101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3354

 

Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 105/12 new
725 ILCS 105/13 new
725 ILCS 105/14 new

    Amends the State Appellate Defender Act. Creates the Public Defender Bail Reform Grant Program to assist county public defenders in implementing a provision of the Code of Criminal Procedure of 1963 which requires counsel at bail hearings. Provides that the Public Defender Bail Reform Grant Program is to be administered by the State Appellate Defender, under the direction of the State Appellate Defender Commission. Provides that the State Appellate Defender shall request funds for this grant program within its annual appropriation. Provides for eligibility and administration of the grant program. Makes other changes. Effective immediately.


LRB101 18392 RLC 67839 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3354LRB101 18392 RLC 67839 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Appellate Defender Act is amended by
5adding Sections 12, 13, and 14 as follows:
 
6    (725 ILCS 105/12 new)
7    Sec. 12. Public Defender Bail Reform Grant Program.
8    (a) There is hereby created a Public Defender Bail Reform
9Grant Program. The purpose of this grant program is to assist
10county public defenders in implementing Section 109-1 of the
11Code of Criminal Procedure of 1963 which requires counsel at
12bail hearings.
13    (b) The Public Defender Bail Reform Grant Program is to be
14administered by the State Appellate Defender, under the
15direction of the Commission. The State Appellate Defender is
16also required to seek recommendations on administering this
17grant program from the Illinois Supreme Court Pretrial
18Commission on Pretrial Practices.
19    (c) The State Appellate Defender shall request funds for
20this grant program within its annual appropriation. The State
21Appellate Defender may also seek contributions and grants to
22supplement all State funds appropriated for this grant program.
 

 

 

SB3354- 2 -LRB101 18392 RLC 67839 b

1    (725 ILCS 105/13 new)
2    Sec. 13. Grant program; eligibility.
3    (a) On and after July 1, 2020, any county that does not
4employ a full-time public defender is eligible to apply for a
5grant under the Public Defender Bail Reform Grant Program. The
6Commission may also establish a county population threshold for
7grant eligibility.
8    (b) The application for the grant shall be made by the
9chief judge of the circuit in which the county is located. The
10chief judge shall administer the grant. Any group of eligible
11counties within the same circuit court may jointly apply for a
12grant under the Public Defender Bail Reform Grant Program.
 
13    (725 ILCS 105/14 new)
14    Sec. 14. Public Defender Bail Reform Grant Program
15Administration.
16    (a) The State Appellate Defender may adopt rules for the
17administration of the Public Defender Bail Reform Grant
18Program. The rules shall be in effect after the rules are
19approved by the Supreme Court.
20    (b) The State Appellate Defender shall publish grant
21guidelines, rules, and grant application forms on the agency's
22website.
23    (c) The State Appellate Defender may work with any law
24school to establish internship programs for the training of law
25students in representing individuals in bail hearings. The

 

 

SB3354- 3 -LRB101 18392 RLC 67839 b

1State Appellate Defender may also seek permission from the
2Supreme Court to utilize law students with a provisional
3license to practice law in representing individuals in eligible
4counties.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.