99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3704

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 305/10.4
705 ILCS 310/10.5

    Amends the Jury Act and the Jury Commission Act. In Sections concerning removal of prospective jurors due to total and permanent disability, provides that proof of total and permanent disability may be submitted in the form of copies of school special education individual education programs. Provides that the county board, jury administrator, or jury commissioners shall notify a prospective juror, or his or her legal guardian, when the juror is permanently excluded from all current and subsequent jury lists or general jury lists due to total and permanent disability.


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A BILL FOR

 

HB3704LRB099 09017 HEP 29199 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Jury Act is amended by changing Section 10.4
5as follows:
 
6    (705 ILCS 305/10.4)
7    Sec. 10.4. Removal of prospective juror due to total and
8permanent disability. If a prospective juror is found to be
9unqualified due to the existence of a total and permanent
10disability or is excused for undue hardship that is due to the
11existence of a total and permanent disability, the county
12board, jury administrator, or jury commissioners shall
13permanently exclude the prospective juror from all current and
14subsequent jury lists or general jury lists. Proof of total and
15permanent disability shall be either:
16        (1) a written letter from a licensed physician that
17    states the prospective juror has a total and permanent
18    disability as defined in this Section, describes the
19    disability, explains how it prevents the prospective juror
20    from serving as a juror, and states that the prospective
21    juror will never be able to serve as a juror; or .
22        (2) copies of school special education individual
23    education programs submitted by the prospective juror or

 

 

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1    his or her legal guardian.
2    The county board, jury administrator, or jury
3commissioners shall create and maintain a list of persons to be
4permanently excluded from any jury list or general jury list
5pursuant to this Section. The county board, jury administrator,
6or jury commissioners shall notify a prospective juror, or his
7or her legal guardian, when the juror is permanently excluded
8from all current and subsequent jury lists or general jury
9lists due to total and permanent disability.
10    For the purposes of this Section, "total and permanent
11disability" means any physical or mental impairment, disease,
12or loss of a permanent nature that prevents performance of the
13duties of a juror.
14(Source: P.A. 97-436, eff. 1-1-12.)
 
15    Section 10. The Jury Commission Act is amended by changing
16Section 10.5 as follows:
 
17    (705 ILCS 310/10.5)
18    Sec. 10.5. Removal of prospective juror due to total and
19permanent disability. If a prospective juror is found to be
20unqualified due to the existence of a total and permanent
21disability or is excused for undue hardship that is due to the
22existence of a total and permanent disability, the jury
23administrator or jury commissioners shall permanently exclude
24the prospective juror from all current and subsequent jury

 

 

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1lists or general jury lists. Proof of total and permanent
2disability shall be either:
3        (1) a written letter from a licensed physician that
4    states the prospective juror has a total and permanent
5    disability as defined in this Section, describes the
6    disability, explains how it prevents the prospective juror
7    from serving as a juror, and states that the prospective
8    juror will never be able to serve as a juror; or .
9        (2) copies of school special education individual
10    education programs submitted by the prospective juror or
11    his or her legal guardian.
12    The jury administrator or jury commissioners shall create
13and maintain a list of persons to be permanently excluded from
14any jury list or general jury list pursuant to this Section.
15The jury administrator or jury commissioners shall notify a
16prospective juror, or his or her legal guardian, when the juror
17is permanently excluded from all current and subsequent jury
18lists or general jury lists due to total and permanent
19disability.
20    For the purposes of this Section, "total and permanent
21disability" means any physical or mental impairment, disease,
22or loss of a permanent nature that prevents performance of the
23duties of a juror.
24(Source: P.A. 97-436, eff. 1-1-12.)