HB3363 - 104th General Assembly (2025-2026)

STATE PUBLIC DEFENDER
Last Action
8/15/2025 - House: Public Act . . . . . . . . . 104-0300
Statutes Amended In Order of Appearance
New Act  
5 ILCS 140/7  
55 ILCS 5/3-4000  from Ch. 34, par. 3-4000
55 ILCS 5/3-4000.1  from Ch. 34, par. 3-4000.1
55 ILCS 5/3-4001  from Ch. 34, par. 3-4001
55 ILCS 5/3-4002  from Ch. 34, par. 3-4002
55 ILCS 5/3-4003  from Ch. 34, par. 3-4003
55 ILCS 5/3-4004  from Ch. 34, par. 3-4004
55 ILCS 5/3-4004.2  from Ch. 34, par. 3-4004.2
55 ILCS 5/3-4005  from Ch. 34, par. 3-4005
55 ILCS 5/3-4007  from Ch. 34, par. 3-4007
55 ILCS 5/3-4008.1  from Ch. 34, par. 3-4008.1
55 ILCS 5/3-4009  from Ch. 34, par. 3-4009
55 ILCS 5/3-4010.1  from Ch. 34, par. 3-4010.1
55 ILCS 5/3-4014  
55 ILCS 5/3-4004.1 rep.  
55 ILCS 5/3-4008 rep.  
55 ILCS 5/3-4010 rep.  
55 ILCS 5/3-4011 rep.  
55 ILCS 5/3-4013 rep.  
Synopsis As Introduced
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.

House Floor Amendment No. 1
Adds reference to:
20 ILCS 3930/16 new  
55 ILCS 5/3-4004.1  from Ch. 34, par. 3-4004.1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. In the State Public Defender Act, provides that the State Public Defender may ensure access to a digital discovery storage management system, case management software, and legal research subscriptions for each public defender office, taking into consideration compatibility with existing county and State-based systems. Provides that the State Public Defender shall collaborate with other court stakeholders to advocate for adequate funding of court systems. Provides that 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. Changes the process for the selection of the Chief County Public Defender. Establishes additional duties for the State Public Defender and the State Public Defender Commission. Makes other changes. Amends the Illinois Criminal Justice Information Act. Provides that the State Public Defender Commission shall identify and implement a system of performance metrics to assess the provision of indigent defense services in the State relative to the standards established by the Commission under 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. Amends various other Acts to make conforming changes. Adds an immediate effective date to the bill.

Senate Committee Amendment No. 2
Adds reference to:
745 ILCS 19/5  
Replaces everything after the enacting clause. 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.

