093_SB1329sam002

 










                                     LRB093 07207 RLC 13991 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  Counties  Code  is  amended  by  adding
 6    Section 4-11003 as follows:

 7        (55 ILCS 5/4-11003 new)
 8        Sec. 4-11003.  Lengthy Trial Fund.
 9        (a)  The  Supreme  Court  shall establish a Lengthy Trial
10    Fund that shall be used to provide full wage  replacement  or
11    wage  supplementation  to jurors who serve on petit juries in
12    civil litigation, for which a jury trial has been  requested,
13    and  criminal matters involving capital offenses and homicide
14    offenses, after the 10th day of jury service.
15             (1)  The  court  rules   shall   provide   for   the
16        following:
17                  (A)  The   selection   and  appointment  of  an
18             Administrator for the fund;
19                  (B)  Procedures  for  its  administration  that
20             provide that monies in the Fund  shall  be  used  to
21             make  wage  replacement  or  wage supplementation as
22             provided in this Section to jurors participating  on
 
                            -2-      LRB093 07207 RLC 13991 a
 1             juries  in trials where jury service extends 11 days
 2             or  longer  and  to  recover  all   the   costs   of
 3             administering   the   Fund,  including  payments  of
 4             salaries of the Administrator  and  other  necessary
 5             personnel;
 6                  (C)  The  accounting,  auditing, and investment
 7             of money in the Lengthy  Trial  Fund  in  accordance
 8             with State law pertaining to similar funds; and
 9                  (D)  The  inclusion  of a report by the Supreme
10             Court of  Illinois  on  the  administration  of  the
11             Lengthy  Trial  Fund  in  its  annual  report on the
12             judicial branch, setting forth the  money  collected
13             for and disbursed from the Fund.
14        (b)  Notwithstanding   any  other  compensation  or  fees
15    payable under the laws of this State, each trial court in the
16    State shall collect from each  attorney  who  files  a  civil
17    case,  or files a pleading in response to a complaint, unless
18    otherwise exempted under the provisions of  this  Section,  a
19    fee of $20 per case to be paid into the Lengthy Trial Fund. A
20    lawyer  will be deemed to have "filed a case" at the time the
21    first  pleading  or  other  filing  on  which  an  individual
22    lawyer's name appears is submitted to the  court  for  filing
23    and opens a new case. All such fees shall be forwarded to the
24    Administrator of the Lengthy Trial Fund for deposit.
25        (c)  The  Administrator  shall  use the fees deposited in
26    the Lengthy Trial Fund  to  pay  supplemental  or  full  wage
27    replacement  to  jurors  whose  employers  pay less than full
28    regular wages when the period of  jury  service  reaches  the
29    11th day and thereafter.
30        (d)  The  court may pay replacement or supplemental wages
31    of up to $300 per day per juror beginning on the 11th day  of
32    jury  service.   In  addition, for any jurors who qualify for
33    payment by virtue of having served on a jury for more than 10
34    days, the court may, upon finding that such service  posed  a
 
                            -3-      LRB093 07207 RLC 13991 a
 1    significant  financial  hardship to a juror, even in light of
 2    payments made with respect to jury  service  after  the  10th
 3    day,  award  replacement  or supplemental wages of up to $100
 4    per day from the 4th to the 10th day of jury service.
 5             (1)  The form shall  disclose  the  juror's  regular
 6        wages,  the  amount the employer will pay during the term
 7        of jury service starting on the 11th day and  thereafter,
 8        the   amount   of   replacement   or  supplemental  wages
 9        requested, and any other  information  the  Administrator
10        deems necessary for proper payment.
11             (2)  The  juror  also  shall  be  required to submit
12        verification from the employer as to the wage information
13        provided  to  the   Administrator,   for   example,   the
14        employee's  most  recent  earnings  statement  or similar
15        document, prior to initiation of payment from the Fund.
16             (3)  If an individual is self-employed  or  receives
17        compensation other than wages, the individual may provide
18        a  sworn  affidavit  attesting  to his or her approximate
19        gross weekly income, together with such other information
20        as the Administrator may  require,  in  order  to  verify
21        weekly income.
22        (e)  The  following  attorneys  and  causes of action are
23    exempt from payment of the Lengthy Trial Fund fee:
24             (1)  Government attorneys  entering  appearances  in
25        the course of their official duties;
26             (2)  Pro se litigants;
27             (3)  Cases in small claims court; or
28             (4)  Claims   seeking   social  security  disability
29        determinations;  individual  veterans'  compensation   or
30        disability   determinations;   recoupment   actions   for
31        government  backed  educational loans or mortgages; child
32        custody and  support  cases;  actions  brought  in  forma
33        pauperis;  and  any other filings designated by rule that
34        involve  minimal  use  of  court   resources   and   that
 
