Full Text of SB1302 94th General Assembly
SB1302sam001 94TH GENERAL ASSEMBLY
|
Sen. Don Harmon
Filed: 4/11/2005
|
|
09400SB1302sam001 |
|
LRB094 04561 RCE 44892 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1302
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1302 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the Fair | 5 |
| Jury Act. | 6 |
| Section 5. Findings and purposes. | 7 |
| (a) Findings. The General Assembly finds as follows: | 8 |
| (1) Juries in Illinois frequently do not accurately | 9 |
| represent a fair cross-section of the community. | 10 |
| (2) Juries are bodies whose deliberative function is | 11 |
| enhanced by the inclusion of diverse perspectives and | 12 |
| experience. | 13 |
| (3) The county-wide at large jury selection process | 14 |
| systematically results in the over-representation of some | 15 |
| economic communities while low and moderate income | 16 |
| communities are under-represented or absent from venires | 17 |
| and juries. This under-representation is caused by a number | 18 |
| of factors, including but not limited to: | 19 |
| (A) Data sources, such as voter registration lists | 20 |
| and driver's license registrations, that do not | 21 |
| include otherwise qualified persons of low or moderate | 22 |
| income. | 23 |
| (B) Low rates of response to jury summonses from | 24 |
| otherwise qualified persons of low or moderate income. |
|
|
|
09400SB1302sam001 |
- 2 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| (C) The use of peremptory challenges. | 2 |
| (D) The inability to serve jury summonses on those | 3 |
| who frequently change residence. | 4 |
| (E) Lengthy travel time decreasing the ability of | 5 |
| some to serve on juries. | 6 |
| (4) Our system of criminal and civil justice: | 7 |
| (A) No longer enjoys the full confidence of the | 8 |
| entire population, members of which doubt that it is | 9 |
| fair and unbiased. | 10 |
| (B) At times violates or impairs the right to be | 11 |
| charged and tried by a jury that represents a fair | 12 |
| cross-section of the community. | 13 |
| (C) At times violates or impairs the right to have | 14 |
| civil actions and grievances tried by a jury that | 15 |
| represents a fair cross-section of the community. | 16 |
| (D) At times violates or impairs the right to be | 17 |
| charged and tried by a jury selected in a process that | 18 |
| does not restrict the possibility that juries comprise | 19 |
| a fair cross-section of the community. | 20 |
| (E) At times violates or impairs the right to have | 21 |
| a civil action or grievance tried by a jury selected in | 22 |
| a process that does not restrict the possibility that | 23 |
| juries comprise a fair cross-section of the community. | 24 |
| (F) Deprives the courts of diverse perspectives, | 25 |
| and thereby impairs the capacity of the courts to | 26 |
| ascertain the truth and reflect the conscience of the | 27 |
| community in administering justice. | 28 |
| (G) Impairs the capacity of juries to check any | 29 |
| overzealous or mistaken exercise of power by the State. | 30 |
| (H) At times violates or impairs the right of all | 31 |
| members of our society to fully participate in the | 32 |
| governmental function of administering justice. | 33 |
| (I) Diminishes the capacity of our court system to | 34 |
| promote a respect for the rule of law. |
|
|
|
09400SB1302sam001 |
- 3 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| (5) The current system burdens over-represented | 2 |
| communities with additional jury service obligations. | 3 |
| (b) Purposes. The purposes of this Act are to (i) promote | 4 |
| the rights of litigants, especially criminal defendants, to be | 5 |
| charged and tried by a jury that is selected in a process | 6 |
| designed to represent a reasonable and fair cross-section of | 7 |
| the community; (ii) ensure that courts and juries benefit from | 8 |
| the perspectives of various communities in ascertaining the | 9 |
| truth, administering justice, and checking any wrongful or | 10 |
| mistaken exercise of power by the State; (iii) restore public | 11 |
| confidence in our system of justice; (iv) enhance the capacity | 12 |
| of the jury system to promote respect for the rule of law; and | 13 |
| (v) safeguard the constitutional guarantee of equal protection | 14 |
| in jury selection, including but not limited to the right of | 15 |
| members of cognizable groups to be represented in the | 16 |
| government administration of justice.
