99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3286

 

Introduced 2/19/2016, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 305/2  from Ch. 78, par. 2
735 ILCS 5/2-1106  from Ch. 110, par. 2-1106

    Amends the Jury Act. Provides that except as otherwise specifically provided by statute, no person who is qualified and able to serve as a juror may be excluded from jury service in any court of this State on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. Amends the Code of Civil Procedure. Provides that a party shall not use a peremptory challenge to remove a prospective juror on the basis of race, color, religion, sex, national origin, economic status, or sexual orientation.


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A BILL FOR

 

SB3286LRB099 20733 HEP 45377 b

1    AN ACT concerning civil law.
 
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 2 as
5follows:
 
6    (705 ILCS 305/2)  (from Ch. 78, par. 2)
7    Sec. 2. Jury qualifications.
8    (a) At the September meeting of the county board in each
9year in the respective counties in this State, except those
10that have jury commissioners, the board shall select from the
11list the number of persons as the judges of the circuit courts,
12to be held in the county during the succeeding year, may by
13joint action determine to serve as petit jurors. In counties
14having jury commissioners, the persons to serve as petit jurors
15shall be selected by the jury commissioners, as provided by
16law. County boards, a jury administrator, and jury
17commissioners may utilize the services of the Administrative
18Office of the Illinois Courts in making these selections.
19Jurors in all counties in Illinois must have the legal
20qualifications herein prescribed. Jurors must be:
21        (1) Inhabitants of the county.
22        (2) Of the age of 18 years or upwards.
23        (3) Free from all legal exception, of fair character,

 

 

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1    of approved integrity, of sound judgment, well informed,
2    and able to understand the English language, whether in
3    spoken or written form or interpreted into sign language.
4        (4) Citizens of the United States of America.
5    (b) Except as otherwise specifically provided by statute,
6no person who is qualified and able to serve as a juror may be
7excluded from jury service in any court of this State on the
8basis of religion, national origin, age, sex, marital status,
9order of protection status, disability, military status,
10sexual orientation, pregnancy, or unfavorable military
11discharge, as those terms are defined in Section 1-103 of the
12Illinois Human Rights Act, or on the basis of race, color, or
13ancestry.
14(Source: P.A. 90-482, eff. 1-1-98.)
 
15    Section 10. The Code of Civil Procedure is amended by
16changing Section 2-1106 as follows:
 
17    (735 ILCS 5/2-1106)  (from Ch. 110, par. 2-1106)
18    Sec. 2-1106. Peremptory challenges - Alternate jurors. (a)
19Each side shall be entitled to 5 peremptory challenges. If
20there is more than one party on any side, the court may allow
21each side additional peremptory challenges, not to exceed 3, on
22account of each additional party on the side having the
23greatest number of parties. Each side shall be allowed an equal
24number of peremptory challenges. If the parties on a side are

 

 

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1unable to agree upon the allocation of peremptory challenges
2among themselves, the allocation shall be determined by the
3court. A party shall not use a peremptory challenge to remove a
4prospective juror on the basis of religion, sex, national
5origin, or sexual orientation, as those terms are defined in
6Section 1-103 of the Illinois Human Rights Act, or on the basis
7of race, color, or economic status.
8    (b) The court may direct that 1 or 2 jurors in addition to
9the regular panel be impanelled to serve as alternate jurors.
10Alternate jurors, in the sequence in which they are ordered
11into the jury box, shall replace jurors who, prior to the time
12the jury retires to consider its verdict, become unable to
13perform their duties. Alternate jurors shall be drawn in the
14same manner, have the same qualifications, be subject to the
15same examination and challenges, take the same oath, and have
16the same functions, powers, facilities, and privileges as the
17principal jurors. An alternate juror who does not replace a
18principal juror shall be discharged at the time the jury
19retires to consider its verdict. If alternate jurors are called
20each side shall be allowed one additional peremptory challenge,
21regardless of the number of alternate jurors called. The
22additional peremptory challenge may be used only against an
23alternate juror, but any unexercised peremptory challenges may
24be used against an alternate juror.
25(Source: P.A. 83-707.)