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| [ Senate Amendment 001 ] |
90_SB0303ham001
LRB9001845DPcwam02
1 AMENDMENT TO SENATE BILL 303
2 AMENDMENT NO. . Amend Senate Bill 303 by replacing
3 the title with the following:
4 "AN ACT concerning circuit courts, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Jury Act is amended by changing Sections
9 1, 2, and 10.2 as follows:
10 (705 ILCS 305/1) (from Ch. 78, par. 1)
11 Sec. 1. The county board of each county, except those
12 counties which have a jury administrator or jury
13 commissioners as provided in the Jury Commission Act, shall,
14 at or before the time of its meeting, in September, in each
15 year, or at any time thereafter, when necessary for the
16 purpose of this Act, make a list of the legal voters and the
17 Illinois driver's license, Illinois Identification Card, and
18 Illinois Disabled Person Identification Card holders of the
19 county, giving the place of residence of each name on the
20 list, to be known as a jury list. The list shall be made by
21 choosing every tenth name, or other whole number rate
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1 necessary to obtain the number required, from the latest
2 voter registration and drivers license, Illinois
3 Identification Card, and Illinois Disabled Person
4 Identification Card holders lists of the county. In compiling
5 the jury list, duplication of names shall be avoided to the
6 extent practicable.
7 As used in this Act, "jury administrator" is defined as
8 under Section 0.05 of the Jury Commission Act.
9 (Source: P.A. 88-27.)
10 (705 ILCS 305/2) (from Ch. 78, par. 2)
11 Sec. 2. At the September meeting of the county board in
12 each year in the respective counties in this State, except
13 those that have jury commissioners, the board shall select
14 from the list the number of persons as the judges of the
15 circuit courts, to be held in the county during the
16 succeeding year, may by joint action determine to serve as
17 petit jurors. In counties having jury commissioners, the
18 persons to serve as petit jurors shall be selected by the
19 jury commissioners, as provided by law. County boards, a
20 jury administrator, and jury commissioners may utilize the
21 services of the Administrative Office of the Illinois Courts
22 in making these selections. Jurors in all counties in
23 Illinois must have the legal qualifications herein
24 prescribed. Jurors must be:
25 (1) Inhabitants of the county.
26 (2) Of the age of 18 years or upwards.
27 (3) Free from all legal exception, of fair character, of
28 approved integrity, of sound judgment, well informed, and
29 able to understand the English language, whether in spoken or
30 written form or interpreted into sign language.
31 (4) Citizens of the United States of America.
32 (Source: P.A. 88-27.)
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1 (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
2 Sec. 10.2. The county boards of the respective counties,
3 or the jury commissioners for those counties which have been
4 appointed pursuant to "An Act in relation to jury
5 commissioners and authorizing judges to appoint such
6 commissioners and to make rules concerning their powers and
7 duties", approved June 15, 1887, as amended, or a jury
8 administrator shall have the authority to submit
9 questionnaires to prospective jurors to inquire as to their
10 qualifications for jury service and as to the hardship that
11 jury service would pose to the prospective jurors. Upon
12 prior approval by the chief judge of the judicial circuits in
13 which a county board, jury administrator, or of jury
14 commissioners are situated, the county board, jury
15 administrator, or jury commissioners shall excuse a
16 prospective juror from jury service if the prospective juror
17 shows that such service would impose an undue hardship on
18 account of the nature of the prospective juror's occupation,
19 business affairs, physical health, family situation, active
20 duty in the Illinois National Guard or Illinois Naval
21 Militia, or other personal affairs, and cause his or her name
22 to be returned to the jury list or general jury list.
23 (Source: P.A. 85-407.)
24 Section 10. The Jury Commission Act is amended by
25 changing Sections 1, 2, 3, 7, 8, 9, and 10 and adding Section
26 0.05 as follows:
27 (705 ILCS 310/0.05 new)
28 Sec. 0.05. Jury administrator defined. As used in this
29 Act, "jury administrator" means an employee of a circuit
30 court located in a county with a population of at least
31 3,000,000, appointed by the chief judge for that circuit and
32 who, at the direction of the chief judge, performs the
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1 functions of jury commissioners.