| 17 |
| Section 10. Counties of more than 100,000 inhabitants. | 18 |
| After July 1, 2007, grand and petit juries in every county of | 19 |
| this State with more than 100,000 inhabitants shall be | 20 |
| constituted as provided in this Act. Except as provided | 21 |
| otherwise in this Act, the jury selection process in all | 22 |
| counties also shall meet the requirements of the Jury Act, the | 23 |
| Jury Commission Act, and any rules established under those | 24 |
| Acts. | 25 |
| Section 15. Jury districts. | 26 |
| (a) On or before July 1, 2006, and every 10 years | 27 |
| thereafter, using demographic and economic data as determined | 28 |
| by the most recent federal census, the General Assembly shall | 29 |
| by law create (i) 12 jury districts in each county other than | 30 |
| Cook and (ii) 24 jury districts in Cook County. At the time | 31 |
| jury districts are created in Cook County, and thereafter as | 32 |
| necessary because of new or relocated courthouses, the General |
|
|
|
09400SB1302sam001 |
- 4 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| Assembly, by law, shall designate, for each courthouse in Cook | 2 |
| County where juries sit, the 12 jury districts assigned to that | 3 |
| courthouse; these designations shall be based upon proximity to | 4 |
| the courthouse and shall be made in a manner so as to | 5 |
| accomplish the purposes of this Act. | 6 |
| (b) Jury districts shall be compact, contiguous, and | 7 |
| substantially equal in population. | 8 |
| (c) To the maximum extent possible, jury districts in each | 9 |
| county shall encompass, in their entirety, geographically | 10 |
| compact low-income communities. For purposes of this Section, a | 11 |
| community shall be considered a "low-income community" if its | 12 |
| median per person income is less than 200% of the federal | 13 |
| poverty level. | 14 |
| (d) Upon fulfillment of the requirements established in | 15 |
| subsections (b) and (c) of this Section, jury districts shall | 16 |
| encompass other economic and geographic communities of | 17 |
| interest. | 18 |
| (e) Jury district maps shall not unreasonably restrict the | 19 |
| possibility that grand and petit juries will comprise a fair | 20 |
| cross-section of the economic and geographic communities of | 21 |
| interest in the county. | 22 |
| (f) Jury district maps shall not bridge, impair, or | 23 |
| infringe upon the right of equal protection guaranteed by the | 24 |
| constitutions of the State of Illinois and the United States.
| 25 |
| Section 20. General jury district lists. On or before | 26 |
| October 1, 2006, and at any time thereafter when necessary for | 27 |
| the purposes of this Act, the persons otherwise required to | 28 |
| prepare general jury lists under the Jury Act or Jury | 29 |
| Commission Act shall make a list for each of the jury districts | 30 |
| in each county, identifying all legal voters and all Illinois | 31 |
| driver's license, Illinois Identification Card, and Illinois | 32 |
| Disabled Person Identification Card holders of each jury | 33 |
| district, and giving their respective place of residence, to be |
|
|
|
09400SB1302sam001 |
- 5 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| known as the general jury district lists. The manner of | 2 |
| preparation for the general jury district lists may be further | 3 |
| prescribed as provided in the Jury Act and the Jury Commission | 4 |
| Act. In compiling the general jury district lists, duplication | 5 |
| of names shall be avoided to the extent practical. The general | 6 |
| jury district lists may be revised and amended annually in the | 7 |
| discretion of the persons otherwise required by law to prepare | 8 |
| general jury lists. The name of each person on the general jury | 9 |
| district lists shall be entered in a record kept for that | 10 |
| purpose and, opposite the name, shall be entered his or her age | 11 |
| and place of residence, giving street and number, if any. | 12 |
| Section 25. Active and period jury district lists. In the | 13 |
| manner provided by the Jury Act or the Jury Commission Act and | 14 |
| any rules adopted under the applicable Act, the persons | 15 |
