093_SB1329sam001











                                     LRB093 11234 RLC 12440 a

 1                    AMENDMENT TO SENATE BILL 1329

 2        AMENDMENT NO.     .  Amend Senate Bill 1329 as follows:

 3    on page  2,  by  replacing  lines  19  through  32  with  the
 4    following:
 5        "(d)  The court may pay replacement or supplemental wages
 6    of  up to $300 per day per juror beginning on the 11th day of
 7    jury service.  In addition, for any jurors  who  qualify  for
 8    payment by virtue of having served on a jury for more than 10
 9    days,  the  court may, upon finding that such service posed a
10    significant financial hardship to a juror, even in  light  of
11    payments  made  with  respect  to jury service after the 10th
12    day, award replacement or supplemental wages of  up  to  $100
13    per day from the 4th to the 10th day of jury service."; and

14    on page 3, line 1, by changing "10th" to "11th"; and

15    on page 3, line 16, by changing "(f)" to "(e)"; and

16    on page 3, line 32, by inserting "4.1," after "Sections"; and

17    on page 3, by inserting below line 33 the following:

18        "(705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
19        Sec.  4.1.  Jury  duty; notice to employer; right to time
20    off.
 
                            -2-      LRB093 11234 RLC 12440 a
 1        (a)  Any person who is not legally disqualified to  serve
 2    on  juries,  and  has  been  duly  summoned for jury duty for
 3    either petit or grand jury service, shall not be required  or
 4    requested  to  use  annual,  vacation, or sick leave for time
 5    spent responding to a  summons  for  jury  duty,  time  spent
 6    participating  in  the  jury selection process, or time spent
 7    actually serving on a jury be given time off from  employment
 8    to  serve  upon the jury for which such employee is summoned,
 9    regardless of the employment shift such employee is  assigned
10    to at the time of service of such summons.  An employee shall
11    give his employer reasonable notice of required jury service.
12    An  employer  may not deny an employee time off for jury duty
13    because such employee is then assigned to work a night  shift
14    of  employment,  that  is, an employer cannot require a night
15    shift worker to work while such employee is doing  jury  duty
16    in  the  daytime.  Nothing  in  this  subsection (a) shall be
17    construed to require an employer to provide annual, vacation,
18    or sick leave to  employees  under  the  provisions  of  this
19    Section who otherwise are not entitled to such benefits under
20    company policies.
21        (b)  No  employer shall discharge, threaten to discharge,
22    intimidate or coerce any employee by reason of the employee's
23    jury service, or the attendance or  scheduled  attendance  in
24    connection with such service, in any court of this State.
25        (c)  If  an  employee gives reasonable notice of required
26    jury service, any employer who  violates  the  provisions  of
27    this Section:
28             (1)  may be charged with contempt of court.  In such
29        an  event, the State's Attorney shall file a petition for
30        civil contempt, criminal contempt, or both,  against  the
31        employer to be prosecuted by the State's Attorney; and
32             (2)  shall  be  liable  for  damages for any loss of
33        wages or other benefits suffered by an employee by reason
34        of the violation; and
 
                            -3-      LRB093 11234 RLC 12440 a
 1             (3)  may be enjoined from further violations of this
 2        Section and ordered to reinstate any employee  discharged
 3        by reason of jury service.
 4        As  used  in this Section, "reasonable notice of required
 5    jury service" means that the employee summoned for jury  duty
 6    must  deliver to the employer a copy of the summons within 10
 7    days of the date of issuance of the summons to the employee.
 8        (d)  Any individual who is reinstated to  a  position  of
 9    employment   in   accordance   with  this  Section  shall  be
10    considered as having been on furlough  or  leave  of  absence
11    during his period of jury service, shall be reinstated to his
12    position  of  employment without loss of seniority, and shall
13    be entitled to participate in  insurance  or  other  benefits
14    offered by the employer under established rules and practices
15    relating  to  employees  on  furlough  or leave of absence in
16    effect with the employer at the time the  individual  entered
17    upon jury service.
18        (e)  In  any action or proceeding under this Section, the
19    court may award a prevailing employee who brings  the  action
20    by retained counsel a reasonable attorney's fee.
21        (f)  Any  right  or remedy provided in this Section is in
22    addition to any right or remedy otherwise provided by law  to
23    an employee.
24        (g)  No  employer  shall  be  obligated  to compensate an
25    employee for time taken off for jury duty.
26        (g-5)  A   court   shall   automatically   postpone   and
27    reschedule the service of a summoned  juror  employed  by  an
28    employer  with  5  or  fewer  full-time  employees,  or their
29    equivalent, if another employee of that employer is  summoned
30    to  appear during the same period.  The postponement will not
31    constitute the excused individual's right  to  one  automatic
32    postponement pursuant to Section 10.3 of this Act.
33        (h)  The official responsible for issuing the summons may
34    advise  the  juror  of  his  rights under this Act by printed
 
                            -4-      LRB093 11234 RLC 12440 a
 1    insert with the summons or on the summons itself.
 2    (Source: P.A. 86-1395; 87-616.)"; and

 3    on page 9, line 21, by replacing "Class A  misdemeanor"  with
 4    "Class  C  misdemeanor and subject to imprisonment or fine of
 5    up to $500 in accordance with the laws of this State.".