093_SB1329eng

 
SB1329 Engrossed                     LRB093 07207 RLC 07363 b

 1        AN ACT in relation to juries.

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

 4        Section 5.  The Jury Act is amended by changing  Sections
 5    4.1, 5, 8, 10.2, and 15 and adding Section 10.3 as follows:

 6        (705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
 7        Sec.  4.1.  Jury  duty; notice to employer; right to time
 8    off.
 9        (a)  Any person who is not legally disqualified to  serve
10    on  juries,  and  has  been  duly  summoned for jury duty for
11    either petit or grand jury service, shall not be required  or
12    requested  to  use  annual,  vacation, or sick leave for time
13    spent responding to a  summons  for  jury  duty,  time  spent
14    participating  in  the  jury selection process, or time spent
15    actually serving on a jury be given time off from  employment
16    to  serve  upon the jury for which such employee is summoned,
17    regardless of the employment shift such employee is  assigned
18    to at the time of service of such summons.  An employee shall
19    give his employer reasonable notice of required jury service.
20    An  employer  may not deny an employee time off for jury duty
21    because such employee is then assigned to work a night  shift
22    of  employment,  that  is, an employer cannot require a night
23    shift worker to work while such employee is doing  jury  duty
24    in  the  daytime.  Nothing  in  this  subsection (a) shall be
25    construed to require an employer to provide annual, vacation,
26    or sick leave to  employees  under  the  provisions  of  this
27    Section who otherwise are not entitled to such benefits under
28    company policies.
29        (b)  No  employer shall discharge, threaten to discharge,
30    intimidate or coerce any employee by reason of the employee's
31    jury service, or the attendance or  scheduled  attendance  in
 
SB1329 Engrossed            -2-      LRB093 07207 RLC 07363 b
 1    connection with such service, in any court of this State.
 2        (c)  If  an  employee gives reasonable notice of required
 3    jury service, any employer who  violates  the  provisions  of
 4    this Section:
 5             (1)  may be charged with contempt of court.  In such
 6        an  event, the State's Attorney shall file a petition for
 7        civil contempt, criminal contempt, or both,  against  the
 8        employer to be prosecuted by the State's Attorney; and
 9             (2)  shall  be  liable  for  damages for any loss of
10        wages or other benefits suffered by an employee by reason
11        of the violation; and
12             (3)  may be enjoined from further violations of this
13        Section and ordered to reinstate any employee  discharged
14        by reason of jury service.
15        As  used  in this Section, "reasonable notice of required
16    jury service" means that the employee summoned for jury  duty
17    must  deliver to the employer a copy of the summons within 10
18    days of the date of issuance of the summons to the employee.
19        (d)  Any individual who is reinstated to  a  position  of
20    employment   in   accordance   with  this  Section  shall  be
21    considered as having been on furlough  or  leave  of  absence
22    during his period of jury service, shall be reinstated to his
23    position  of  employment without loss of seniority, and shall
24    be entitled to participate in  insurance  or  other  benefits
25    offered by the employer under established rules and practices
26    relating  to  employees  on  furlough  or leave of absence in
27    effect with the employer at the time the  individual  entered
28    upon jury service.
29        (e)  In  any action or proceeding under this Section, the
30    court may award a prevailing employee who brings  the  action
31    by retained counsel a reasonable attorney's fee.
32        (f)  Any  right  or remedy provided in this Section is in
33    addition to any right or remedy otherwise provided by law  to
34    an employee.
 
SB1329 Engrossed            -3-      LRB093 07207 RLC 07363 b
 1        (g)  No  employer  shall  be  obligated  to compensate an
 2    employee for time taken off for jury duty.
 3        (g-5)  A   court   shall   automatically   postpone   and
 4    reschedule the service of a summoned  juror  employed  by  an
 5    employer   with  5  or  fewer  full-time  employees,  or  the
 6    equivalent, if another employee of that employer is  summoned
 7    to  appear during the same period.  The postponement will not
 8    constitute the excused individual's right  to  one  automatic
 9    postponement pursuant to Section 10.3 of this Act.
10        (h)  The official responsible for issuing the summons may
11    advise  the  juror  of  his  rights under this Act by printed
12    insert with the summons or on the summons itself.
13    (Source: P.A. 86-1395; 87-616.)

