COUNTIES CD-DEFENDER POWERS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3416

Introduced 2/4/2026, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-4006

from Ch. 34, par. 3-4006

Amends the Officers and Employees Article of the Counties Code.
Allows a public defender who is representing a client in a criminal case to
also represent the client in a statutory summary suspension proceeding
under a specified provision in the Illinois Vehicle Code arising from the
same arrest.
LRB104 20073 RTM 33524 b

A BILL FOR

SB3416
LRB104 20073 RTM 33524 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Counties Code is amended by changing
5
Section 3-4006 as follows:

6

(55 ILCS 5/3-4006)

(from Ch. 34, par. 3-4006)
7

Sec. 3-4006.
Duties of public defender.
The
public
8
defender

Public Defender
, as directed by the court, shall act
9
as attorney, without fee, before any court within any county
10
for all persons who are held in custody or who are charged with
11
the commission of any criminal offense, and who the court
12
finds are unable to employ counsel.
13

The
public defender

Public Defender
shall be the attorney,
14
without fee, when so appointed by the court under Section 1-5
15
of the Juvenile Court Act of 1987.
16

In cases subject to Section 5-170 of the Juvenile Court
17
Act of 1987 involving a minor who was under 15 years of age at
18
the time of the commission of the offense, that occurs in a
19
county with a full-time public defender office, a public
20
defender, without fee or appointment, may represent and have
21
access to a minor during a custodial interrogation. In cases
22
subject to Section 5-170 of the Juvenile Court Act of 1987
23
involving a minor who was under 15 years of age at the time of

SB3416
- 2 -
LRB104 20073 RTM 33524 b
1
the commission of the offense, that occurs in a county without
2
a full-time public defender, the law enforcement agency
3
conducting the custodial interrogation shall ensure that the
4
minor is able to consult with an attorney who is under contract
5
with the county to provide public defender services.
6
Representation by the public defender shall terminate at the
7
first court appearance if the court determines that the minor
8
is not indigent.
9

Every court shall, with the consent of the defendant and
10
where the court finds that the rights of the defendant would be
11
prejudiced by the appointment of the public defender, appoint
12
counsel other than the public defender, except as otherwise
13
provided in Section 113-3 of the
"
Code of Criminal Procedure
14
of 1963
"
. That counsel shall be compensated as is provided by
15
law. He shall also, in the case of the conviction of any such
16
person, prosecute any proceeding in review which in his
17
judgment the interests of justice require.
18

In counties with a population over 3,000,000, the public
19
defender, without fee or appointment and with the concurrence
20
of the county board, may act as attorney to noncitizens in
21
immigration cases. Representation by the public defender in
22
immigration cases shall be limited to those arising or being
23
heard within the geographical boundaries of the county where
24
the public defender has been appointed to office and to those
25
of county residents with immigration cases outside of the
26
county unless the board authorizes the public defender to

SB3416
- 3 -
LRB104 20073 RTM 33524 b
1
provide representation beyond those limits.
2

After the public defender has been appointed to represent
3
a defendant in a criminal case, the public defender may choose
4
to represent the client in a statutory summary suspension
5
proceeding under Section 2-118.1 of the Illinois Vehicle Code
6
arising from the same arrest. This Section shall not be
7
construed to establish a right to counsel in a statutory
8
summary suspension proceeding under Section 2-118.1 of the
9
Illinois Vehicle Code.

10
(Source: P.A. 104-225, eff. 8-15-25; revised 12-12-25.)

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