Full Text of SB0063 97th General Assembly
SB0063ham001 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/29/2011
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| 1 | | AMENDMENT TO SENATE BILL 63
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 63 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Circuit Courts Act is amended by changing | 5 | | Sections 1 and 2f-9 and by adding Sections 2f-10 and 2f-11 as | 6 | | follows:
| 7 | | (705 ILCS 35/1) (from Ch. 37, par. 72.1)
| 8 | | Sec. 1. Judicial circuits created. The county of Cook shall | 9 | | be one
judicial circuit and the State of
Illinois, exclusive of | 10 | | the county of Cook, shall be and is divided into
judicial | 11 | | circuits as follows:
| 12 | | First Circuit--The counties of Alexander, Pulaski, Massac, | 13 | | Pope,
Johnson, Union, Jackson, Williamson and Saline.
| 14 | | Second Circuit--The counties of Hardin, Gallatin, White, | 15 | | Hamilton,
Franklin, Wabash, Edwards, Wayne, Jefferson, | 16 | | Richland, Lawrence and
Crawford.
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| 1 | | Third Circuit--The counties of Madison and Bond.
| 2 | | Fourth Circuit--The counties of Clinton, Marion, Clay, | 3 | | Fayette,
Effingham, Jasper, Montgomery, Shelby and Christian.
| 4 | | Fifth Circuit--The counties of Vermilion, Edgar, Clark, | 5 | | Cumberland and
Coles.
| 6 | | Sixth Circuit--The counties of Champaign, Douglas, | 7 | | Moultrie, Macon,
DeWitt and Piatt.
| 8 | | Seventh Circuit--The counties of Sangamon, Macoupin, | 9 | | Morgan, Scott,
Greene and Jersey.
| 10 | | Eighth Circuit--The counties of Adams, Schuyler, Mason, | 11 | | Cass, Brown,
Pike, Calhoun and Menard.
| 12 | | Ninth Circuit--The counties of Knox, Warren, Henderson, | 13 | | Hancock,
McDonough and Fulton.
| 14 | | Tenth Circuit--The counties of Peoria, Marshall, Putnam, | 15 | | Stark and
Tazewell.
| 16 | | Eleventh Circuit--The counties of McLean,
Livingston, | 17 | | Logan, Ford and
Woodford.
| 18 | | Twelfth Circuit--The county of Will.
| 19 | | Thirteenth Circuit--The counties of Bureau, LaSalle and | 20 | | Grundy.
| 21 | | Fourteenth Circuit--The counties of Rock Island, Mercer, | 22 | | Whiteside and
Henry.
| 23 | | Fifteenth Circuit--The counties of JoDaviess, Stephenson, | 24 | | Carroll, Ogle
and Lee.
| 25 | | Sixteenth Circuit-- Before December 3, 2012, the counties | 26 | | of Kane, DeKalb, and Kendall. On and after December 3, 2012, |
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| 1 | | the County of Kane. The counties of Kane, DeKalb and Kendall.
| 2 | | Seventeenth Circuit--The counties of Winnebago and Boone.
| 3 | | Eighteenth Circuit--The county of DuPage.
| 4 | | Nineteenth Circuit--Before December 4, 2006, the counties | 5 | | of Lake and
McHenry. On and after December 4, 2006, the County | 6 | | of Lake.
| 7 | | Twentieth Circuit--The counties of Randolph, Monroe, St. | 8 | | Clair,
Washington and Perry.
| 9 | | Twenty-first Circuit--The counties of Iroquois and | 10 | | Kankakee.
| 11 | | Twenty-second Circuit--On and after December 4, 2006, the | 12 | | County of
McHenry.
| 13 | | Twenty-third Circuit--On and after December 3, 2012, the | 14 | | counties of DeKalb and Kendall. | 15 | | (Source: P.A. 93-541, eff. 8-18-03.)
