093_SB1329sam003

 










                                     SRS093 00107 JEJ 00107 a

 1                    AMENDMENT TO SENATE BILL 1329

 2        AMENDMENT NO.     .  Amend Senate Bill 1329, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Jury Act is amended by changing Sections
 6    4.1, 5, 8, 10.2, and 15 and adding Section 10.3 as follows:

 7        (705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
 8        Sec. 4.1. Jury duty; notice to employer;  right  to  time
 9    off.
10        (a)  Any  person who is not legally disqualified to serve
11    on juries, and has been  duly  summoned  for  jury  duty  for
12    either  petit or grand jury service, shall not be required or
13    requested to use annual, vacation, or  sick  leave  for  time
14    spent  responding  to  a  summons  for  jury duty, time spent
15    participating in the jury selection process,  or  time  spent
16    actually  serving on a jury be given time off from employment
17    to serve upon the jury for which such employee  is  summoned,
18    regardless  of the employment shift such employee is assigned
19    to at the time of service of such summons.  An employee shall
20    give his employer reasonable notice of required jury service.
21    An employer may not deny an employee time off for  jury  duty
22    because  such employee is then assigned to work a night shift
 
                            -2-      SRS093 00107 JEJ 00107 a
 1    of employment, that is, an employer cannot  require  a  night
 2    shift  worker  to work while such employee is doing jury duty
 3    in the daytime. Nothing  in  this  subsection  (a)  shall  be
 4    construed to require an employer to provide annual, vacation,
 5    or  sick  leave  to  employees  under  the provisions of this
 6    Section who otherwise are not entitled to such benefits under
 7    company policies.
 8        (b)  No employer shall discharge, threaten to  discharge,
 9    intimidate or coerce any employee by reason of the employee's
10    jury  service,  or  the attendance or scheduled attendance in
11    connection with such service, in any court of this State.
12        (c)  If an employee gives reasonable notice  of  required
13    jury  service,  any  employer  who violates the provisions of
14    this Section:
15             (1)  may be charged with contempt of court.  In such
16        an event, the State's Attorney shall file a petition  for
17        civil  contempt,  criminal contempt, or both, against the
18        employer to be prosecuted by the State's Attorney; and
19             (2)  shall be liable for damages  for  any  loss  of
20        wages or other benefits suffered by an employee by reason
21        of the violation; and
22             (3)  may be enjoined from further violations of this
23        Section  and ordered to reinstate any employee discharged
24        by reason of jury service.
25        As used in this Section, "reasonable notice  of  required
26    jury  service" means that the employee summoned for jury duty
27    must deliver to the employer a copy of the summons within  10
28    days of the date of issuance of the summons to the employee.
29        (d)  Any  individual  who  is reinstated to a position of
30    employment  in  accordance  with  this   Section   shall   be
31    considered  as  having  been  on furlough or leave of absence
32    during his period of jury service, shall be reinstated to his
33    position of employment without loss of seniority,  and  shall
34    be  entitled  to  participate  in insurance or other benefits
 
                            -3-      SRS093 00107 JEJ 00107 a
 1    offered by the employer under established rules and practices
 2    relating to employees on furlough  or  leave  of  absence  in
 3    effect  with  the employer at the time the individual entered
 4    upon jury service.
 5        (e)  In any action or proceeding under this Section,  the
 6    court  may  award a prevailing employee who brings the action
 7    by retained counsel a reasonable attorney's fee.
 8        (f)  Any right or remedy provided in this Section  is  in
 9    addition  to any right or remedy otherwise provided by law to
10    an employee.
11        (g)  No employer shall  be  obligated  to  compensate  an
12    employee for time taken off for jury duty.
13        (g-5)  A   court   shall   automatically   postpone   and
14    reschedule  the  service  of  a summoned juror employed by an
15    employer  with  5  or  fewer  full-time  employees,  or   the
16    equivalent,  if another employee of that employer is summoned
17    to appear during the same period.  The postponement will  not
18    constitute  the  excused  individual's right to one automatic
19    postponement pursuant to Section 10.3 of this Act.
20        (h)  The official responsible for issuing the summons may
21    advise the juror of his rights  under  this  Act  by  printed
22    insert with the summons or on the summons itself.
23    (Source: P.A. 86-1395; 87-616.)

