Full Text of SB0063 97th General Assembly
SB0063ham003 97TH GENERAL ASSEMBLY | Rep. Tom Cross Filed: 5/31/2011
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| 1 | | AMENDMENT TO SENATE BILL 63
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 63, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Circuit Courts Act is amended by changing | 6 | | Sections 1 and 2f-9 and by adding Sections 2f-10 and 2f-11 as | 7 | | follows:
| 8 | | (705 ILCS 35/1) (from Ch. 37, par. 72.1)
| 9 | | Sec. 1. Judicial circuits created. The county of Cook shall | 10 | | be one
judicial circuit and the State of
Illinois, exclusive of | 11 | | the county of Cook, shall be and is divided into
judicial | 12 | | circuits as follows:
| 13 | | First Circuit--The counties of Alexander, Pulaski, Massac, | 14 | | Pope,
Johnson, Union, Jackson, Williamson and Saline.
| 15 | | Second Circuit--The counties of Hardin, Gallatin, White, | 16 | | Hamilton,
Franklin, Wabash, Edwards, Wayne, Jefferson, |
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| 1 | | Richland, Lawrence and
Crawford.
| 2 | | Third Circuit--The counties of Madison and Bond.
| 3 | | Fourth Circuit--The counties of Clinton, Marion, Clay, | 4 | | Fayette,
Effingham, Jasper, Montgomery, Shelby and Christian.
| 5 | | Fifth Circuit--The counties of Vermilion, Edgar, Clark, | 6 | | Cumberland and
Coles.
| 7 | | Sixth Circuit--The counties of Champaign, Douglas, | 8 | | Moultrie, Macon,
DeWitt and Piatt.
| 9 | | Seventh Circuit--The counties of Sangamon, Macoupin, | 10 | | Morgan, Scott,
Greene and Jersey.
| 11 | | Eighth Circuit--The counties of Adams, Schuyler, Mason, | 12 | | Cass, Brown,
Pike, Calhoun and Menard.
| 13 | | Ninth Circuit--The counties of Knox, Warren, Henderson, | 14 | | Hancock,
McDonough and Fulton.
| 15 | | Tenth Circuit--The counties of Peoria, Marshall, Putnam, | 16 | | Stark and
Tazewell.
| 17 | | Eleventh Circuit--The counties of McLean,
Livingston, | 18 | | Logan, Ford and
Woodford.
| 19 | | Twelfth Circuit--The county of Will.
| 20 | | Thirteenth Circuit--The counties of Bureau, LaSalle and | 21 | | Grundy.
| 22 | | Fourteenth Circuit--The counties of Rock Island, Mercer, | 23 | | Whiteside and
Henry.
| 24 | | Fifteenth Circuit--The counties of JoDaviess, Stephenson, | 25 | | Carroll, Ogle
and Lee.
| 26 | | Sixteenth Circuit-- Before December 3, 2012, the counties |
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| 1 | | of Kane, DeKalb, and Kendall. On and after December 3, 2012, | 2 | | the County of Kane. The counties of Kane, DeKalb and Kendall.
| 3 | | Seventeenth Circuit--The counties of Winnebago and Boone.
| 4 | | Eighteenth Circuit--The county of DuPage.
| 5 | | Nineteenth Circuit--Before December 4, 2006, the counties | 6 | | of Lake and
McHenry. On and after December 4, 2006, the County | 7 | | of Lake.
| 8 | | Twentieth Circuit--The counties of Randolph, Monroe, St. | 9 | | Clair,
Washington and Perry.
| 10 | | Twenty-first Circuit--The counties of Iroquois and | 11 | | Kankakee.
| 12 | | Twenty-second Circuit--On and after December 4, 2006, the | 13 | | County of
McHenry.
| 14 | | Twenty-third Circuit--On and after December 3, 2012, the | 15 | | counties of DeKalb and Kendall. | 16 | | (Source: P.A. 93-541, eff. 8-18-03.)