14        (705 ILCS 305/5) (from Ch. 78, par. 5)
15        Sec.  5.  Subsequent  selection  of  jurors;  length   of
16    service.
17        (a)  At  the  time  of making such selection, the name of
18    the person selected shall be checked off from such list,  and
19    shall  not  be  again  selected  as a juror till every person
20    named upon such list qualified to serve as a juror  has  been
21    selected;  and  all  subsequent  selections of jurors by such
22    board shall be made from such list until all persons  thereon
23    qualified to serve have been selected, or until a new list is
24    made:  Provided,  if  any  person  who has been selected as a
25    juror shall not have been drawn, or have served upon  a  jury
26    during  the  year  for  which  he  was selected, he shall, if
27    qualified, be selected for the next year.
28        (b)  In counties with populations greater  than  100,000,
29    service of prospective petit jurors shall be for no more than
30    one  court  day  in  actual  attendance, unless a prospective
31    petit juror is selected to  serve  on  a  jury  or  is  under
32    consideration  to  serve  on  a  jury  and such consideration
33    covers a period of 2 or more days.  Once  selected,  a  petit
 
SB1329 Engrossed            -4-      LRB093 07207 RLC 07363 b
 1    juror  shall  serve on the jury for the duration of the trial
 2    unless excused by the presiding judge.
 3    (Source: P.A. 86-1053.)

 4        (705 ILCS 305/8) (from Ch. 78, par. 8)
 5        Sec. 8.  Selection from box.
 6        (a) Upon a day designated by  the  judge  of  the  court,
 7    which  shall  be  at  least  20 days before the first day for
 8    which any of the panel then to  be  drawn  is  summoned,  the
 9    clerk  of such court shall repair to the office of the county
10    clerk, and in the presence of a  judge  and  of  such  county
11    clerk,  after  the  box  containing  the  names has been well
12    shaken by the county  clerk,  and  being  blindfolded  shall,
13    without  partiality,  draw  from  such  box  the  names  of a
14    sufficient number of such  persons,  then  residents  of  the
15    county,  not  less  than  30 for each 2 weeks that such court
16    will probably be in session  for  the  trial  of  common  law
17    cases,  to constitute the petit jurors for the time being and
18    where there is an additional judge  in  such  court,  a  like
19    number for each additional judge requiring a jury, unless the
20    court  shall  otherwise order: Provided, that the clerk shall
21    at any time, when directed by an order of the court  draw  in
22    the  manner  above  provided,  such  number  of  persons then
23    residents of the county, as shall be required by the order to
24    act as petit jurors in such court for such  time  as  may  be
25    fixed in such order: And provided, that should the clerk draw
26    from the box the name of a person who is known to be dead, to
27    have  been  selected as a grand juror, a non-resident, absent
28    from the State, unable to attend in consequence  of  illness,
29    or  that  he is legally disqualified to serve as a juror, the
30    clerk shall report the name of  such  person  to  the  county
31    clerk,  and  the  clerk  of such court shall draw other names
32    until the required number have been selected: Provided,  also
33    that  whenever  there  is  pending  for  trial  in any of the
 
SB1329 Engrossed            -5-      LRB093 07207 RLC 07363 b
 1    courts, any criminal cause wherein the defendant  is  charged
 2    with  a felony, and the judge holding such court is convinced
 3    from the circumstances of the case  that  a  jury  cannot  be
 4    obtained  from  the regular panel to try the cause, the judge
 5    may in his discretion, prior to the day fixed for  the  trial
 6    of the cause, direct the clerk to draw (in the same manner as
 7    the  regular  panel  is  drawn,) not exceeding 100 names as a
 8    special panel from which a jury may be selected  to  try  the
 9    cause.
10        (b)  Notwithstanding  the  provisions  of subsection (a),
11    names of jurors may be randomly drawn by computer.
12    (Source: P.A. 86-1053.)