                            -4-      LRB093 07207 RLC 13991 a
 1        customarily  are not afforded the opportunity for a trial
 2        by jury.

 3        Section 10.  The Jury Act is amended by changing Sections
 4    4.1, 5, 8, 10.2, and 15 and adding Section 10.3 as follows:

 5        (705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
 6        Sec. 4.1. Jury duty; notice to employer;  right  to  time
 7    off.
 8        (a)  Any  person who is not legally disqualified to serve
 9    on juries, and has been  duly  summoned  for  jury  duty  for
10    either  petit or grand jury service, shall not be required or
11    requested to use annual, vacation, or  sick  leave  for  time
12    spent  responding  to  a  summons  for  jury duty, time spent
13    participating in the jury selection process,  or  time  spent
14    actually  serving on a jury be given time off from employment
15    to serve upon the jury for which such employee  is  summoned,
16    regardless  of the employment shift such employee is assigned
17    to at the time of service of such summons.  An employee shall
18    give his employer reasonable notice of required jury service.
19    An employer may not deny an employee time off for  jury  duty
20    because  such employee is then assigned to work a night shift
21    of employment, that is, an employer cannot  require  a  night
22    shift  worker  to work while such employee is doing jury duty
23    in the daytime. Nothing  in  this  subsection  (a)  shall  be
24    construed to require an employer to provide annual, vacation,
25    or  sick  leave  to  employees  under  the provisions of this
26    Section who otherwise are not entitled to such benefits under
27    company policies.
28        (b)  No employer shall discharge, threaten to  discharge,
29    intimidate or coerce any employee by reason of the employee's
30    jury  service,  or  the attendance or scheduled attendance in
31    connection with such service, in any court of this State.
32        (c)  If an employee gives reasonable notice  of  required
 
                            -5-      LRB093 07207 RLC 13991 a
 1    jury  service,  any  employer  who violates the provisions of
 2    this Section:
 3             (1)  may be charged with contempt of court.  In such
 4        an event, the State's Attorney shall file a petition  for
 5        civil  contempt,  criminal contempt, or both, against the
 6        employer to be prosecuted by the State's Attorney; and
 7             (2)  shall be liable for damages  for  any  loss  of
 8        wages or other benefits suffered by an employee by reason
 9        of the violation; and
10             (3)  may be enjoined from further violations of this
11        Section  and ordered to reinstate any employee discharged
12        by reason of jury service.
13        As used in this Section, "reasonable notice  of  required
14    jury  service" means that the employee summoned for jury duty
15    must deliver to the employer a copy of the summons within  10
16    days of the date of issuance of the summons to the employee.
17        (d)  Any  individual  who  is reinstated to a position of
18    employment  in  accordance  with  this   Section   shall   be
19    considered  as  having  been  on furlough or leave of absence
20    during his period of jury service, shall be reinstated to his
21    position of employment without loss of seniority,  and  shall
22    be  entitled  to  participate  in insurance or other benefits
23    offered by the employer under established rules and practices
24    relating to employees on furlough  or  leave  of  absence  in
25    effect  with  the employer at the time the individual entered
26    upon jury service.
27        (e)  In any action or proceeding under this Section,  the
28    court  may  award a prevailing employee who brings the action
29    by retained counsel a reasonable attorney's fee.
30        (f)  Any right or remedy provided in this Section  is  in
31    addition  to any right or remedy otherwise provided by law to
32    an employee.
33        (g)  No employer shall  be  obligated  to  compensate  an
34    employee for time taken off for jury duty.
 