| 17 | | (705 ILCS 35/2f-9) | 18 | | Sec. 2f-9. 16th judicial circuit; subcircuits. | 19 | | (a) The 16th circuit shall be divided into 4 5 subcircuits. | 20 | | Subcircuits 1, 2, and 4 of the 16th circuit in existence on | 21 | | April 15, 2011 shall continue to use their established | 22 | | boundaries in the new 16th circuit as of December 3, 2012. | 23 | | Subcircuit 3 in existence on April 15, 2011 shall continue to | 24 | | use its established boundary until December 3, 2012. For a | 25 | | judge elected to subcircuit 3 as of April 15, 2011 the current |
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| 1 | | boundaries in existence as of April 15, 2011 shall continue | 2 | | until the conclusion of the existing term of office, following | 3 | | the 2012 general election, and upon the conclusion of the | 4 | | existing term of office, the new boundary shall go into effect. | 5 | | The new boundary for subcircuit 3 shall contain and be made up | 6 | | of the following townships in the county of Kane, excluding the | 7 | | portions of the townships currently served by subcircuit 1, 2, | 8 | | or 4: Aurora, Blackberry, Big Rock, Burlington, Campton, | 9 | | Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar | 10 | | Grove, and Virgil. The
subcircuits shall be
compact, | 11 | | contiguous, and substantially equal in population. The General
| 12 | | Assembly by law shall
create the subcircuits, using population
| 13 | | data as
determined by the 2000 federal census, and
shall | 14 | | determine a numerical order for the 4 5 subcircuits. That
| 15 | | numerical order shall be the basis for the order in which | 16 | | resident judgeships
are assigned to
the subcircuits. Once a | 17 | | resident judgeship is assigned to a subcircuit, it
shall | 18 | | continue to be assigned to that subcircuit for all purposes.
| 19 | | (b) (Blank). Of the 16th circuit's 16 circuit judgeships | 20 | | existing on April 7, 2005 (7 at large and
9 resident), but not | 21 | | including the 3 resident judgeships added by this amendatory | 22 | | Act of the 96th General Assembly, 5 of the 9 resident | 23 | | judgeships shall be allotted as 16th circuit resident | 24 | | judgeships under
subsection (c) as (i) the first resident | 25 | | judgeship of DeKalb County, (ii) the first resident judgeship | 26 | | of Kendall County, and (iii) the first 2 resident judgeships
of |
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| 1 | | Kane County are or become vacant on or after the effective date | 2 | | of this amendatory Act of the 93rd General Assembly, and (iv) | 3 | | the first resident judgeship of Kane County (in addition to the | 4 | | 2 vacancies under item (iii)) is or becomes vacant after the | 5 | | effective date of this amendatory Act of the 94th General | 6 | | Assembly. These 5 resident subcircuit judgeships and the | 7 | | remaining 7 resident judgeships shall constitute all of the | 8 | | resident judgeships of the 16th circuit. As used in this | 9 | | subsection, a vacancy does not include the
expiration of a term | 10 | | of a resident judge who seeks
retention in that office at the | 11 | | next term.
| 12 | | (c) The Supreme Court shall allot the first eligible DeKalb | 13 | | County vacancy, the first eligible Kendall County vacancy, and | 14 | | the first 3 eligible Kane County vacancies in resident | 15 | | judgeships of the 16th circuit as provided in subsection (b),
| 16 | | for election from the
various
subcircuits. The judgeships shall | 17 | | be assigned to the subcircuits based upon the numerical order | 18 | | of the 5 subcircuits. No resident judge of the 16th circuit | 19 | | serving on
the effective date of this amendatory Act of the | 20 | | 93rd General Assembly shall be
required to change his or her | 21 | | residency in order to continue serving in office
or
to seek | 22 | | retention in office as judgeships are allotted by the
Supreme | 23 | | Court in accordance with this Section.