| 16 | | (705 ILCS 35/2f-9) | 17 | | Sec. 2f-9. 16th judicial circuit; subcircuits. | 18 | | (a) The 16th circuit shall be divided into 4 5 subcircuits. | 19 | | Subcircuits 1, 2, and 4 of the 16th circuit in existence on | 20 | | April 15, 2011 shall continue to use their established | 21 | | boundaries in the new 16th Circuit as of December 3, 2012. | 22 | | Subcircuit 3 in existence on April 15, 2011 shall continue to | 23 | | use its established boundary until December 3, 2012 or until | 24 | | the conclusion of the existing term of office, following the | 25 | | 2012 general election, and upon the conclusion of the existing |
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| 1 | | term of office, the new boundary shall go into effect. The new | 2 | | boundary for subcircuit 3 shall contain and be made up of the | 3 | | following townships in the county of Kane, excluding the | 4 | | portions of the townships currently served by subcircuit 1, 2, | 5 | | or 4: Blackberry, Big Rock, Burlington, Campton, Hampshire, | 6 | | Kaneville, Plato, Rutland, Sugar Grove, and Virgil. The
| 7 | | subcircuits shall be
compact, contiguous, and substantially | 8 | | equal in population. The General
Assembly by law shall
create | 9 | | the subcircuits, using population
data as
determined by the | 10 | | 2000 federal census, and
shall determine a numerical order for | 11 | | the 4 5 subcircuits. That
numerical order shall be the basis | 12 | | for the order in which resident judgeships
are assigned to
the | 13 | | subcircuits. Once a resident judgeship is assigned to a | 14 | | subcircuit, it
shall continue to be assigned to that subcircuit | 15 | | for all purposes.
| 16 | | (b) (Blank). Of the 16th circuit's 16 circuit judgeships | 17 | | existing on April 7, 2005 (7 at large and
9 resident), but not | 18 | | including the 3 resident judgeships added by this amendatory | 19 | | Act of the 96th General Assembly, 5 of the 9 resident | 20 | | judgeships shall be allotted as 16th circuit resident | 21 | | judgeships under
subsection (c) as (i) the first resident | 22 | | judgeship of DeKalb County, (ii) the first resident judgeship | 23 | | of Kendall County, and (iii) the first 2 resident judgeships
of | 24 | | Kane County are or become vacant on or after the effective date | 25 | | of this amendatory Act of the 93rd General Assembly, and (iv) | 26 | | the first resident judgeship of Kane County (in addition to the |
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| 1 | | 2 vacancies under item (iii)) is or becomes vacant after the | 2 | | effective date of this amendatory Act of the 94th General | 3 | | Assembly. These 5 resident subcircuit judgeships and the | 4 | | remaining 7 resident judgeships shall constitute all of the | 5 | | resident judgeships of the 16th circuit. As used in this | 6 | | subsection, a vacancy does not include the
expiration of a term | 7 | | of a resident judge who seeks
retention in that office at the | 8 | | next term.
| 9 | | (c) The Supreme Court shall allot the first eligible DeKalb | 10 | | County vacancy, the first eligible Kendall County vacancy, and | 11 | | the first 3 eligible Kane County vacancies in resident | 12 | | judgeships of the 16th circuit as provided in subsection (b),
| 13 | | for election from the
various
subcircuits. The judgeships shall | 14 | | be assigned to the subcircuits based upon the numerical order | 15 | | of the 5 subcircuits. No resident judge of the 16th circuit | 16 | | serving on
the effective date of this amendatory Act of the | 17 | | 93rd General Assembly shall be
required to change his or her | 18 | | residency in order to continue serving in office
or
to seek | 19 | | retention in office as judgeships are allotted by the
Supreme | 20 | | Court in accordance with this Section.
No resident judge | 21 | | elected from a subcircuit serving on the effective date of this | 22 | | amendatory Act of the 97th General Assembly shall be required | 23 | | to change his or her residency in order continue serving in | 24 | | office until the 2012 general election, or until the conclusion | 25 | | of the existing term. | 26 | | (d) A resident judge elected from a subcircuit shall |
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| 1 | | continue to reside in
that
subcircuit as long as he or she | 2 | | holds that office.
A resident judge elected from a subcircuit | 3 | | after January 1, 2008, must retain residency as a registered | 4 | | voter in the subcircuit to run for retention from the circuit | 5 | | at large thereafter.
A resident judge elected from a subcircuit | 6 | | after January 1, 2011, must retain residency as a registered | 7 | | voter in the subcircuit to run for retention from the circuit | 8 | | at large thereafter. | 9 | | (e) Vacancies in resident judgeships of the 16th circuit | 10 | | shall be
filled
in the manner provided in Article VI of the | 11 | | Illinois Constitution.