                            -6-      LRB093 07207 RLC 13991 a
 1        (g-5)  A   court   shall   automatically   postpone   and
 2    reschedule  the  service  of  a summoned juror employed by an
 3    employer  with  5  or  fewer  full-time  employees,  or   the
 4    equivalent,  if another employee of that employer is summoned
 5    to appear during the same period.  The postponement will  not
 6    constitute  the  excused  individual's right to one automatic
 7    postponement pursuant to Section 10.3 of this Act.
 8        (h)  The official responsible for issuing the summons may
 9    advise the juror of his rights  under  this  Act  by  printed
10    insert with the summons or on the summons itself.
11    (Source: P.A. 86-1395; 87-616.)

12        (705 ILCS 305/5) (from Ch. 78, par. 5)
13        Sec.   5.  Subsequent  selection  of  jurors;  length  of
14    service.
15        (a)  At the time of making such selection,  the  name  of
16    the  person selected shall be checked off from such list, and
17    shall not be again selected as  a  juror  till  every  person
18    named  upon  such list qualified to serve as a juror has been
19    selected; and all subsequent selections  of  jurors  by  such
20    board  shall be made from such list until all persons thereon
21    qualified to serve have been selected, or until a new list is
22    made: Provided, if any person who  has  been  selected  as  a
23    juror  shall  not have been drawn, or have served upon a jury
24    during the year for which  he  was  selected,  he  shall,  if
25    qualified, be selected for the next year.
26        (b)  In  counties  with populations greater than 100,000,
27    service of prospective petit jurors shall be for no more than
28    one court day in  actual  attendance,  unless  a  prospective
29    petit  juror  is  selected  to  serve  on  a jury or is under
30    consideration to serve  on  a  jury  and  such  consideration
31    covers  a  period  of 2 or more days.  Once selected, a petit
32    juror shall serve on the jury for the duration of  the  trial
33    unless excused by the presiding judge.
 
                            -7-      LRB093 07207 RLC 13991 a
 1    (Source: P.A. 86-1053.)

 2        (705 ILCS 305/8) (from Ch. 78, par. 8)
 3        Sec. 8.  Selection from box.
 4        (a)  Upon  a  day  designated  by the judge of the court,
 5    which shall be at least 20 days  before  the  first  day  for
 6    which  any  of  the  panel  then to be drawn is summoned, the
 7    clerk of such court shall repair to the office of the  county
 8    clerk,  and  in  the  presence  of a judge and of such county
 9    clerk, after the box  containing  the  names  has  been  well
10    shaken  by  the  county  clerk,  and being blindfolded shall,
11    without partiality,  draw  from  such  box  the  names  of  a
12    sufficient  number  of  such  persons,  then residents of the
13    county, not less than 30 for each 2  weeks  that  such  court
14    will  probably  be  in  session  for  the trial of common law
15    cases, to constitute the petit jurors for the time being  and
16    where  there  is  an  additional  judge in such court, a like
17    number for each additional judge requiring a jury, unless the
18    court shall otherwise order: Provided, that the  clerk  shall
19    at  any  time, when directed by an order of the court draw in
20    the manner  above  provided,  such  number  of  persons  then
21    residents of the county, as shall be required by the order to
22    act  as  petit  jurors  in such court for such time as may be
23    fixed in such order: And provided, that should the clerk draw
24    from the box the name of a person who is known to be dead, to
25    have been selected as a grand juror, a  non-resident,  absent
26    from  the  State, unable to attend in consequence of illness,
27    or that he is legally disqualified to serve as a  juror,  the
28    clerk  shall  report  the  name  of such person to the county
29    clerk, and the clerk of such court  shall  draw  other  names
30    until  the required number have been selected: Provided, also
31    that whenever there is  pending  for  trial  in  any  of  the
32    courts,  any  criminal cause wherein the defendant is charged
33    with a felony, and the judge holding such court is  convinced
 
