SB3286 99TH GENERAL ASSEMBLY

LRB099 20733 HEP 45377 b

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Jury Act is amended by changing Section 2 as follows:

(705 ILCS 305/2) (from Ch. 78, par. 2)

Sec. 2. Jury qualifications.

(a) At the September meeting of the county board in each year in the respective counties in this State, except those that have jury commissioners, the board shall select from the list the number of persons as the judges of the circuit courts, to be held in the county during the succeeding year, may by joint action determine to serve as petit jurors. In counties having jury commissioners, the persons to serve as petit jurors shall be selected by the jury commissioners, as provided by law. County boards, a jury administrator, and jury commissioners may utilize the services of the Administrative Office of the Illinois Courts in making these selections. Jurors in all counties in Illinois must have the legal qualifications herein prescribed. Jurors must be:

(1) Inhabitants of the county.

(2) Of the age of 18 years or upwards.

(3) Free from all legal exception, of fair character, of approved integrity, of sound judgment, well informed, and able to understand the English language, whether in spoken or written form or interpreted into sign language.

(4) Citizens of the United States of America.

(b) 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 religion, national origin, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable military discharge, as those terms are defined in Section 1-103 of the Illinois Human Rights Act, or on the basis of race, color, or ancestry.

(Source: P.A. 90-482, eff. 1-1-98.)

Section 10. The Code of Civil Procedure is amended by changing Section 2-1106 as follows:

(735 ILCS 5/2-1106) (from Ch. 110, par. 2-1106)

Sec. 2-1106. Peremptory challenges - Alternate jurors. (a) Each side shall be entitled to 5 peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed 3, on account of each additional party on the side having the greatest number of parties. Each side shall be allowed an equal number of peremptory challenges. If the parties on a side are unable to agree upon the allocation of peremptory challenges among themselves, the allocation shall be determined by the court. A party shall not use a peremptory challenge to remove a prospective juror on the basis of religion, sex, national origin, or sexual orientation, as those terms are defined in Section 1-103 of the Illinois Human Rights Act, or on the basis of race, color, or economic status.

(b) The court may direct that 1 or 2 jurors in addition to the regular panel be impanelled to serve as alternate jurors. Alternate jurors, in the sequence in which they are ordered into the jury box, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable to perform their duties. Alternate jurors shall be drawn in the same manner, have the same qualifications, be subject to the same examination and challenges, take the same oath, and have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror shall be discharged at the time the jury retires to consider its verdict. If alternate jurors are called each side shall be allowed one additional peremptory challenge, regardless of the number of alternate jurors called. The additional peremptory challenge may be used only against an alternate juror, but any unexercised peremptory challenges may be used against an alternate juror.

(Source: P.A. 83-707.)