| 12 | | (Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.) | 13 | | (705 ILCS 35/2f-10 new) | 14 | | Sec. 2f-10. 16th and 23rd judicial circuits. | 15 | | (a) On December 3, 2012, the 16th judicial circuit is | 16 | | divided into the 16th and 23rd judicial circuits as provided in | 17 | | Section 1 of the Circuit Courts Act. This division does not | 18 | | invalidate any action taken by the 16th judicial circuit or any | 19 | | of its judges, officers, employees, or agents before December | 20 | | 3, 2012. This division does not affect any person's rights, | 21 | | obligations, or duties, including applicable civil and | 22 | | criminal penalties, arising out of any action taken by the 16th | 23 | | judicial circuit or any of its judges, officers, employees, or | 24 | | agents before December 3, 2012. | 25 | | (b) The Supreme Court shall assign to the 16th circuit the |
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| 1 | | 7 circuit judgeships elected at large in the 16th circuit | 2 | | before and at the general election in 2012. The 3 resident | 3 | | judgeships elected from Kane County before the general election | 4 | | of 2012 shall become at-large circuit judgeships on December 3, | 5 | | 2012. An individual seeking election to one of the 7 judgeships | 6 | | at large or a judge seeking retention to one of the 7 | 7 | | judgeships at large at the general election in 2012, shall seek | 8 | | election or retention solely within the boundaries of Kane | 9 | | County.
The 7 circuit judgeships assigned to the 16th circuit | 10 | | shall continue to be elected at large, and the 3 resident | 11 | | judges shall be elected at large at the first general election | 12 | | following the expiration of a term of office. Of the 7 circuit | 13 | | judgeships elected at large as of April 15, 2011, and the 3 | 14 | | resident judgeships elected from Kane County before the general | 15 | | election of 2012 converting to at large judgeships on December | 16 | | 3, 2012, the first vacancy occurring after December 3, 2012 | 17 | | shall be assigned to the 23rd circuit as a Kendall County | 18 | | resident judge. As used in this subsection, a vacancy does not | 19 | | include the expiration of a term of an at large judge or of a | 20 | | resident judge who intends to seek retention in that office at | 21 | | the next term. | 22 | | (c) The 3 resident judgeships elected from DeKalb County | 23 | | before the general election in 2012 shall become resident | 24 | | judgeships from DeKalb County in the 23rd circuit on December | 25 | | 3, 2012, and the 2 resident judgeships elected from Kendall | 26 | | County before the general election in 2012 shall become |
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| 1 | | resident judgeships from Kendall County in the 23rd circuit on | 2 | | December 3, 2012. | 3 | | (d) The 4 subcircuit judgeships of the 16th circuit elected | 4 | | as of April 15, 2011, shall become the 4 subcircuit judgeships | 5 | | of the 16th circuit as established in Section 2f-9. The | 6 | | remaining unfilled subcircuit of the 16th circuit as of April | 7 | | 15, 2011 shall be eliminated. If the judgeship of the 5th | 8 | | subcircuit of the 16th circuit is filled prior to the effective | 9 | | date of this amendatory Act of the 97th General Assembly, that | 10 | | judgeship shall be eliminated on December 3, 2012. | 11 | | (e) On December 3, 2012, the Supreme Court shall allocate | 12 | | the associate judgeships of the 16th circuit before that date | 13 | | between the 16th and 23rd circuits. The number of associate | 14 | | judges allocated to the 23rd circuit shall be no less than 5. | 15 | | (f) On December 3, 2012, the Supreme Court shall allocate | 16 | | personnel, books, records, documents, property (real and | 17 | | personal), funds, assets, liabilities, and pending matters | 18 | | concerning the 16th circuit before that date between the 16th | 19 | | and 23rd circuits based on the population and staffing needs of | 20 | | those circuits and the efficient and proper administration of | 21 | | the judicial system. The rights of employees under applicable | 22 | | collective bargaining agreements are not affected by this | 23 | | amendatory Act of the 97th General Assembly. | 24 | | (g) The judgeships set forth in this Section include the | 25 | | judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and | 26 | | 2n. The judgeships authorized in those Sections are not in |
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| 1 | | addition to those set forth in this Section. | 2 | | (705 ILCS 35/2f-11 new) | 3 | | Sec. 2f-11. 23rd judicial circuit. | 4 | | (a) The 23rd circuit shall have a total of 6 resident | 5 | | judgeships (5 resident judgeships existing on the effective | 6 | | date of this amendatory Act of the 97th General Assembly, and | 7 | | the resident judgeship for Kendall County created by the first | 8 | | vacancy of an at large resident judgeship or resident judgeship | 9 | | in the new 16th circuit). | 10 | | (b) Vacancies in resident judgeships of the 23rd circuit | 11 | | shall be filled in the manner provided in Article VI of the | 12 | | Illinois Constitution. ".
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