13        (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
14        Sec. 10.2.  Excusing prospective jurors; hardship.
15        (a)  An individual may apply  to  be  excused  from  jury
16    service for a period of up to 24 months, instead of seeking a
17    postponement,   when   either:   The  county  boards  of  the
18    respective  counties,  the  jury  commissioners   for   those
19    counties  which have been appointed under the Jury Commission
20    Act, or a jury administrator shall submit  questionnaires  to
21    prospective  jurors to inquire as to their qualifications for
22    jury service and as to the hardship that jury  service  would
23    pose  to  the  prospective jurors. Upon prior approval by the
24    chief judge of the judicial circuits in which a county board,
25    jury administrator, or jury commissioners are  situated,  the
26    county board, jury administrator, or jury commissioners shall
27    excuse   a   prospective  juror  from  jury  service  if  the
28    prospective juror shows that such  service  would  impose  an
29    undue  hardship  on  account of the nature of the prospective
30    juror's occupation, business affairs, physical health, family
31    situation, active duty in  the  Illinois  National  Guard  or
32    Illinois  Naval Militia, or other personal affairs, and cause
33    his or her name to be returned to the jury  list  or  general
 
SB1329 Engrossed            -6-      LRB093 07207 RLC 07363 b
 1    jury list.
 2             (1)  The  prospective juror has a mental or physical
 3        condition that causes him  or  her  to  be  incapable  of
 4        performing  jury  service.  The  juror,  or  the  juror's
 5        personal  representative,  must  provide  the  court with
 6        documentation  from  a  physician  licensed  to  practice
 7        medicine in all its branches verifying that a  mental  or
 8        physical  condition  renders  the  person  unfit for jury
 9        service for a period of not less than the 24 month period
10        for which the excuse is sought; or
11             (2)  Jury service would  otherwise  cause  undue  or
12        extreme physical or financial hardship to the prospective
13        juror or a person under his or her care or supervision. A
14        judge of the court for which the individual was called to
15        jury service shall make determinations regarding undue or
16        extreme  physical or financial hardship. The authority to
17        make these determinations  is  delegable  only  to  court
18        officials  or personnel who are authorized by the laws of
19        this State to function as members of the judiciary.
20        (b)  A person asking to  be  excused  from  jury  service
21    under  this  Section  must take all actions necessary to have
22    obtained a ruling on that request by no later than  the  date
23    on which the individual is scheduled to appear for jury duty.
24        (c)  For  purposes  of  this  Section,  "undue or extreme
25    physical or financial hardship" is limited  to  circumstances
26    in which an individual would:
27             (1)  Be  required  to  abandon a person under his or
28        her personal care or supervision due to the impossibility
29        of obtaining an appropriate substitute  caregiver  during
30        the  period  of  participation in the jury pool or on the
31        jury; or
32             (2)  Incur  costs  that  would  have  a  substantial
33        adverse  impact  on  the  payment  of  the   individual's
34        necessary  daily  living expenses or on those for whom he
 
SB1329 Engrossed            -7-      LRB093 07207 RLC 07363 b
 1        or she provides the principal means of support; or
 2             (3)  Suffer physical hardship that would  result  in
 3        illness or disease.
 4        "Undue  or  extreme  physical or financial hardship" does
 5    not exist solely based on the fact that a  prospective  juror
 6    will  be  required  to  be  absent  from  his or her place of
 7    employment.
 8        A person asking a judge  to  grant  an  excuse  based  on
 9    "undue  or  extreme  physical or financial hardship" shall be
10    required to provide the judge with  documentation,  such  as,
11    but  not  limited  to,  federal and State income tax returns,
12    medical  statements  from  licensed  physicians,   proof   of
13    dependency  or guardianship, and similar documents, which the
14    judge finds to clearly support the  request  to  be  excused.
15    Failure to provide satisfactory documentation shall result in
16    a denial of the request to be excused.
17        (d)  After  24 months, a person excused from jury service
18    shall become eligible once again for qualification as a juror
19    unless the person was excused  from  service  permanently.  A
20    person is excused from jury service permanently only when the
21    judge  determines  that  the  underlying  grounds  for  being
22    excused are of a permanent nature.
23        (e)  (b)  When  an  undue  hardship  caused  by  a family
24    situation is due to the prospective juror being  the  primary
25    care  giver of a person with a mental or physical disability,
26    a person with a medically diagnosed behavior  problem,  or  a
27    child under age 12, then the county board, jury commissioners
28    or  jury administrator shall excuse such a prospective juror,
29    if it finds that no reasonable alternative care  is  feasible
30    which  would  not impose an undue hardship on the prospective
31    juror or  the  person  for  whom  the  prospective  juror  is
32    providing care, or both.
33    (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)
 
