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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/3-3040
(55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040)
Sec. 3-3040.
Appointment of deputies.
Each coroner may appoint
one or more deputies as the coroner, in his or her sole discretion,
determines necessary and appropriate, subject to county board appropriations.
The appointment shall be in writing and
signed by the coroner. A deputy's compensation shall be
determined by
the county board.
(Source: P.A. 88-281.)
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55 ILCS 5/3-3041
(55 ILCS 5/3-3041) (from Ch. 34, par. 3-3041)
Sec. 3-3041.
Oath of deputies.
Each deputy shall, before entering
upon the duties of his office take and subscribe an oath or affirmation, in
like form as required of coroners, which shall be filed in the office of
the county clerk.
(Source: P.A. 86-962.)
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55 ILCS 5/3-3042
(55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)
Sec. 3-3042.
Duties of deputies.
Deputy coroners, duly
appointed and qualified, may perform any and all of the duties of the
coroner
in the name of the coroner, and the acts of such deputies shall be held to
be acts of the coroner.
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/3-3043
(55 ILCS 5/3-3043) (from Ch. 34, par. 3-3043)
Sec. 3-3043.
Vacancy; appointed coroner.
When a permanent vacancy in
the office of coroner occurs and the position is an appointed one, the
county board shall fill the vacancy within 60 days from the time the
vacancy occurs. If the sheriff of the county is selected to perform the
duties of the coroner and the sheriff agrees to serve in that capacity, the
sheriff may be compensated for those duties. This compensation shall be in
addition to all other compensation received as sheriff. Any sheriff who is
serving as coroner before the effective date of this amendatory Act of 1991
must be reappointed in order to continue to serve as coroner and to receive
additional compensation under this Section.
(Source: P.A. 87-738.)
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55 ILCS 5/3-3044
(55 ILCS 5/3-3044) (from Ch. 34, par. 3-3044)
Sec. 3-3044.
Abolition of office; performance of duties by another.
If the office of coroner has been abolished in a county by referendum and
the referendum did not provide for the performance, by another person, of
the duties previously performed by the coroner, the county board shall
select a person to perform the duties previously performed by the coroner.
The selection shall be made within 60 days after the referendum or within
60 days after the effective date of this amendatory Act of 1992, whichever is
later. If the sheriff of the county is selected to perform the duties
previously performed by the coroner and the sheriff agrees to perform those
duties, the sheriff may be compensated for performing those duties. This
compensation shall be in addition to all other compensation received in his or
her capacity as sheriff. If, before the effective date of this amendatory Act
of 1992, a county has abolished the office of coroner by a referendum that did
not provide for someone to perform the duties previously performed by the
coroner, and the sheriff of the county is performing those duties, the sheriff
must be reappointed by the county board under this Section in order to continue
to perform those duties and to receive the additional compensation authorized
under this Section.
(Source: P.A. 87-1141.)
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55 ILCS 5/3-3045 (55 ILCS 5/3-3045) Sec. 3-3045. Disposal of medications. A coroner or medical examiner may dispose of any unused medications found at the scene of a death the coroner or medical examiner is investigating under Section 18 of the Safe Pharmaceutical Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17 .) |
55 ILCS 5/Div. 3-4
(55 ILCS 5/Div. 3-4 heading)
Division 3-4.
Public Defender and Appointed Counsel
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55 ILCS 5/3-4000
(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 and related proceedings is a
fundamental 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 inability to pay. Therefore, it is the
intent of the General Assembly to provide for effective county public
defender systems throughout the State and encourage the active and
substantial participation of the private bar in the representation of
indigent defendants.
(Source: P.A. 87-111.)
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55 ILCS 5/3-4000.1
(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 of the county board.
(Source: P.A. 87-111.)
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55 ILCS 5/3-4001
(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)
Sec. 3-4001.
Public defender in counties over 35,000.
In each
county of this State containing 35,000 or more inhabitants
there is created the office of Public Defender and the person to be
appointed to such office shall be known as the 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.)