No resident judge | 24 | | elected from a subcircuit serving on the effective date of this | 25 | | amendatory Act of the 97th General Assembly shall be required | 26 | | to change his or her residency in order to continue serving in |
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| 1 | | or to seek retention in office until the 2012 general election, | 2 | | or until the conclusion of the existing term. | 3 | | (d) A resident judge elected from a subcircuit shall | 4 | | continue to reside in
that
subcircuit as long as he or she | 5 | | holds that office.
A resident judge elected from a subcircuit | 6 | | after January 1, 2008, must retain residency as a registered | 7 | | voter in the subcircuit to run for retention from the circuit | 8 | | at large thereafter.
A resident judge elected from a subcircuit | 9 | | after January 1, 2011, must retain residency as a registered | 10 | | voter in the subcircuit to run for retention from the circuit | 11 | | at large thereafter. | 12 | | (e) Vacancies in resident judgeships of the 16th circuit | 13 | | shall be
filled
in the manner provided in Article VI of the | 14 | | Illinois Constitution.
| 15 | | (Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.) | 16 | | (705 ILCS 35/2f-10 new) | 17 | | Sec. 2f-10. 16th and 23rd judicial circuits. | 18 | | (a) On December 3, 2012, the 16th judicial circuit is | 19 | | divided into the 16th and 23rd judicial circuits as provided in | 20 | | Section 1 of the Circuit Courts Act. This division does not | 21 | | invalidate any action taken by the 16th judicial circuit or any | 22 | | of its judges, officers, employees, or agents before December | 23 | | 3, 2012. This division does not affect any person's rights, | 24 | | obligations, or duties, including applicable civil and | 25 | | criminal penalties, arising out of any action taken by the 16th |
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| 1 | | judicial circuit or any of its judges, officers, employees, or | 2 | | agents before December 3, 2012. | 3 | | (b) The 16th circuit shall have one additional resident | 4 | | judgeship to be allotted by the Supreme Court under subsection | 5 | | (d). The additional resident judgeship shall be filled by | 6 | | election beginning at the 2012 general election. | 7 | | (c) The 16th circuit shall have an additional resident | 8 | | judgeship from Kendall County to be allotted by the Supreme | 9 | | Court. The additional judgeship shall be filled by election | 10 | | beginning at the 2012 general election. This judgeship shall | 11 | | become a resident judgeship from Kendall County in the 23rd | 12 | | circuit on December 3, 2012. | 13 | | (d) The Supreme Court shall allot: (i) all vacancies in at | 14 | | large judgeships or resident judgeships from the county of Kane | 15 | | of the 16th circuit existing on or occurring on or after the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly, excluding the vacancy in subsection (e); and (ii) the | 18 | | one resident judgeship added by subsection (b), for election | 19 | | from the various subcircuits until there are 2 resident judges | 20 | | to be elected from each subcircuit. The additional resident | 21 | | judgeship added by subsection (b) that shall be filled by | 22 | | election beginning at the 2012 general election shall be | 23 | | assigned to subcircuit 2. The Supreme Court may fill the | 24 | | judgeship by appointment prior to the 2012 general election. | 25 | | The vacancies allotted by the Supreme Court under this | 26 | | subsection shall become resident judgeships of the 16th circuit |
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| 1 | | to be assigned to the 3rd, 1st, and 4th subcircuits in that | 2 | | order. Subcircuit judgeships in the 3rd, 1st, and 4th | 3 | | subcircuits shall be filled by election as vacancies occur. No | 4 | | resident judge of the 16th circuit serving on the effective | 5 | | date of this amendatory Act of the 97th General Assembly shall | 6 | | be required to change his or her residency in order to continue | 7 | | serving in office or to seek retention in office as resident | 8 | | judgeships are allotted by the Supreme Court in accordance with | 9 | | this Section. As used in this subsection, a vacancy does not | 10 | | include the expiration of a term of an at large judge or of a | 11 | | resident judge who intends to seek retention in that office at | 12 | | the next term. | 13 | | (e) The Supreme Court shall assign to the 16th circuit the | 14 | | 7 circuit judgeships elected at large in the 16th circuit | 15 | | before and at the 2012 general election. The 3 resident | 16 | | judgeships elected from Kane County before the 2012 general | 17 | | election shall become at large circuit judgeships on December | 18 | | 3, 2012. An individual seeking election to one of the 7 | 19 | | judgeships at large or a judge seeking retention to one of the | 20 | | 7 judgeships at large at the 2012 general election, shall seek | 21 | | election or retention solely within the boundaries of Kane | 22 | | County.
