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90_SB0303enr
705 ILCS 310/9.2 from Ch. 78, par. 32.2
Amends the Jury Commission Act. Requires jurors in
counties over 1,000,000 inhabitants to be assigned to the
courthouse nearest their residence addresses.
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1 AN ACT concerning circuit courts, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Jury Act is amended by changing Sections
5 1, 2, and 10.2 as follows:
6 (705 ILCS 305/1) (from Ch. 78, par. 1)
7 Sec. 1. The county board of each county, except those
8 counties which have a jury administrator or jury
9 commissioners as provided in the Jury Commission Act, shall,
10 at or before the time of its meeting, in September, in each
11 year, or at any time thereafter, when necessary for the
12 purpose of this Act, make a list of the legal voters and the
13 Illinois driver's license, Illinois Identification Card, and
14 Illinois Disabled Person Identification Card holders of the
15 county, giving the place of residence of each name on the
16 list, to be known as a jury list. The list shall be made by
17 choosing every tenth name, or other whole number rate
18 necessary to obtain the number required, from the latest
19 voter registration and drivers license, Illinois
20 Identification Card, and Illinois Disabled Person
21 Identification Card holders lists of the county. In compiling
22 the jury list, duplication of names shall be avoided to the
23 extent practicable.
24 As used in this Act, "jury administrator" is defined as
25 under Section 0.05 of the Jury Commission Act.
26 (Source: P.A. 88-27.)
27 (705 ILCS 305/2) (from Ch. 78, par. 2)
28 Sec. 2. At the September meeting of the county board in
29 each year in the respective counties in this State, except
30 those that have jury commissioners, the board shall select
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1 from the list the number of persons as the judges of the
2 circuit courts, to be held in the county during the
3 succeeding year, may by joint action determine to serve as
4 petit jurors. In counties having jury commissioners, the
5 persons to serve as petit jurors shall be selected by the
6 jury commissioners, as provided by law. County boards, a
7 jury administrator, and jury commissioners may utilize the
8 services of the Administrative Office of the Illinois Courts
9 in making these selections. Jurors in all counties in
10 Illinois must have the legal qualifications herein
11 prescribed. Jurors must be:
12 (1) Inhabitants of the county.
13 (2) Of the age of 18 years or upwards.
14 (3) Free from all legal exception, of fair character, of
15 approved integrity, of sound judgment, well informed, and
16 able to understand the English language, whether in spoken or
17 written form or interpreted into sign language.
18 (4) Citizens of the United States of America.
19 (Source: P.A. 88-27.)
20 (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
21 Sec. 10.2. The county boards of the respective counties,
22 or the jury commissioners for those counties which have been
23 appointed pursuant to "An Act in relation to jury
24 commissioners and authorizing judges to appoint such
25 commissioners and to make rules concerning their powers and
26 duties", approved June 15, 1887, as amended, or a jury
27 administrator shall have the authority to submit
28 questionnaires to prospective jurors to inquire as to their
29 qualifications for jury service and as to the hardship that
30 jury service would pose to the prospective jurors. Upon
31 prior approval by the chief judge of the judicial circuits in
32 which a county board, jury administrator, or of jury
33 commissioners are situated, the county board, jury
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1 administrator, or jury commissioners shall excuse a
2 prospective juror from jury service if the prospective juror
3 shows that such service would impose an undue hardship on
4 account of the nature of the prospective juror's occupation,
5 business affairs, physical health, family situation, active
6 duty in the Illinois National Guard or Illinois Naval
7 Militia, or other personal affairs, and cause his or her name
8 to be returned to the jury list or general jury list.
9 (Source: P.A. 85-407.)
10 Section 10. The Jury Commission Act is amended by
11 changing Sections 1, 2, 3, 7, 8, 9, and 10 and adding Section
12 0.05 as follows:
13 (705 ILCS 310/0.05 new)
14 Sec. 0.05. Jury administrator defined. As used in this
15 Act, "jury administrator" means an employee of a circuit
16 court located in a county with a population of at least
17 3,000,000, appointed by the chief judge for that circuit and
18 who, at the direction of the chief judge, performs the
19 functions of jury commissioners.