| otherwise required to prepare active jury lists shall: | 16 |
| (1) From time to time prepare secondary lists for each | 17 |
| jury district, to be known as active jury district lists, | 18 |
| containing the required number of names taken from the | 19 |
| general jury district lists, and other lists, to be known | 20 |
| as period jury district lists, for each jury district. The | 21 |
| period jury district lists shall contain the names of | 22 |
| prospective jurors who shall have indicated, either before | 23 |
| or after being summoned for jury duty, at what time of the | 24 |
| year they could most conveniently serve. The active jury | 25 |
| district lists and, except as to the names of persons | 26 |
| certified by the clerk of the court as provided in the Jury | 27 |
| Act and the Jury Commission Act, the period jury district | 28 |
| lists shall be prepared by selecting every twentieth name, | 29 |
| or such other whole number rate necessary to obtain the | 30 |
| necessary number of active district jurors from the general | 31 |
| jury district lists, as established by the persons | 32 |
| otherwise authorized by law to establish the number of | 33 |
| active jurors required. |
|
|
|
09400SB1302sam001 |
- 6 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| (2) Make the active jury district lists and, except as | 2 |
| to the names of persons certified by the clerk of the court | 3 |
| as provided in the Jury Act or the Jury Commission Act, the | 4 |
| period jury district lists available for the clerks of the | 5 |
| circuit court to draw therefrom by lot, as required in this | 6 |
| Act, providing for the purpose such devices or mechanisms | 7 |
| as the rules prescribe. | 8 |
| (3) Provide for the manner of selection of jurors to be | 9 |
| provided to coroners pursuant to Section 3-3013 of the | 10 |
| Counties Code. The manner of selection, however, shall be, | 11 |
| to the extent practical, similar to the manner in which | 12 |
| petit and grand jurors are selected. | 13 |
| (4) Perform such other duties in relation to the | 14 |
| selection of persons for jury service and their appearance | 15 |
| for that service as are prescribed by this Act or as may be | 16 |
| prescribed by the Jury Act or Jury Commission Act, and the | 17 |
| rules established under the applicable Act. | 18 |
| Section 30. Certification of need and notification to | 19 |
| active district jurors. In the time and manner provided by the | 20 |
| Jury Act or the Jury Commission Act, the chief judge of the | 21 |
| circuit court or such other persons authorized to do so shall | 22 |
| certify to the clerk of the court the number of petit and grand | 23 |
| jurors required each month. In the time, place, and manner | 24 |
| otherwise required by the Jury Act or the Jury Commission Act, | 25 |
| the clerk of the court shall then proceed to draw by a random | 26 |
| process a sufficient number of names from the 12 active jury | 27 |
| district lists and 12 period jury district lists so as to | 28 |
| fulfill the requirements of this Act. The number of names drawn | 29 |
| from each jury district, however, shall be equal. The clerk of | 30 |
| the court shall thereupon certify the persons whose names are | 31 |
| so drawn and summon them as otherwise required by the Jury Act | 32 |
| or the Jury Commission Act. If more jurors are needed during | 33 |
| the month, a judge of the court shall so certify; their names |
|
|
|
09400SB1302sam001 |
- 7 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| shall be drawn and certified forthwith, and they shall be | 2 |
| served in the manner provided in this Section. When a grand | 3 |
| jury is required by law or by order of the court, it shall be | 4 |
| drawn and certified and served in like manner. Each time an | 5 |
| active jury district list or period jury district list is | 6 |
| exhausted, another such list shall be furnished as provided in | 7 |
| this Act, the Jury Act, and the Jury Commission Act. | 8 |
| Section 35. Petit jurors; examination as to qualification; | 9 |
| panels. The judge shall examine the jurors who appear, and if | 10 |
| more than 6 petit jurors from a jury district who are qualified | 11 |