Senate Committee Amendment No. 3
Further amends the bill as amended by Senate Amendment No. 2. Provides that the first act of the State Public Defender Commission shall be to identify the operational costs and funding sources for establishing the Office of the State Public Defender. Makes technical changes to the bill as amended. Changes the effective date of the bill to January 1, 2027, except that the provisions creating the State Public Defender Commission take effect July 1, 2026.
Actions
DateChamberAction
2/07/2025HouseFiled with the Clerk by Rep. Dave Vella
2/18/2025HouseFirst Reading
2/18/2025HouseReferred to Rules Committee
3/03/2025HouseAdded Chief Co-Sponsor Rep. Kevin John Olickal
3/06/2025HouseAdded Co-Sponsor Rep. Lindsey LaPointe
3/06/2025HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
3/11/2025HouseAssigned to Judiciary - Criminal Committee
3/18/2025HouseDo Pass / Short Debate Judiciary - Criminal Committee; 010-005-000
3/19/2025HouseAdded Co-Sponsor Rep. Will Guzzardi
3/19/2025HouseAdded Co-Sponsor Rep. Justin Slaughter
3/19/2025HousePlaced on Calendar 2nd Reading - Short Debate
3/19/2025HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
3/19/2025HouseAdded Co-Sponsor Rep. Angelica Guerrero-Cuellar
3/19/2025HouseRemoved Co-Sponsor Rep. Justin Slaughter
3/20/2025HouseAdded Co-Sponsor Rep. Lisa Davis
3/20/2025HouseRemoved Co-Sponsor Rep. Lisa Davis
3/24/2025HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
3/24/2025HouseAdded Co-Sponsor Rep. Dagmara Avelar
3/26/2025HouseSecond Reading - Short Debate
3/26/2025HouseHeld on Calendar Order of Second Reading - Short Debate
4/07/2025HouseAdded Co-Sponsor Rep. Daniel Didech
4/07/2025HouseAdded Co-Sponsor Rep. Katie Stuart
4/07/2025HouseAdded Co-Sponsor Rep. Rick Ryan
4/07/2025HouseAdded Co-Sponsor Rep. Tracy Katz Muhl
4/07/2025HouseAdded Co-Sponsor Rep. Martha Deuter
4/07/2025HouseAdded Co-Sponsor Rep. Margaret Croke
4/07/2025HouseAdded Co-Sponsor Rep. Janet Yang Rohr
4/07/2025HouseAdded Co-Sponsor Rep. Natalie A. Manley
4/07/2025HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Dave Vella
4/07/2025HouseHouse Floor Amendment No. 1 Referred to Rules Committee
4/08/2025HouseAdded Co-Sponsor Rep. Nabeela Syed
4/08/2025HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
4/08/2025HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
4/08/2025HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 008-005-000
4/09/2025HouseAdded Chief Co-Sponsor Rep. Justin Slaughter
4/09/2025HouseAdded Chief Co-Sponsor Rep. Lisa Davis
4/09/2025HouseAdded Co-Sponsor Rep. Norma Hernandez
4/09/2025HouseAdded Co-Sponsor Rep. Lilian Jiménez
4/09/2025HouseAdded Co-Sponsor Rep. Martin J. Moylan
4/09/2025HouseHouse Floor Amendment No. 1 Adopted
4/09/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
4/09/2025HouseThird Reading - Short Debate - Passed 072-041-000
4/09/2025HouseAdded Co-Sponsor Rep. Terra Costa Howard
4/09/2025HouseAdded Co-Sponsor Rep. Michael J. Kelly
4/10/2025SenateArrive in Senate
4/10/2025SenatePlaced on Calendar Order of First Reading
4/10/2025SenateChief Senate Sponsor Sen. Robert Peters
4/10/2025SenateFirst Reading
4/10/2025SenateReferred to Assignments
4/11/2025SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
4/30/2025SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman
4/30/2025SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
5/01/2025SenateAdded as Alternate Co-Sponsor Sen. Karina Villa
5/01/2025SenateAdded as Alternate Co-Sponsor Sen. Mike Simmons
5/06/2025SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
5/08/2025SenateAdded as Alternate Co-Sponsor Sen. Mike Porfirio
5/08/2025SenateAdded as Alternate Chief Co-Sponsor Sen. Bill Cunningham
5/13/2025SenateRule 2-10 Committee Deadline Established As May 23, 2025
5/13/2025SenateAssigned to Executive
5/13/2025SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
5/13/2025SenateAdded as Alternate Co-Sponsor Sen. Javier L. Cervantes
5/13/2025SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
5/13/2025SenateSenate Committee Amendment No. 1 Referred to Assignments
5/13/2025SenateAdded as Alternate Co-Sponsor Sen. Mark L. Walker
5/14/2025SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
5/14/2025SenateAdded as Alternate Chief Co-Sponsor Sen. Willie Preston
5/15/2025SenateAdded as Alternate Co-Sponsor Sen. Paul Faraci
5/21/2025HouseAdded Co-Sponsor Rep. Sonya M. Harper
5/21/2025SenateAdded as Alternate Co-Sponsor Sen. Lakesia Collins
5/22/2025SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
5/23/2025SenateRule 2-10 Committee Deadline Established As June 1, 2025
5/27/2025SenateAdded as Alternate Co-Sponsor Sen. Graciela Guzmán
5/27/2025HouseAdded Co-Sponsor Rep. Michael Crawford
5/27/2025SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters
5/27/2025SenateSenate Committee Amendment No. 2 Referred to Assignments
5/28/2025SenateSenate Committee Amendment No. 2 Assignments Refers to Executive
5/29/2025SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Robert Peters
5/29/2025SenateSenate Committee Amendment No. 3 Referred to Assignments
5/29/2025SenateSenate Committee Amendment No. 3 Assignments Refers to Executive
5/29/2025SenateWaive Posting Notice
5/29/2025SenateRule 2-10 Third Reading/Passage Deadline Established As June 1, 2025
5/29/2025SenateSenate Committee Amendment No. 2 Adopted
5/29/2025SenateSenate Committee Amendment No. 3 Adopted
5/29/2025SenateDo Pass as Amended Executive; 008-004-000
5/29/2025SenatePlaced on Calendar Order of 2nd Reading May 30, 2025
5/30/2025SenateSecond Reading
5/30/2025SenatePlaced on Calendar Order of 3rd Reading May 31, 2025
5/31/2025SenateThird Reading - Passed; 036-019-000
5/31/2025SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/31/2025HouseArrived in House
5/31/2025HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3
5/31/2025HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Dave Vella
5/31/2025HouseSenate Committee Amendment No. 3 Motion Filed Concur Rep. Dave Vella
5/31/2025HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
5/31/2025HouseSenate Committee Amendment No. 3 Motion to Concur Referred to Rules Committee
5/31/2025HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
5/31/2025HouseSenate Committee Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
5/31/2025HouseAdded Co-Sponsor Rep. Matt Hanson
5/31/2025HouseMotion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Bob Morgan
5/31/2025HouseMotion Prevailed to Suspend Rule 073-039-000
5/31/2025HouseSenate Committee Amendment No. 2 House Concurs 077-036-000
5/31/2025HouseSenate Committee Amendment No. 3 House Concurs 077-036-000
5/31/2025HouseHouse Concurs
5/31/2025HousePassed Both Houses
6/24/2025HouseSent to the Governor
8/15/2025HouseGovernor Approved
8/15/2025HouseEffective Date July 1, 2026; some provisions
8/15/2025HouseEffective Date January 1, 2027; some provisions
8/15/2025HousePublic Act . . . . . . . . . 104-0300