20 (705 ILCS 310/1) (from Ch. 78, par. 24)
21 Sec. 1. (a) In every county of this State now
22 containing, or which may hereafter contain more than 75,000
23 inhabitants, and in any other county with a population less
24 than 3,000,000 in which the county board by resolution
25 determines that jury commissioners shall be appointed, the
26 circuit judges in the circuit of which the county is a part,
27 or a majority of them, shall choose 3 competent and discreet
28 electors, who shall not be so chosen on account of party
29 affiliations, who shall be known as jury commissioners. Such
30 commissioners shall, in counties now containing the required
31 number of inhabitants, be chosen on the first Monday of July,
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1 1897, and in counties hereafter containing the required
2 number of inhabitants such commissioners shall be chosen on
3 the first Monday of July, after it shall have been determined
4 by the last preceding national census that the inhabitants of
5 such county are of the number required or after the county
6 board by resolution determines that jury commissioners shall
7 be appointed, as the case may be. Of the first 3 so chosen,
8 one shall hold his office for one year, one for 2 years and
9 one for 3 years, to be determined by lot, and every year
10 thereafter one such officer shall be chosen for the term of 3
11 years. Each of such commissioners, before entering upon the
12 duties of his office, shall take and subscribe to an oath of
13 office before one of such judges, and shall execute a bond to
14 the People of the State of Illinois in such sums and with
15 such sureties as shall be required by such judge and be, by
16 him, approved, conditioned for the faithful discharge of his
17 duties as such commissioner during his term of office. The
18 majority of the Circuit judges herein referred to may remove
19 either of such commissioners, assigning reasons therefor, and
20 fill all vacancies occurring in the office of any such
21 commissioners by death, resignation or removal.
22 (b) In counties with a population of at least 3,000,000,
23 the chief judge of the circuit of that county may discontinue
24 the appointment of jury commissioners for that county. If
25 the chief judge of a circuit in a county with a population of
26 at least 3,000,000 discontinues the appointments of the jury
27 commissioners, the functions of the jury commissioners may be
28 performed by a jury administrator. The jury commissioners in
29 office at the time of the discontinuance shall complete their
30 terms of office and shall discharge their duties and
31 responsibilities as assigned by the chief judge of that
32 circuit.
33 (Source: P.A. 85-235; 85-469.)
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1 (705 ILCS 310/2) (from Ch. 78, par. 25)
2 Sec. 2. In a county with a population of at least
3 3,000,000 in which a jury administrator or jury commissioners
4 have been appointed, the jury administrator or
5 commissioners, upon entering upon the duties of their office,
6 and every 4 years thereafter, shall prepare a list of all
7 legal voters and all Illinois driver's license, Illinois
8 Identification Card, and Illinois Disabled Person
9 Identification Card holders of each town or precinct of the
10 county possessing the necessary legal qualifications for jury
11 duty, to be known as the jury list. In a county with a
12 population of less than 3,000,000 in which a jury
13 administrator or jury commissioners have been appointed, the
14 jury administrator or jury commissioners upon entering upon
15 the duties of their office, and each year thereafter, shall
16 prepare a list of all Illinois driver's license, Illinois
17 Identification Card, and Illinois Disabled Person
18 Identification Card holders and all registered voters of the
19 county to be known as the jury list.
20 The jury list may be revised and amended annually in the
21 discretion of the commissioners or jury administrator. Any
22 record kept by the jury commissioners or jury administrator
23 for over 4 years may be destroyed at their discretion. The
24 name of each person on the list shall be entered in a book or
25 books to be kept for that purpose, and opposite the name
26 shall be entered his or her age and place of residence,
27 giving street and number, if any.
28 The jury administrator, jury commissioners, or the
29 Administrative Office of the Illinois Courts shall receive an
30 up-to-date list of Illinois driver's license, Illinois
31 Identification Card, and Illinois Disabled Person
32 Identification Card holders from the Secretary of State as
33 provided in Section 1a of the Jury Act. In compiling the jury
34 list, duplication of names shall be avoided to the extent
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1 practicable.