| and not subject to any of the disqualifications provided in | 12 |
| this Act, the Jury Act, or the Jury Commission Act appear and | 13 |
| remain after all excuses are allowed, the court may discharge | 14 |
| by lot the number of jurors from that jury district in excess | 15 |
| of 4. If for any reason the panel of petit jurors is not full at | 16 |
| any time, the clerk of the court may again draw, in the same | 17 |
| manner as at the first drawing, such number of jurors as the | 18 |
| court shall direct to fill the panel under this Act, who shall | 19 |
| be summoned in the same manner as the others and, if necessary, | 20 |
| jurors may continue to be so drawn and summoned from time to | 21 |
| time until the panel is filled. In case a jury is required in | 22 |
| the court for trial of any cause, before the panel is filled in | 23 |
| the manner provided in this Section, the court shall direct the | 24 |
| sheriff to summon from the bystanders, or from the body of the | 25 |
| county, a sufficient number of persons from each juror district | 26 |
| having the qualifications of jurors, as provided in this Act, | 27 |
| to fill the panel in order that a jury to try the cause may be | 28 |
| drawn therefrom, and when that jury is drawn, the persons | 29 |
| selected from the bystanders or from the body of the county to | 30 |
| fill the panel and not chosen on the jury shall be discharged | 31 |
| from the panel and those who are chosen to serve on that jury | 32 |
| shall also be discharged from the panel at the conclusion of | 33 |
| the trial. Persons selected from the bystanders, as provided in |
|
|
|
09400SB1302sam001 |
- 8 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| this Section, shall not thereby be disqualified or exempt from | 2 |
| service as jurors when regularly drawn by the clerk for that | 3 |
| purpose, in the manner provided in this Act. | 4 |
| Section 40. Petit jurors: exhaustion of panels. If by | 5 |
| reason of challenge in the selection of a jury for the trial of | 6 |
| any cause, or by reason of the sudden sickness or absence of | 7 |
| any juror for any cause, the regular panel is exhausted, the | 8 |
| court may direct the sheriff to summon a sufficient number of | 9 |
| persons from each juror district having the qualifications of | 10 |
| jurors to fill the panel for the pending trial, but upon | 11 |
| objection by either party to the cause to the sheriff summoning | 12 |
| a sufficient number of persons to fill the panel, the court | 13 |
| shall appoint a special bailiff to summon such person, provided | 14 |
| the same person shall not be appointed special bailiff more | 15 |
| than once in 60 days. | 16 |
| Section 45. Petit juries: constitution and selection. | 17 |
| Notwithstanding any other provision of law, including but not | 18 |
| limited to Sections 2-1105.1 and 2-1106 of the Code of Civil | 19 |
| Procedure and Section 115-4 of the Code of Criminal Procedure, | 20 |
| in any cause that is to be tried by a 12-member jury, petit | 21 |
| juries shall be constituted of one juror from each jury | 22 |
| district. In any cause that is to be tried by a 6-member jury, | 23 |
| petit juries shall be constituted of one juror from each of 6 | 24 |
| jury districts selected by chance. When alternate jurors are | 25 |
| required, one juror from each of the required number of jury | 26 |
| districts shall be selected by chance. As often as a jury is | 27 |
| necessary, one name from each jury district or districts (and, | 28 |
| when alternate jurors are required, one name from each of the | 29 |
| required number of jury districts selected by chance) shall be | 30 |
| selected from the panel assembled as provided in this Act, and | 31 |
| that person shall be sworn on the jury in such manner as | 32 |
| ordered and directed by the court. The attorney for any party |
|
|
|
09400SB1302sam001 |
- 9 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| litigant in any cause assigned to jury trial shall have the | 2 |
| right to be present in person at the time and place when the | 3 |
| selection of jurors for trial of the cause is made and for voir | 4 |
| dire examination and challenges as otherwise provided by law. A | 5 |
