 RLC 20442 b
Act.
(qq) Reports described in subsection (e) of Section
16-15 of the Abortion Care Clinical Training Program Act.
(rr) Information obtained by a certified local health
department under the Access to Public Health Data Act.
(ss) 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
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.
(tt) Proposals or bids submitted by engineering
consultants in response to requests for proposal or other
competitive bidding requests by the Department of
Transportation or the Illinois Toll Highway Authority.
(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

HB3363 Enrolled - 33 - LRB104 10367 RLC 20442 b
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,
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; 103-605,
eff. 7-1-24; 103-865, eff. 1-1-25.)
Section 95. The Illinois Criminal Justice Information Act
is amended by adding Section 16 as follows:
(20 ILCS 3930/16 new)
Sec. 16. Public defense performance metrics, data
collection, analysis and public reporting.
(a) The State Public Defender Commission shall identify
and implement a system of performance metrics to assess the

HB3363 Enrolled - 34 - LRB104 10367 RLC 20442 b
provision of indigent defense services in this State relative
to the standards established by the Commission under Section
45 of the State Public Defender Act and national standards and
benchmarks to ensure the State of Illinois complies with its
obligations under the Sixth Amendment of the United States
Constitution.
(b) The Commission has the authority and the duty to:
(1) establish procedures for the mandatory collection
of data concerning the operation of the Office of the
State Public Defender, the Commission, each indigent
criminal defense system, and the overall operation of
indigent criminal defense services in the State, including
provision of resources to facilitate integration of State
data collection with existing county and State-based data
reporting and case management systems and requirements;
and
(2) collect and receive from any department, division,
board, bureau, commission or other agency of the State, or
any political subdivision of the State or any public
authority, including but not limited to agencies of the
judicial branch, information and data including but not
limited to:
(A) the types of and numbers of matters in which
public defense services have been provided on an
annual basis in categories to be determined by the
Commission and in alignment with existing circuit

HB3363 Enrolled - 35 - LRB104 10367 RLC 20442 b
court data guidelines established by the
Administrative Office of the Illinois Courts;
(B) for each public defender agency and State's
Attorney's office:
(i) the number of administrators, attorneys,
and other staff who work at each agency, including
whether they are full-time or part-time and
whether they are employed or contracted; and the
salaries and other compensation paid to individual
administrators, attorneys and staff;
(ii) the funds and in-kind resources spent on
an annual basis for expert witnesses,
investigators, and other litigation costs;
(iii) the funds and in-kind resources spent on
an annual basis for office space, technology,
equipment and other fixed expenses;
(iv) the total numbers of matters, by
category, opened, disposed, and pending within
each annual period for each attorney and for the
agency in total;
(C) the criteria and procedures used to determine
whether a person is eligible to receive public
defender services, the number of persons considered
for and applicants denied such services, the reasons
for the denials, and the results of any review of such
denials; and

HB3363 Enrolled - 36 - LRB104 10367 RLC 20442 b
(D) the standards and criteria used by each county
to determine whether individual attorneys are
qualified to provide indigent legal services, and how
those standards and criteria compare to those set by
the State Public Defender Commission.
(c) The Commission shall analyze and evaluate the
collected data, and undertake any necessary research and
studies, in order to consider and recommend measures to
enhance the provision of indigent legal services relative to
the standards established by the Commission under the State
Public Defender Act and national standards and benchmarks.
(d) The Commission shall provide a written report on the
performance metrics to the Governor, General Assembly, and
Illinois Supreme Court, no later than December 15 of each year
commencing in the calendar year following the effective date
of this amendatory Act of the 104th General Assembly. The
Commission shall publish the report on its website.
Section 100. The Counties Code is amended by changing
Sections 3-4000, 3-4000.1, 3-4001, 3-4002, 3-4003, 3-4004,
3-4004.1, 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,

HB3363 Enrolled - 37 - LRB104 10367 RLC 20442 b
juvenile court proceedings and related matters is a
proceedings is a fundamental fundamental constitutional 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)
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.
"Chief County Public Defender" means a county chief public
defender appointed to the office of public defender in one or
more counties under Section 3-4001, 3-4002, or 3-4003.
"State Public Defender" has the meaning ascribed to it in
Section 10 of the State Public Defender Act.
(Source: P.A. 87-111.)

HB3363 Enrolled - 38 - LRB104 10367 RLC 20442 b
(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)
Sec. 3-4001. Chief County Public Defender 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 to be appointed to such
office shall be known as the Chief County 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. Chief County Public Defender defender in
counties of less than 35,000. In each county of this State
containing less than 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 Chief
County 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. Chief County Public Defender defender in
adjoining counties adjoining counties. Any 2 or more adjoining
counties of this State that are within the same judicial

HB3363 Enrolled - 39 - LRB104 10367 RLC 20442 b
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 appointed to the Office such office shall be known
as the Chief County 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 Chief County Public Defender
in counties under 3,000,000 1,000,000. When a vacancy occurs
in the position of Chief County Public Defender in a county
with a population under 3,000,000, the Chief Judge of the
Circuit Court in which the county is located, or counties if
the Chief Public Defender serves in 2 or more counties, shall
notify the State Public Defender. The State Public Defender
shall convene and co-chair a Local Nominating Committee
composed of between 4 and 6 members. The second co-chair of the
committee shall be the Chief Judge or a Circuit Judge serving
as their designee. The State Public Defender and the Circuit
Judges shall each appoint one-half of the other committee
members, who shall be familiar with the practice of public
defense in the relevant county and judicial circuit, including
criminal defense or representation of clients under the