The 7 circuit judgeships assigned to the 16th circuit | 23 | | shall continue to be elected at large, and the 3 resident | 24 | | judges shall be elected at large at the first general election | 25 | | following the expiration of a term of office. Of the 7 circuit | 26 | | judgeships elected at large as of April 15, 2011, and the 3 |
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| 1 | | resident judgeships elected from Kane County before the general | 2 | | election of 2012 converting to at large judgeships on December | 3 | | 3, 2012, the first vacancy occurring after December 3, 2012 | 4 | | shall be assigned to the 23rd circuit as a Kendall County | 5 | | resident judge. As used in this subsection, a vacancy does not | 6 | | include the expiration of a term of an at large judge or of a | 7 | | resident judge who intends to seek retention in that office at | 8 | | the next term. | 9 | | (f) The 3 resident judgeships elected from DeKalb County | 10 | | before the 2012 general election shall become resident | 11 | | judgeships from DeKalb County in the 23rd circuit on December | 12 | | 3, 2012, and the 2 resident judgeships elected from Kendall | 13 | | County before the 2012 general election shall become resident | 14 | | judgeships from Kendall County in the 23rd circuit on December | 15 | | 3, 2012. | 16 | | (g) The 4 subcircuit judgeships of the 16th circuit elected | 17 | | as of April 15, 2011, shall become the 4 subcircuit judgeships | 18 | | of the 16th circuit as established in Section 2f-9. The | 19 | | remaining unfilled subcircuit judgeship of the 16th circuit as | 20 | | of April 15, 2011 shall be eliminated. If the judgeship of the | 21 | | 5th subcircuit of the 16th circuit is filled prior to the | 22 | | effective date of this amendatory Act of the 97th General | 23 | | Assembly, that judgeship shall be eliminated on December 3, | 24 | | 2012. | 25 | | (h) On December 3, 2012, the Supreme Court shall allocate | 26 | | the associate judgeships of the 16th circuit before that date |
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| 1 | | between the 16th and 23rd circuits. The number of associate | 2 | | judges allocated to the 23rd circuit shall be no less than 5. | 3 | | (i) On December 3, 2012, the Supreme Court shall allocate | 4 | | personnel, books, records, documents, property (real and | 5 | | personal), funds, assets, liabilities, and pending matters | 6 | | concerning the 16th circuit before that date between the 16th | 7 | | and 23rd circuits based on the population and staffing needs of | 8 | | those circuits and the efficient and proper administration of | 9 | | the judicial system. The rights of employees under applicable | 10 | | collective bargaining agreements are not affected by this | 11 | | amendatory Act of the 97th General Assembly. | 12 | | (j) The judgeships set forth in this Section include the | 13 | | judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and | 14 | | 2n. The judgeships authorized in those Sections are not in | 15 | | addition to those set forth in this Section. | 16 | | (705 ILCS 35/2f-11 new) | 17 | | Sec. 2f-11. 23rd judicial circuit. | 18 | | (a) The 23rd circuit shall have a total of 6 resident | 19 | | judgeships (5 resident judgeships existing on the effective | 20 | | date of this amendatory Act of the 97th General Assembly, and | 21 | | the resident judgeship for Kendall County created by the first | 22 | | vacancy of an at large resident judgeship or resident judgeship | 23 | | in the new 16th circuit). | 24 | | (b) Vacancies in resident judgeships of the 23rd circuit | 25 | | shall be filled in the manner provided in Article VI of the |
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| 1 | | Illinois Constitution.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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