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HB 3363

STATE PUBLIC DEFENDER

104th Regular Session Introduced by Dee Avelar and 45 co-sponsors

Creates a statewide Office of the State Public Defender to coordinate, fund, and standardize indigent defense across Illinois while supplementing local offices.

Public Act . . . . . . . . . 104-0300
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Bill Summary · HB 3363

Summary — HB 3363 (State Public Defender Act) — Public Act 104-0300

Status: Enacted (Public Act 104-0300). Governor approved 8/15/2025. Effective dates: some provisions effective July 1, 2026; other provisions effective January 1, 2027 (per final amendment). Companion: SB 1226.

Purpose

Create a statewide Office of the State Public Defender (OSP D) as an independent State agency within the judicial branch to strengthen and coordinate indigent defense in Illinois, ensure consistent, high-quality representation in criminal, juvenile delinquency, and dependency proceedings, and promote participation of the private bar.

Key provisions and changes

  • Establishes the Office of the State Public Defender and the position of State Public Defender (SPD). SPD must take oath; annual salary set equal to the Attorney General.
  • Appointment terms: the initial SPD is appointed for a 2‑year term by majority vote of the Illinois Supreme Court (nominated by the Illinois Public Defender Association). Subsequent SPD appointments are for 6‑year terms.
  • Creates the State Public Defender Commission (Section 40) — the Commission must review/approve SPD budget requests before they go to the General Assembly. Amendment requires the Commission’s first action to identify operational costs and funding sources to establish the Office.
  • Powers/duties of SPD/Office:
    • Serve as appointed counsel (without fee) when courts appoint the Office for indigent persons, including under the Juvenile Court Act.
    • Provide regional representation and supplement county public defenders and appointed counsel.
    • Supply assistance to county offices (attorneys, experts, investigators, administrative and social‑service staff), training, and technological resources (digital discovery storage, case management software, legal research subscriptions) compatible with county/state systems.
    • Maintain a panel of private attorneys for case assignments.
    • Provide funding and support to improve indigent defense that must supplement — not supplant — existing county public defender budgets; counties must certify in writing they will not reduce local public defense funding to receive state funds.
    • Establish law‑school programs using law students as legal assistants; develop recruitment/retention plans and competitive salary scales; run training.
    • Maintain a public website and fulfill reporting requirements to the General Assembly, Supreme Court, Governor, and State Library.
  • Organizational planning and standards:
    • SPD must create a Public Defender Advisory Board (within first year), with representation across Appellate Court Districts, to advise on practice issues and to develop workload, staffing, and salary standards.
    • Within 1–2 years of the initial SPD term the Office must survey county public defense capacity and determine regions/circuits requiring State public defenders and recommended staffing and case‑assignment processes.
  • Changes to Counties Code and local public defender governance:
    • When county public defender vacancies occur, the SPD will nominate and the State Public Defender Commission will appoint qualified public defenders using the Act’s selection process.
    • Removal of a public defender limited to “for cause” after notice and a hearing before the State Public Defender Commission (replaces prior county board removal process).
    • Other statutory conforming changes (compensation, Public Defender Fund uses, multi‑county public defender offices).

Who is affected

  • Indigent defendants in criminal, juvenile delinquency, and dependency proceedings across Illinois.
  • County public defender offices and staff; counties that currently fund or administer public defense.
  • Private defense attorneys eligible for the Office’s panel.
  • Courts, the Illinois Supreme Court (role in initial SPD appointment), and the newly created State Public Defender Commission.

Implementation timeline and procedural notes

  • Public Act approved 8/15/2025. Some statutory sections effective 7/1/2026; remaining sections effective 1/1/2027 per the final amendment.
  • SPD must create advisory structures and conduct a statewide survey within the first year(s) of the initial (2‑year) SPD term; within two years must recommend regional staffing and assignment processes.
  • Commission’s early responsibility: identify operational costs and funding sources for standing up the Office.

Potential impacts (practical effects)

  • Centralizes statewide oversight and resources for indigent defense, aiming for more uniform standards, technology, training, and staffing.
  • Introduces new state funding and support mechanisms that are expressly conditioned on counties maintaining local funding (anti‑supplanting).
  • Changes local appointment/removal procedures for county public defenders, shifting some authority to the State Public Defender and Commission.
  • Implementation will require identified state funding and operational planning before full statewide rollout.

Compiled from official sources — confirm details with the bill’s official record.

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