SB1329 Engrossed            -8-      LRB093 07207 RLC 07363 b
 1        (705 ILCS 305/10.3 new)
 2        Sec. 10.3.  Postponement of jury service.
 3        (a)  Notwithstanding  Section 10.2 or any other provision
 4    of this Act, individuals scheduled to appear for jury service
 5    have  the  right  to  postpone  the  date  of  their  initial
 6    appearance for jury service one time  only.  When  requested,
 7    postponements shall be granted, provided that:
 8             (1)  The  juror  has  not  previously been granted a
 9        postponement;
10             (2)  The prospective  juror  appears  in  person  or
11        contacts  the clerk of the court by telephone, electronic
12        mail, or in writing to request a postponement; and
13             (3)  Prior to the grant of a postponement  with  the
14        concurrence  of  the  clerk of the court, the prospective
15        juror fixes a date certain on which he or she will appear
16        for jury service that is not more than 6 months after the
17        date on which the prospective juror originally was called
18        to serve and on which date the court will be in session.
19        (b)  A subsequent request to postpone jury service may be
20    approved by a judicial  officer  only  in  the  event  of  an
21    extreme  emergency,  such  as  a  death in the family, sudden
22    illness, a natural disaster or a national emergency in  which
23    the  prospective juror is personally involved, that could not
24    have been anticipated at the time  the  initial  postponement
25    was granted. Prior to the grant of a second postponement, the
26    prospective  juror  must  fix  a  date  certain  on which the
27    individual will appear for jury service within  6  months  of
28    the postponement on a date when the court will be in session.

29        (705 ILCS 305/15) (from Ch. 78, par. 15)
30        Sec.  15.  Failure  to  attend; misdemeanor. Every person
31    who shall fail to attend when lawfully summoned to appear  as
32    a  grand  or  petit  juror,  without having properly obtained
33    postponement or excuse pursuant to Sections 10.2 and  10.3  a
 
SB1329 Engrossed            -9-      LRB093 07207 RLC 07363 b
 1    reasonable  excuse,  shall  be  considered  as is guilty of a
 2    Class C misdemeanor and subject to imprisonment or fine of up
 3    to $500 in accordance with the laws of this  State  contempt,
 4    and  shall  be  fined by the courts, respectively, in any sum
 5    not less than $5 nor more than  $100,  for  the  use  of  the
 6    proper  county,  unless good cause be shown for such default;
 7    and it shall be the duty of the court to enter  an  order  of
 8    attachment,    returnable   forthwith,   against   all   such
 9    delinquents, and upon the  return  thereof  the  court  shall
10    proceed  to  assess  the fine unless the person or persons so
11    attached  shall  show  good  cause  for   such   delinquency:
12    Provided, that the oath or affirmation of any such delinquent
13    shall, at all times, be received as competent evidence.
14    (Source: P.A. 83-346.)

15        Section 95.  Severability. The provisions of this Act are
16    severable.   If   any   portion   of  this  Act  is  declared
17    unconstitutional or the application of any part of  this  Act
18    to  any person or circumstance is held invalid, the remaining
19    portions of the Act and their applicability to any person  or
20    circumstance shall remain valid and enforceable.

21        Section 99.  This Act takes effect July 1, 2003.