24        (705 ILCS 305/5) (from Ch. 78, par. 5)
25        Sec.   5.  Subsequent  selection  of  jurors;  length  of
26    service.
27        (a)  At the time of making such selection,  the  name  of
28    the  person selected shall be checked off from such list, and
29    shall not be again selected as  a  juror  till  every  person
30    named  upon  such list qualified to serve as a juror has been
31    selected; and all subsequent selections  of  jurors  by  such
32    board  shall be made from such list until all persons thereon
33    qualified to serve have been selected, or until a new list is
 
                            -4-      SRS093 00107 JEJ 00107 a
 1    made: Provided, if any person who  has  been  selected  as  a
 2    juror  shall  not have been drawn, or have served upon a jury
 3    during the year for which  he  was  selected,  he  shall,  if
 4    qualified, be selected for the next year.
 5        (b)  In  counties  with populations greater than 100,000,
 6    service of prospective petit jurors shall be for no more than
 7    one court day in  actual  attendance,  unless  a  prospective
 8    petit  juror  is  selected  to  serve  on  a jury or is under
 9    consideration to serve  on  a  jury  and  such  consideration
10    covers  a  period  of 2 or more days.  Once selected, a petit
11    juror shall serve on the jury for the duration of  the  trial
12    unless excused by the presiding judge.
13    (Source: P.A. 86-1053.)

14        (705 ILCS 305/8) (from Ch. 78, par. 8)
15        Sec. 8.  Selection from box.
16        (a)  Upon  a  day  designated  by the judge of the court,
17    which shall be at least 20 days  before  the  first  day  for
18    which  any  of  the  panel  then to be drawn is summoned, the
19    clerk of such court shall repair to the office of the  county
20    clerk,  and  in  the  presence  of a judge and of such county
21    clerk, after the box  containing  the  names  has  been  well
22    shaken  by  the  county  clerk,  and being blindfolded shall,
23    without partiality,  draw  from  such  box  the  names  of  a
24    sufficient  number  of  such  persons,  then residents of the
25    county, not less than 30 for each 2  weeks  that  such  court
26    will  probably  be  in  session  for  the trial of common law
27    cases, to constitute the petit jurors for the time being  and
28    where  there  is  an  additional  judge in such court, a like
29    number for each additional judge requiring a jury, unless the
30    court shall otherwise order: Provided, that the  clerk  shall
31    at  any  time, when directed by an order of the court draw in
32    the manner  above  provided,  such  number  of  persons  then
33    residents of the county, as shall be required by the order to
 
                            -5-      SRS093 00107 JEJ 00107 a
 1    act  as  petit  jurors  in such court for such time as may be
 2    fixed in such order: And provided, that should the clerk draw
 3    from the box the name of a person who is known to be dead, to
 4    have been selected as a grand juror, a  non-resident,  absent
 5    from  the  State, unable to attend in consequence of illness,
 6    or that he is legally disqualified to serve as a  juror,  the
 7    clerk  shall  report  the  name  of such person to the county
 8    clerk, and the clerk of such court  shall  draw  other  names
 9    until  the required number have been selected: Provided, also
10    that whenever there is  pending  for  trial  in  any  of  the
11    courts,  any  criminal cause wherein the defendant is charged
12    with a felony, and the judge holding such court is  convinced
13    from  the  circumstances  of  the  case that a jury cannot be
14    obtained from the regular panel to try the cause,  the  judge
15    may  in  his discretion, prior to the day fixed for the trial
16    of the cause, direct the clerk to draw (in the same manner as
17    the regular panel is drawn,) not exceeding  100  names  as  a
18    special  panel  from  which a jury may be selected to try the
19    cause.
20        (b)  Notwithstanding the provisions  of  subsection  (a),
21    names of jurors may be randomly drawn by computer.
22    (Source: P.A. 86-1053.)

23        (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
24        Sec. 10.2.  Excusing prospective jurors; hardship.
25        (a)  An  individual  may  apply  to  be excused from jury
26    service for a period of up to 24 months, instead of seeking a
27    postponement,  when  either:  The  county   boards   of   the
28    respective   counties,   the  jury  commissioners  for  those
29    counties which have been appointed under the Jury  Commission
30    Act,  or  a jury administrator shall submit questionnaires to
31    prospective jurors to inquire as to their qualifications  for
32    jury  service  and as to the hardship that jury service would
33    pose to the prospective jurors. Upon prior  approval  by  the
 
                            -6-      SRS093 00107 JEJ 00107 a
 1    chief judge of the judicial circuits in which a county board,
 2    jury  administrator,  or jury commissioners are situated, the
 3    county board, jury administrator, or jury commissioners shall
 4    excuse  a  prospective  juror  from  jury  service   if   the
 5    prospective  juror  shows  that  such service would impose an
 6    undue hardship on account of the nature  of  the  prospective
 7    juror's occupation, business affairs, physical health, family
 8    situation,  active  duty  in  the  Illinois National Guard or
 9    Illinois Naval Militia, or other personal affairs, and  cause
10    his  or  her  name to be returned to the jury list or general
11    jury list.
12             (1)  The prospective juror has a mental or  physical
13        condition  that  causes  him  or  her  to be incapable of
14        performing  jury  service.  The  juror,  or  the  juror's
15        personal representative,  must  provide  the  court  with
16        documentation  from  a  physician  licensed  to  practice
17        medicine  in  all its branches verifying that a mental or
18        physical condition renders  the  person  unfit  for  jury
19        service for a period of not less than the 24 month period
20        for which the excuse is sought; or
21             (2)  Jury  service  would  otherwise  cause undue or
22        extreme physical or financial hardship to the prospective
23        juror or a person under his or her care or supervision. A
24        judge of the court for which the individual was called to
25        jury service shall make determinations regarding undue or
26        extreme physical or financial hardship. The authority  to
27        make  these  determinations  is  delegable  only to court
28        officials or personnel who are authorized by the laws  of
29        this State to function as members of the judiciary.
30        (b)  A  person  asking  to  be  excused from jury service
31    under this Section must take all actions  necessary  to  have
32    obtained  a  ruling on that request by no later than the date
33    on which the individual is scheduled to appear for jury duty.
34        (c)  For purposes of  this  Section,  "undue  or  extreme
 