| party litigant whose attorney is present at the selection | 6 |
| process waives any objection to the selection procedure unless | 7 |
| the objection is asserted prior to the time any prospective | 8 |
| juror is called for voir dire examination. | 9 |
| Section 50. Grand jurors. If a grand jury is required by | 10 |
| law or by the order of the judge for any court, the persons | 11 |
| otherwise required to select grand jurors under the Jury Act or | 12 |
| the Jury Commission Act shall: | 13 |
| (1) select, in the time and manner otherwise required | 14 |
| under the Jury Act or the Jury Commission Act, one person | 15 |
| who is otherwise qualified to serve as a grand juror from | 16 |
| each jury district, and one person who is otherwise | 17 |
| qualified to serve as a grand juror from each of 4 jury | 18 |
| districts selected by chance, to serve as grand jurors, to | 19 |
| be known as the regular jury district panel; | 20 |
| (2) select, at the same time and in like manner, a like | 21 |
| number of persons otherwise qualified to serve as a grand | 22 |
| jury, the panel of the additional persons so selected to be | 23 |
| known as the supplemental jury district panel; and | 24 |
| (3) cause the clerk within 5 days thereafter to certify | 25 |
| the 2 panels properly identified as the regular jury | 26 |
| district panel and supplemental jury district panel, | 27 |
| respectively, to the clerk of the court for which they are | 28 |
| selected, who shall issue a summons to each of the 16 | 29 |
| persons so selected for the regular panel, in the time and | 30 |
| manner otherwise required under the Jury Act or the Jury | 31 |
| Commission Act, to constitute a grand jury. | 32 |
| Section 55. Constitution of grand jury. Notwithstanding |
|
|
|
09400SB1302sam001 |
- 10 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| any other provision of law, grand juries shall consist of one | 2 |
| juror from each jury district and one juror from each of 4 jury | 3 |
| districts selected by chance, selected as provided in this Act, | 4 |
| of whom 12, one from each jury district, shall be sufficient to | 5 |
| constitute a grand jury. If for any reason the jury district | 6 |
| panel is not full at the opening of court, the judge shall | 7 |
| direct the sheriff to summon persons named in the supplemental | 8 |
| jury district panel, so as to fill the jury district panel of | 9 |
| grand jurors as required in this Act, and if the supplemental | 10 |
| panel is exhausted without filling the grand jury panel, the | 11 |
| judge shall select by lot names from the various jury district | 12 |
| lists and direct the sheriff to summon a sufficient number of | 13 |
| persons having the qualifications of jurors, as provided by | 14 |
| this Act, to fill the panel as required in this Act. | 15 |
| Section 60. Applicability. The provisions of this Act apply | 16 |
| to proceedings in both civil and criminal cases. | 17 |
| Section 65. Remedies. | 18 |
| (a) The courts shall sustain an objection, exception, or | 19 |
| challenge to any petit juror or grand juror, any panel of petit | 20 |
| or grand jurors, and any petit or grand jury because of any | 21 |
| failure to comply with Section 45 or Section 55 of this Act if | 22 |
| the party urging the objection shows to the court, by a | 23 |
| preponderance of evidence, that he or she is a party to the | 24 |
| action and the requirements of Section 45 or 55 of this Act | 25 |
| have not been met. | 26 |
| (b) The courts shall sustain an objection, exception, or | 27 |
| challenge to any jury district map established under Section 15 | 28 |
| of this Act if the party urging the objection shows to the | 29 |
| court, by a preponderance of evidence, that he or she is a | 30 |
| resident of the county and a member of a low-income community, | 31 |
| as that term is defined in subsection (c) of Section 15 of this | 32 |
| Act, whose right to a reasonable and consistent opportunity to |
|
|
|
09400SB1302sam001 |
- 11 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| be represented on a jury has likely been or will likely be | 2 |
| impaired because the requirements of subsection (c) of Section | 3 |
