COUNTIES CD-DEFENDER POWERS

Session: 104th General Assembly
Year: 2025
Bill #: HB4217
Category: Public Safety and Law Enforcement
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Officers and Employees Article of the Counties Code. Allows public defenders who are representing a client in a criminal case to also represent the client in summary suspension or revocation hearings under a specified provision in the Illinois Vehicle Code.

Staff Analysis

Bill as Introduced

Amends the Officers and Employees Article of the Counties Code. Allows public defenders who are representing a client in a criminal case to also represent the client in summary suspension or revocation hearings under a specified provision in the Illinois Vehicle Code.

House Amendment 2

House Floor Amendment 2 to House Bill 4217 amends the Counties Code to expand the scope of representation for public defenders in Illinois. Specifically, it provides that after a public defender has been appointed to represent a defendant in a criminal case, they may also choose to represent that client in a statutory summary suspension or revocation proceeding under the Illinois Vehicle Code, provided the proceeding arises from the same arrest. The amendment clarifies that this change does not establish a general right to counsel in summary suspension proceedings, but rather grants public defenders the discretion to handle these related matters for their existing clients.

The amendment is supported by the Illinois Public Defenders Association, which views the change as a way to provide more comprehensive and streamlined legal assistance to indigent defendants. Conversely, the bill is opposed by the Illinois State's Attorneys Association, reflecting a disagreement between defense and prosecution groups over the expansion of public defender duties into these specific administrative vehicle-related hearings.



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