2 Whenever the name of a registered voter or an Illinois
3 driver's license, Illinois Identification Card, or Illinois
4 Disabled Person Identification Card holder appearing upon
5 this jury list is transferred to the active jury list in the
6 manner prescribed by Section 8 of this Act, the following
7 additional information shall be recorded after the name of
8 the voter: the age of the voter, his or her occupation, if
9 any, whether or not he or she is a resident residing with his
10 or her family and whether or not he or she is an owner or
11 life tenant of real estate in the county.
12 (Source: P.A. 88-27; 88-40; 88-670, eff. 12-2-94.)
13 (705 ILCS 310/3) (from Ch. 78, par. 26)
14 Sec. 3. (a) The said commissioners are empowered to
15 provide a suitable room or rooms in which to transact their
16 business, and to incur all other necessary expenses which
17 shall be paid by warrants drawn as provided in section 6 of
18 this act, and with the approval of said judges or a majority
19 thereof to appoint a clerk and the requisite number of
20 assistants. In counties having 1,000,000 or more inhabitants,
21 the clerk, if there be one, shall be on duty at the room or
22 rooms of said commissioners each day during the session of
23 court; if there be no clerk, then one, at least, of said
24 commissioners shall, in like manner, be present, if so
25 prescribed by the rules hereinafter mentioned. The said jury
26 commissioners shall also have power to summon electors to
27 appear before them and to examine them touching their
28 qualifications for jury service; and each of said
29 commissioners and their clerk and assistants provided for in
30 this act, are hereby empowered to administer all oaths or
31 affirmations required in the discharge of their official
32 duties. Any Circuit Court of this state, in any county where
33 this law is in force, or any judge thereof, upon application
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1 of any such jury commissioners may in the discretion of the
2 court compel the attendance of electors and the giving of
3 testimony before the said jury commissioners, by attachment
4 for contempt or otherwise, in the same manner as the
5 production of evidence may be compelled before said court.
6 Every person, who having taken an oath or made affirmation as
7 herein provided, shall swear or affirm willfully, corruptly
8 and falsely, shall be guilty of perjury, and upon conviction
9 shall be punished accordingly.
10 (b) In a county with a population of at least 3,000,000,
11 if a jury administrator is designated by the chief judge of
12 that circuit to perform the functions of jury commissioners,
13 the chief judge of that circuit is authorized to provide a
14 suitable room or rooms in which to transact the business of
15 qualifying jurors and to incur all the other necessary
16 expenses to be paid by the county treasurer. The chief judge
17 for that circuit is authorized to designate a requisite
18 number of assistants to aid in the functions of qualifying
19 jurors.
20 (Source: P.A. 76-1663.)
21 (705 ILCS 310/7) (from Ch. 78, par. 30)
22 Sec. 7. The jury list provided for in Section 2 of this
23 Act shall be known as the general jury list, and the manner
24 of its preparation by the jury administrator or jury
25 commissioners shall be as prescribed by the chief judge or by
26 rules to be adopted by majority vote of the said judges.
27 (Source: Laws 1931, p. 655.)
28 (705 ILCS 310/8) (from Ch. 78, par. 31)
29 Sec. 8. In such manner as may be prescribed by rules to
30 be adopted by majority vote of the said judges, the jury
31 administrator or the jury commissioners shall also:
32 (a) From time to time prepare a secondary list to be
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1 known as the active jury list, containing such number of
2 names taken from the general jury list as shall be appointed
3 by the said rules, and in addition thereto, such other lists,
4 to be known as period jury lists, as the said rules may
5 require. Such period jury lists, if provided for, shall
6 contain the names of prospective jurors who shall have
7 indicated, either before or after being summoned for jury
8 duty, at what time of the year they could most conveniently
9 serve. The active jury list and, except as to the names of
10 persons certified back by the clerk of the court as provided
11 in Section 10 of this act, the period jury lists, shall be
12 prepared by selecting every twentieth name, or other whole
13 number rate necessary to obtain the number required, or, in
14 counties having a population greater than 1,000,000, in a
15 manner prescribed by the judge in charge of jury selection,
16 from the general jury list;
17 (b) Make the active jury list and, except as to the
18 names of persons certified back by the clerk of the court as
19 provided in Section 10 of this Act, the period jury lists,
20 available for the clerks of the circuit court to draw
21 therefrom by lot, as hereinafter required, providing for the
22 purpose such devices or mechanisms as the said rules shall
23 prescribe;
24 (c) See that at least 2 jury commissioners, one jury
25 commissioner of their number, or one of their number and a
26 judge of the circuit court of the county, or a jury
27 administrator shall be present at any such drawing, along
28 with the clerk of the said jury commissioners, if there be
29 one, except that if the names are to be drawn by computer no
30 jury commissioner need be present at any drawing by computer;
31 (d) Provide for the manner of selection of jurors to be
32 provided to coroners pursuant to Section 10 of "An Act to
33 revise the law in relation to coroners", approved July 1,
34 1874, as amended; provided that such manner of selection
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1 shall be, to the extent practicable, similar to the manner in
2 which petit and grand jurors are selected; and
3 (e) Perform such other duties in relation to the
4 selection of electors for jury service and their appearance
5 for such service as are prescribed by this act or may be
6 prescribed by the said rules or procedures established by the
7 chief judge of the circuit.
