State of Illinois
2023 and 2024


Introduced 2/7/2023, by Rep. Jennifer Gong-Gershowitz


55 ILCS 5/3-4007  from Ch. 34, par. 3-4007

    Amends the Counties Code. Provides that a county's full-time public defender must be paid an annual salary that is at least 100% (rather than 90%) of the county State's attorney's annual compensation. Requires the State to pay 100% (rather than 66 2/3%) of the public defender's annual salary. Prohibits a public defender for a county of 30,000 or more inhabitants from engaging in the private practice of law if the public defender is receiving not less than 100% (rather than 90%) of the compensation of the State's attorney of that county. Effective July 1, 2023.

LRB103 04896 JDS 49906 b





HB2129LRB103 04896 JDS 49906 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 3-4007 as follows:
6    (55 ILCS 5/3-4007)  (from Ch. 34, par. 3-4007)
7    Sec. 3-4007. Compensation.
8    (a) The public defender shall be paid out of the county
9treasury, and, subject to appropriation, shall be paid by the
10Department of Revenue out of the Personal Property Tax
11Replacement Fund or the General Revenue Fund as provided in
12subsection (b), as the sole compensation for his or her
13services a salary in an amount fixed by the County Board. When
14a Public Defender in a county of 30,000 or more population is
15receiving not less than 100% 90% of the compensation of the
16State's Attorney of such county, that Public Defender shall
17not engage in the private practice of law.
18    (b) The State must pay 100% 66 2/3% of the public
19defender's annual salary. If the public defender is employed
20full-time in that capacity, his or her salary must be at least
21100% 90% of that county's State's attorney's annual
22compensation. Subject to appropriation, these amounts
23furnished by the State shall be payable monthly by the



HB2129- 2 -LRB103 04896 JDS 49906 b

1Department of Revenue out of the Personal Property Tax
2Replacement Fund or the General Revenue Fund to the county in
3which each Public Defender is employed.
4    (c) In cases where 2 or more adjoining counties have
5joined to form a common office of Public Defender, the salary
6of the Public Defender shall be set and paid as provided by a
7joint resolution of the various county boards involved.
8(Source: P.A. 97-72, eff. 7-1-11.)
9    Section 99. Effective date. This Act takes effect July 1,