                            -8-      LRB093 07207 RLC 13991 a
 1    from  the  circumstances  of  the  case that a jury cannot be
 2    obtained from the regular panel to try the cause,  the  judge
 3    may  in  his discretion, prior to the day fixed for the trial
 4    of the cause, direct the clerk to draw (in the same manner as
 5    the regular panel is drawn,) not exceeding  100  names  as  a
 6    special  panel  from  which a jury may be selected to try the
 7    cause.
 8        (b)  Notwithstanding the provisions  of  subsection  (a),
 9    names of jurors may be randomly drawn by computer.
10    (Source: P.A. 86-1053.)

11        (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
12        Sec. 10.2.  Excusing prospective jurors; hardship.
13        (a)  An  individual  may  apply  to  be excused from jury
14    service for a period of up to 24 months, instead of seeking a
15    postponement,  when  either:  The  county   boards   of   the
16    respective   counties,   the  jury  commissioners  for  those
17    counties which have been appointed under the Jury  Commission
18    Act,  or  a jury administrator shall submit questionnaires to
19    prospective jurors to inquire as to their qualifications  for
20    jury  service  and as to the hardship that jury service would
21    pose to the prospective jurors. Upon prior  approval  by  the
22    chief judge of the judicial circuits in which a county board,
23    jury  administrator,  or jury commissioners are situated, the
24    county board, jury administrator, or jury commissioners shall
25    excuse  a  prospective  juror  from  jury  service   if   the
26    prospective  juror  shows  that  such service would impose an
27    undue hardship on account of the nature  of  the  prospective
28    juror's occupation, business affairs, physical health, family
29    situation,  active  duty  in  the  Illinois National Guard or
30    Illinois Naval Militia, or other personal affairs, and  cause
31    his  or  her  name to be returned to the jury list or general
32    jury list.
33             (1)  The prospective juror has a mental or  physical
 
                            -9-      LRB093 07207 RLC 13991 a
 1        condition  that  causes  him  or  her  to be incapable of
 2        performing  jury  service.  The  juror,  or  the  juror's
 3        personal representative,  must  provide  the  court  with
 4        documentation  from  a  physician  licensed  to  practice
 5        medicine  in  all its branches verifying that a mental or
 6        physical condition renders  the  person  unfit  for  jury
 7        service for a period of not less than the 24 month period
 8        for which the excuse is sought; or
 9             (2)  Jury  service  would  otherwise  cause undue or
10        extreme physical or financial hardship to the prospective
11        juror or a person under his or her care or supervision. A
12        judge of the court for which the individual was called to
13        jury service shall make determinations regarding undue or
14        extreme physical or financial hardship. The authority  to
15        make  these  determinations  is  delegable  only to court
16        officials or personnel who are authorized by the laws  of
17        this State to function as members of the judiciary.
18        (b)  A  person  asking  to  be  excused from jury service
19    under this Section must take all actions  necessary  to  have
20    obtained  a  ruling on that request by no later than the date
21    on which the individual is scheduled to appear for jury duty.
22        (c)  For purposes of  this  Section,  "undue  or  extreme
23    physical  or  financial hardship" is limited to circumstances
24    in which an individual would:
25             (1)  Be required to abandon a person  under  his  or
26        her personal care or supervision due to the impossibility
27        of  obtaining  an appropriate substitute caregiver during
28        the period of participation in the jury pool  or  on  the
29        jury; or
30             (2)  Incur  costs  that  would  have  a  substantial
31        adverse   impact  on  the  payment  of  the  individual's
32        necessary daily living expenses or on those for  whom  he
33        or she provides the principal means of support; or
34             (3)  Suffer  physical  hardship that would result in
 