HB3363 Enrolled - 40 - LRB104 10367 RLC 20442 b
Juvenile Court Act of 1987, or both. Membership shall be
diverse, include a variety of public defense stakeholders, and
be free from interests that would pose a conflict with the
effective operation of the public defender office. Members may
include, but are not limited to, representatives from legal
professional associations, law schools, the public defense
community, the private defense bar, the judiciary, county
government, community organizations, and former public
defender clients and their family members. No person shall be
appointed to the Committee who, within the 2 years prior to
appointment, has received compensation to be a prosecutor or
law enforcement official, or who has served as an employee of
such a person. The Local Nominating Committee shall recommend
one or more candidates to the State Public Defender
Commission, whose members shall then appoint a properly
qualified Chief County Public Defender from the candidate or
candidates submitted. Whenever a vacancy occurs in the office,
it shall be filled in the same manner, 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

HB3363 Enrolled - 41 - LRB104 10367 RLC 20442 b
manner, and the person appointed to fill the vacancy shall
begin a new 10-year term have the same tenure of office.
(Source: P.A. 86-962; 87-111.)
(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)
Sec. 3-4004.1. Appointment of Chief County Public Defender
in counties over 3,000,000 1,000,000. When a vacancy occurs in
the position of Chief County Public Defender in a county with a
population over 3,000,000 Whenever a vacancy shall occur in
the position of Public Defender in counties over 1,000,000, a
properly qualified person shall be appointed to the position
by the President with the advice and consent of the Board.
(Source: P.A. 87-111.)
(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
Sec. 3-4004.2. Qualifications of Chief County Public
Defender and terms of employment. In in counties with an
appointed Chief County Public Defender, over 1,000,000. In
counties with a population over 1,000,000, the following
qualifications and terms of employment shall apply:
(a) The Chief County 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 practice law in this State or in another state

HB3363 Enrolled - 42 - LRB104 10367 RLC 20442 b
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 Chief County 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) In counties over 3,000,000, the Chief County 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 Board. The effective date of this amendatory
Act of 1991 shall be deemed the commencement of the term of
the current public defender.
(c-5) In counties under 3,000,000, once approved, the
Chief County Public Defender shall serve for 10 years and
may be removed only for good cause or dereliction of duty
after notice and a hearing before the State Public
Defender Commission.
(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.

HB3363 Enrolled - 43 - LRB104 10367 RLC 20442 b
(e) At the expiration of a term, the Chief County
Public Defender may be reappointed to one or more
subsequent terms.
(f) Terms and qualifications apply to Chief County
Public Defenders appointed after the effective date of
this amendatory Act of the 104th General Assembly. Removal
only for cause or dereliction of duty applies to all Chief
County Public Defenders serving on the effective date of
this amendatory Act of the 104th General Assembly.
(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 Chief
County 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 Chief County Public Defender 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

HB3363 Enrolled - 44 - LRB104 10367 RLC 20442 b
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 Chief County Public Defender public
defender is employed full-time in that capacity, his or her
salary must be at least 95% 90% of that county's State's
Attorney's attorney's annual compensation and will be eligible
for the same amount of State reimbursement as that county's
State's Attorney under Section 4-2001. State funding for
assistant public defenders must be at least equal to that for
Assistant State's Attorneys, including supplements for
counties housing certain State institutions as described in
Section 4-2001. 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 Chief County 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 Chief
County Public Defender shall be set and paid as provided by a

HB3363 Enrolled - 45 - LRB104 10367 RLC 20442 b
joint resolution of the various county boards involved and the
counties shall be entitled to the same State reimbursements
described in subsection (b).
(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 Chief County Public Defender in
counties with a population over 1,000,000 shall appoint
assistants, all duly licensed practitioners, as that Chief
County Public Defender shall deem necessary for the proper
discharge of the duties of the office, who shall serve at the
pleasure of the Chief County Public Defender. The Chief County
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 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 Chief County Public Defender and other public defender
office employees, and shall pay out of the county treasury for
necessary office, travel and other expenses incurred in the

HB3363 Enrolled - 46 - LRB104 10367 RLC 20442 b
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 Chief County Public Defender public defender in
counties with a population over 35,000 1,000,000 shall keep a
record of the services rendered by the office of the public
defender him and prepare and file 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 Chief County Public Defender so appointed shall file his
or her quarterly report with each of the several county boards
involved.
(Source: P.A. 87-111.)

HB3363 Enrolled - 47 - LRB104 10367 RLC 20442 b
(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.)
Section 105. The Public and Appellate Defender Immunity
Act is amended by changing Section 5 as follows:
(745 ILCS 19/5)
Sec. 5. Immunity. No state or county public defender,
assistant state or county public defender, appellate defender,
or assistant appellate defender, acting within the scope of
his or her employment or contract, nor any person or entity
employing, supervising, assisting, or contracting for the
services of a state or county public defender, assistant state
or county public defender, appellate defender, or assistant
appellate defender, is liable for any damages in tort,
contract, or otherwise, in which the plaintiff seeks damages
by reason of legal or professional malpractice, except for

HB3363 Enrolled - 48 - LRB104 10367 RLC 20442 b
willful and wanton misconduct.
(Source: P.A. 91-877, eff. 6-30-00.)
(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 110. The Counties Code is amended by repealing
Sections 3-4008, 3-4010, 3-4011, and 3-4013.
Section 999. Effective date. This Act takes effect January
1, 2027, except Section 40 and this Section take effect July 1,
2026.