                            -7-      SRS093 00107 JEJ 00107 a
 1    physical  or  financial hardship" is limited to circumstances
 2    in which an individual would:
 3             (1)  Be required to abandon a person  under  his  or
 4        her personal care or supervision due to the impossibility
 5        of  obtaining  an appropriate substitute caregiver during
 6        the period of participation in the jury pool  or  on  the
 7        jury; or
 8             (2)  Incur  costs  that  would  have  a  substantial
 9        adverse   impact  on  the  payment  of  the  individual's
10        necessary daily living expenses or on those for  whom  he
11        or she provides the principal means of support; or
12             (3)  Suffer  physical  hardship that would result in
13        illness or disease.
14        "Undue or extreme physical or  financial  hardship"  does
15    not  exist  solely based on the fact that a prospective juror
16    will be required to be  absent  from  his  or  her  place  of
17    employment.
18        A  person  asking  a  judge  to  grant an excuse based on
19    "undue or extreme physical or financial  hardship"  shall  be
20    required  to  provide  the judge with documentation, such as,
21    but not limited to, federal and  State  income  tax  returns,
22    medical   statements   from  licensed  physicians,  proof  of
23    dependency or guardianship, and similar documents, which  the
24    judge  finds  to  clearly  support the request to be excused.
25    Failure to provide satisfactory documentation shall result in
26    a denial of the request to be excused.
27        (d)  After 24 months, a person excused from jury  service
28    shall become eligible once again for qualification as a juror
29    unless  the  person  was  excused from service permanently. A
30    person is excused from jury service permanently only when the
31    judge  determines  that  the  underlying  grounds  for  being
32    excused are of a permanent nature.
33        (e) (b)  When  an  undue  hardship  caused  by  a  family
34    situation  is  due to the prospective juror being the primary
 
                            -8-      SRS093 00107 JEJ 00107 a
 1    care giver of a person with a mental or physical  disability,
 2    a  person  with  a medically diagnosed behavior problem, or a
 3    child under age 12, then the county board, jury commissioners
 4    or jury administrator shall excuse such a prospective  juror,
 5    if  it  finds that no reasonable alternative care is feasible
 6    which would not impose an undue hardship on  the  prospective
 7    juror  or  the  person  for  whom  the  prospective  juror is
 8    providing care, or both.
 9    (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)

10        (705 ILCS 305/10.3 new)
11        Sec. 10.3.  Postponement of jury service.
12        (a)  Notwithstanding Section 10.2 or any other  provision
13    of this Act, individuals scheduled to appear for jury service
14    have  the  right  to  postpone  the  date  of  their  initial
15    appearance  for  jury  service one time only. When requested,
16    postponements shall be granted, provided that:
17             (1)  The juror has not  previously  been  granted  a
18        postponement;
19             (2)  The  prospective  juror  appears  in  person or
20        contacts the clerk of the court by telephone,  electronic
21        mail, or in writing to request a postponement; and
22             (3)  Prior  to  the grant of a postponement with the
23        concurrence of the clerk of the  court,  the  prospective
24        juror fixes a date certain on which he or she will appear
25        for jury service that is not more than 6 months after the
26        date on which the prospective juror originally was called
27        to serve and on which date the court will be in session.
28        (b)  A subsequent request to postpone jury service may be
29    approved  by  a  judicial  officer  only  in  the event of an
30    extreme emergency, such as a  death  in  the  family,  sudden
31    illness,  a natural disaster or a national emergency in which
32    the prospective juror is personally involved, that could  not
33    have  been  anticipated  at the time the initial postponement
 
                            -9-      SRS093 00107 JEJ 00107 a
 1    was granted. Prior to the grant of a second postponement, the
 2    prospective juror must  fix  a  date  certain  on  which  the
 3    individual  will  appear  for jury service within 6 months of
 4    the postponement on a date when the court will be in session.

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

24        Section 95.  Severability. The provisions of this Act are
25    severable.  If  any  portion  of   this   Act   is   declared
26    unconstitutional  or  the application of any part of this Act
27    to any person or circumstance is held invalid, the  remaining
28    portions  of the Act and their applicability to any person or
29    circumstance shall remain valid and enforceable.

30        Section 99.  This Act takes effect July 1, 2003.".