                            -10-     LRB093 07207 RLC 13991 a
 1        illness or disease.
 2        "Undue or extreme physical or  financial  hardship"  does
 3    not  exist  solely based on the fact that a prospective juror
 4    will be required to be  absent  from  his  or  her  place  of
 5    employment.
 6        A  person  asking  a  judge  to  grant an excuse based on
 7    "undue or extreme physical or financial  hardship"  shall  be
 8    required  to  provide  the judge with documentation, such as,
 9    but not limited to, federal and  State  income  tax  returns,
10    medical   statements   from  licensed  physicians,  proof  of
11    dependency or guardianship, and similar documents, which  the
12    judge  finds  to  clearly  support the request to be excused.
13    Failure to provide satisfactory documentation shall result in
14    a denial of the request to be excused.
15        (d)  After 24 months, a person excused from jury  service
16    shall become eligible once again for qualification as a juror
17    unless  the  person  was  excused from service permanently. A
18    person is excused from jury service permanently only when the
19    judge  determines  that  the  underlying  grounds  for  being
20    excused are of a permanent nature.
21        (e) (b)  When  an  undue  hardship  caused  by  a  family
22    situation  is  due to the prospective juror being the primary
23    care giver of a person with a mental or physical  disability,
24    a  person  with  a medically diagnosed behavior problem, or a
25    child under age 12, then the county board, jury commissioners
26    or jury administrator shall excuse such a prospective  juror,
27    if  it  finds that no reasonable alternative care is feasible
28    which would not impose an undue hardship on  the  prospective
29    juror  or  the  person  for  whom  the  prospective  juror is
30    providing care, or both.
31    (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)

32        (705 ILCS 305/10.3 new)
33        Sec. 10.3.  Postponement of jury service.
 
                            -11-     LRB093 07207 RLC 13991 a
 1        (a)  Notwithstanding Section 10.2 or any other  provision
 2    of this Act, individuals scheduled to appear for jury service
 3    have  the  right  to  postpone  the  date  of  their  initial
 4    appearance  for  jury  service one time only. When requested,
 5    postponements shall be granted, provided that:
 6             (1)  The juror has not  previously  been  granted  a
 7        postponement;
 8             (2)  The  prospective  juror  appears  in  person or
 9        contacts the clerk of the court by telephone,  electronic
10        mail, or in writing to request a postponement; and
11             (3)  Prior  to  the grant of a postponement with the
12        concurrence of the clerk of the  court,  the  prospective
13        juror fixes a date certain on which he or she will appear
14        for jury service that is not more than 6 months after the
15        date on which the prospective juror originally was called
16        to serve and on which date the court will be in session.
17        (b)  A subsequent request to postpone jury service may be
18    approved  by  a  judicial  officer  only  in  the event of an
19    extreme emergency, such as a  death  in  the  family,  sudden
20    illness,  a natural disaster or a national emergency in which
21    the prospective juror is personally involved, that could  not
22    have  been  anticipated  at the time the initial postponement
23    was granted. Prior to the grant of a second postponement, the
24    prospective juror must  fix  a  date  certain  on  which  the
25    individual  will  appear  for jury service within 6 months of
26    the postponement on a date when the court will be in session.

27        (705 ILCS 305/15) (from Ch. 78, par. 15)
28        Sec. 15.  Failure to attend;  misdemeanor.  Every  person
29    who  shall fail to attend when lawfully summoned to appear as
30    a grand or petit  juror,  without  having  properly  obtained
31    postponement  or  excuse pursuant to Sections 10.2 and 10.3 a
32    reasonable excuse, shall be considered  as  is  guilty  of  a
33    Class C misdemeanor and subject to imprisonment or fine of up
 
                            -12-     LRB093 07207 RLC 13991 a
 1    to  $500  in accordance with the laws of this State contempt,
 2    and shall be fined by the courts, respectively,  in  any  sum
 3    not  less  than  $5  nor  more  than $100, for the use of the
 4    proper county, unless good cause be shown for  such  default;
 5    and  it  shall  be the duty of the court to enter an order of
 6    attachment,   returnable   forthwith,   against   all    such
 7    delinquents,  and  upon  the  return  thereof the court shall
 8    proceed to assess the fine unless the person  or  persons  so
 9    attached   shall   show  good  cause  for  such  delinquency:
10    Provided, that the oath or affirmation of any such delinquent
11    shall, at all times, be received as competent evidence.
12    (Source: P.A. 83-346.)

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

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