8 (Source: P.A. 85-345; 86-1053.)
9 (705 ILCS 310/9) (from Ch. 78, par. 32)
10 Sec. 9. In other than single county circuits, the chief
11 judge of the circuit court of the county shall certify to the
12 clerk of the court the number of petit jurors required each
13 month. The clerk shall then repair to the office of the jury
14 commissioners or the jury administrator and there, in the
15 presence of the persons mentioned in Section 8 of this act,
16 proceed to draw by lot or by random electronic process the
17 necessary number of names from those made available for such
18 drawing as in Section 8 of this act provided. The clerk shall
19 thereupon certify the electors whose names are so drawn, and
20 summon them by the type of mail service selected from among
21 those permitted for service of petit and grand jurors
22 selected in "An Act concerning jurors, and to repeal certain
23 Acts therein named", approved February 11, 1874, as amended.
24 If service of summons cannot be made by the type of mail
25 service selected, the clerk of the court issuing such summons
26 shall, as soon as that fact is determined, re-issue and
27 deliver the summons for the juror not served to the sheriff
28 for service as provided in such case in Section 9 of "An Act
29 concerning jurors, and to repeal certain Acts therein named,"
30 approved February 11, 1874, as amended. If more jurors are
31 needed during the month, a judge of the court shall so
32 certify, and they shall be drawn and certified forthwith and
33 served in the manner above provided. Whenever a grand jury is
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1 required by law or by order of the court, it shall be drawn
2 and certified and served in like manner.
3 (Source: P.A. 80-780.)
4 (705 ILCS 310/10) (from Ch. 78, par. 33)
5 Sec. 10. When any elector drawn and summoned as a petit
6 juror or as a grand juror shall appear in obedience to
7 summons, any judge of the court in which he has thus
8 appeared, if satisfied that, on account of the nature of the
9 elector's occupation, business affairs, physical health,
10 family situation, active duty in military service, or other
11 personal affairs, service at another time will subject him to
12 less inconvenience, shall have discretion to excuse him
13 temporarily from service as juror or grand juror and require
14 him to appear at a subsequent day not later than one year
15 from the time of such excuse. And if any elector so excused
16 shall fail to appear for service at the later day thus
17 designated, his attendance shall be enforced in the same
18 manner as is now provided by law for the case of his failure
19 to appear in obedience to summons. When any elector has been
20 so temporarily excused, the fact of such excuse and the day
21 at which he is to appear for service shall be certified by
22 the clerk of the court to the jury commissioners or the jury
23 administrator. The jury commissioners or the jury
24 administrator shall thereupon place the name of such elector
25 upon the appropriate period jury list, if period jury lists
26 have been provided for by the said rules, and, in any case,
27 shall, at least ten days before the day at which he is
28 required to appear for service, send him by mail a notice
29 reminding him of his duty to appear. Failure to send such
30 notice, however, shall not affect the duty of the elector to
31 appear as required at the time of his temporary excuse. The
32 number of petit jurors to be drawn by the clerk of any of the
33 said courts for any given month, as provided in Section 9 of
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1 this act, shall be reduced by the number of petit jurors on
2 the period jury list under duty to appear in that court at
3 that month. A like reduction shall be made in the number of
4 persons to be drawn as grand jurors as provided in Section 9
5 of this Act.
6 (Source: P.A. 84-1428.)