| 15 of this Act have not been met. | 4 |
| (c) If a court does not sustain an objection raised by a | 5 |
| criminal defendant under subsection (a) of this Section, the | 6 |
| criminal defendant may appeal the court's decision through an | 7 |
| interlocutory process. | 8 |
| (d) Nothing in this Act confers on any individual person a | 9 |
| right to serve on a petit or grand jury. | 10 |
| (e) Nothing in this Act limits, abridges, or impairs the | 11 |
| rights or remedies available to any person under any other | 12 |
| provision of State or federal law. | 13 |
| Section 70. Planning and implementation. No later than one | 14 |
| year after the effective date of this Act, the clerk of the | 15 |
| court in each county of this State shall, after conducting open | 16 |
| hearings or meetings with the county's chief executive, chief | 17 |
| judge, public defender, State's attorney, and other interested | 18 |
| persons, file with the President of the Senate and the Speaker | 19 |
| of the House of Representatives a plan that identifies (i) the | 20 |
| manner in which this Act will be implemented in that county; | 21 |
| (ii) foreseeable administrative or procedural hindrances to | 22 |
| the successful implementation of this Act in that County; and | 23 |
| (iii) solutions to those hindrances. Within available | 24 |
| appropriations, the Attorney General shall confer with any | 25 |
| public or private associations of clerks of the court and | 26 |
| provide technical assistance to those clerks in the preparation | 27 |
| and production of the plans required under this Section. | 28 |
| Section 75. Constitutional and legal rights. Nothing in | 29 |
| this Act abridges or affects the rights and remedies otherwise | 30 |
| available to criminal defendants, parties in civil actions, or | 31 |
| other persons under the constitution and laws of this State and | 32 |
| the United States. |
|
|
|
09400SB1302sam001 |
- 12 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| Section 90. Home rule. A home rule unit may not regulate | 2 |
| jury selection in a manner inconsistent with the regulation of | 3 |
| jury selection by the State under this Act. This Section is a | 4 |
| limitation under subsection (i) of Section 6 of Article VII of | 5 |
| the Illinois Constitution on the concurrent exercise by home | 6 |
| rule units of powers and functions exercised by the State. | 7 |
| Section 95. Inseverability. The provisions of this Act are | 8 |
| mutually dependent and inseverable. If any provision is held | 9 |
| invalid other than as applied to a particular person or | 10 |
| circumstance, then this entire Act is invalid. | 11 |
| Section 97. Mandate exemption. Notwithstanding Sections 6 | 12 |
| and 8 of the State Mandates Act, no reimbursement by the State | 13 |
| is required for the implementation of any mandate created by | 14 |
| this Act. | 15 |
| Section 900. The State Mandates Act is amended by adding | 16 |
| Section 8.29 as
follows:
| 17 |
| (30 ILCS 805/8.29 new)
| 18 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 19 |
| of this
Act, no reimbursement by the State is required for the | 20 |
| implementation of
any mandate created by this amendatory Act of | 21 |
| the 94th General Assembly.
| 22 |
| Section 905. The Jury Act is amended by adding Section 23.5 | 23 |
| as follows: | 24 |
| (705 ILCS 305/23.5 new)
| 25 |
| Sec. 23.5. Fair Jury Act controls. The provisions of this | 26 |
| Act are subject to the provisions of the Fair Jury Act. To the | 27 |
| extent that any provision of this Act is inconsistent with any |
|
|
|
09400SB1302sam001 |
- 13 - |
LRB094 04561 RCE 44892 a |
|
| 1 |
| provision of the Fair Jury Act, the Fair Jury Act controls.
| 2 |
| Section 910. The Jury Commission Act is amended by adding | 3 |
| Section 12.5 as follows: | 4 |
| (705 ILCS 310/12.5 new)
| 5 |
| Sec. 12.5. Fair Jury Act controls. The provisions of this | 6 |
| Act are subject to the provisions of the Fair Jury Act. To the | 7 |
| extent that any provision of this Act is inconsistent with any | 8 |
| provision of the Fair Jury Act, the Fair Jury Act controls.
| 9 |
| Section 999. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|