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55 ILCS 5/3-4002
(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)
Sec. 3-4002.
Public 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 of
Public Defender and the person appointed to such office shall be known as
the 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.)
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55 ILCS 5/3-4003
(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)
Sec. 3-4003.
Public defender in adjoining counties.
Any 2 or
more adjoining 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. The person appointed to such office shall be known as the 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.)
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55 ILCS 5/3-4004
(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
Sec. 3-4004.
Appointment of Public Defender in counties under 1,000,000.
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 manner, and the
person appointed to fill the vacancy shall have the same tenure of office.
(Source: P.A. 86-962; 87-111.)
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55 ILCS 5/3-4004.1
(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)
Sec. 3-4004.1.
Appointment of Public Defender in counties over 1,000,000.
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.)
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55 ILCS 5/3-4004.2
(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
Sec. 3-4004.2.
Qualifications of Public Defender and terms of
employment in counties over 1,000,000. In counties with a population over
1,000,000, the following qualifications and terms of employment shall apply:
(a) 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 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 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) 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.
(d) 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.
(Source: P.A. 87-111.)
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55 ILCS 5/3-4005
(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)
Sec. 3-4005.
Oath of office.
The person appointed as 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 competent
to appoint, which oath shall be filed in the office of the County Clerk.
(Source: P.A. 86-962.)
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55 ILCS 5/3-4006
(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
Sec. 3-4006. Duties of public defender. The Public Defender, as
directed by the court, shall act as attorney, without fee, before any court
within any county for all persons who are held in custody or who are
charged with the commission of any criminal offense, and who the court
finds are unable to employ counsel.
The Public Defender shall be the attorney, without fee, when so appointed
by the court under Section 1-5 of
the Juvenile Court Act of 1987.
In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent. Every court shall, with the consent of the defendant and where the court
finds that the rights of the defendant would be prejudiced by the
appointment of the public defender, appoint counsel other than the public
defender, except as otherwise provided in Section 113-3 of the
"Code of Criminal Procedure of 1963". That counsel shall be compensated
as is provided by law. He shall also, in the case of the conviction of
any such person, prosecute any proceeding in review which in his
judgment the interests of justice require.
In counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county. (Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)
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55 ILCS 5/3-4006.1
(55 ILCS 5/3-4006.1)
Sec. 3-4006.1. (Repealed).
(Source: P.A. 91-589, eff. 1-1-00. Repealed by P.A. 101-275, eff. 8-9-19.)
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55 ILCS 5/3-4007
(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
Sec. 3-4007. Compensation.
(a) The 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 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 public defender is employed full-time in that capacity, his or
her salary must be at least 90% of that county's State's attorney's annual
compensation. 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 Public Defender is employed.
(c) In cases where 2 or more adjoining counties have joined
to form a common office of Public Defender, the salary of the Public
Defender shall be set and paid as provided by a joint resolution of the
various county boards involved.
(Source: P.A. 97-72, eff. 7-1-11.)
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55 ILCS 5/3-4008
(55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008)
Sec. 3-4008.
Assistants in counties under 1,000,000.
The Public
Defender in counties with a population under 1,000,000 shall have
power to appoint, in the manner directed by the
judges mentioned in Section 3-4004 the
number of assistants, all duly licensed practitioners, that those judges
deem necessary for the proper discharge of the
duties of the office, who shall serve at the pleasure of the Public
Defender. He shall also, in like manner, appoint the number of
clerks and other employees
necessary for the due transaction of the business of the office. The
compensation of the assistants, clerks and employees shall be
fixed by the County Board and paid out of the county treasury.
(Source: P.A. 86-962; 87-111.)
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55 ILCS 5/3-4008.1
(55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)
Sec. 3-4008.1.
Assistants in counties over 1,000,000.
The Public
Defender in counties with a population over 1,000,000 shall
appoint assistants, all duly licensed practitioners, as
that Public Defender shall deem necessary for the proper discharge of the
duties of the office,
who shall serve at the pleasure of the Public Defender. The 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.)
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