2 (705 ILCS 310/1) (from Ch. 78, par. 24)
3 Sec. 1. (a) In every county of this State now
4 containing, or which may hereafter contain more than 75,000
5 inhabitants, and in any other county with a population less
6 than 3,000,000 in which the county board by resolution
7 determines that jury commissioners shall be appointed, the
8 circuit judges in the circuit of which the county is a part,
9 or a majority of them, shall choose 3 competent and discreet
10 electors, who shall not be so chosen on account of party
11 affiliations, who shall be known as jury commissioners. Such
12 commissioners shall, in counties now containing the required
13 number of inhabitants, be chosen on the first Monday of July,
14 1897, and in counties hereafter containing the required
15 number of inhabitants such commissioners shall be chosen on
16 the first Monday of July, after it shall have been determined
17 by the last preceding national census that the inhabitants of
18 such county are of the number required or after the county
19 board by resolution determines that jury commissioners shall
20 be appointed, as the case may be. Of the first 3 so chosen,
21 one shall hold his office for one year, one for 2 years and
22 one for 3 years, to be determined by lot, and every year
23 thereafter one such officer shall be chosen for the term of 3
24 years. Each of such commissioners, before entering upon the
25 duties of his office, shall take and subscribe to an oath of
26 office before one of such judges, and shall execute a bond to
27 the People of the State of Illinois in such sums and with
28 such sureties as shall be required by such judge and be, by
29 him, approved, conditioned for the faithful discharge of his
30 duties as such commissioner during his term of office. The
31 majority of the Circuit judges herein referred to may remove
32 either of such commissioners, assigning reasons therefor, and
33 fill all vacancies occurring in the office of any such
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1 commissioners by death, resignation or removal.
2 (b) In counties with a population of at least 3,000,000,
3 the chief judge of the circuit of that county may discontinue
4 the appointment of jury commissioners for that county. If
5 the chief judge of a circuit in a county with a population of
6 at least 3,000,000 discontinues the appointments of the jury
7 commissioners, the functions of the jury commissioners may be
8 performed by a jury administrator. The jury commissioners in
9 office at the time of the discontinuance shall complete their
10 terms of office and shall discharge their duties and
11 responsibilities as assigned by the chief judge of that
12 circuit.
13 (Source: P.A. 85-235; 85-469.)
14 (705 ILCS 310/2) (from Ch. 78, par. 25)
15 Sec. 2. In a county with a population of at least
16 3,000,000 in which a jury administrator or jury commissioners
17 have been appointed, the jury administrator or
18 commissioners, upon entering upon the duties of their office,
19 and every 4 years thereafter, shall prepare a list of all
20 legal voters and all Illinois driver's license, Illinois
21 Identification Card, and Illinois Disabled Person
22 Identification Card holders of each town or precinct of the
23 county possessing the necessary legal qualifications for jury
24 duty, to be known as the jury list. In a county with a
25 population of less than 3,000,000 in which a jury
26 administrator or jury commissioners have been appointed, the
27 jury administrator or jury commissioners upon entering upon
28 the duties of their office, and each year thereafter, shall
29 prepare a list of all Illinois driver's license, Illinois
30 Identification Card, and Illinois Disabled Person
31 Identification Card holders and all registered voters of the
32 county to be known as the jury list.
33 The jury list may be revised and amended annually in the
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1 discretion of the commissioners or jury administrator. Any
2 record kept by the jury commissioners or jury administrator
3 for over 4 years may be destroyed at their discretion. The
4 name of each person on the list shall be entered in a book or
5 books to be kept for that purpose, and opposite the name
6 shall be entered his or her age and place of residence,
7 giving street and number, if any.
8 The jury administrator, jury commissioners, or the
9 Administrative Office of the Illinois Courts shall receive an
10 up-to-date list of Illinois driver's license, Illinois
11 Identification Card, and Illinois Disabled Person
12 Identification Card holders from the Secretary of State as
13 provided in Section 1a of the Jury Act. In compiling the jury
14 list, duplication of names shall be avoided to the extent
15 practicable.
16 Whenever the name of a registered voter or an Illinois
17 driver's license, Illinois Identification Card, or Illinois
18 Disabled Person Identification Card holder appearing upon
19 this jury list is transferred to the active jury list in the
20 manner prescribed by Section 8 of this Act, the following
21 additional information shall be recorded after the name of
22 the voter: the age of the voter, his or her occupation, if
23 any, whether or not he or she is a resident residing with his
24 or her family and whether or not he or she is an owner or
25 life tenant of real estate in the county.
26 (Source: P.A. 88-27; 88-40; 88-670, eff. 12-2-94.)
27 (705 ILCS 310/3) (from Ch. 78, par. 26)
28 Sec. 3. (a) The said commissioners are empowered to
29 provide a suitable room or rooms in which to transact their
30 business, and to incur all other necessary expenses which
31 shall be paid by warrants drawn as provided in section 6 of
32 this act, and with the approval of said judges or a majority
33 thereof to appoint a clerk and the requisite number of
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1 assistants. In counties having 1,000,000 or more inhabitants,
2 the clerk, if there be one, shall be on duty at the room or
3 rooms of said commissioners each day during the session of
4 court; if there be no clerk, then one, at least, of said
5 commissioners shall, in like manner, be present, if so
6 prescribed by the rules hereinafter mentioned. The said jury
7 commissioners shall also have power to summon electors to
8 appear before them and to examine them touching their
9 qualifications for jury service; and each of said
10 commissioners and their clerk and assistants provided for in
11 this act, are hereby empowered to administer all oaths or
12 affirmations required in the discharge of their official
13 duties. Any Circuit Court of this state, in any county where
14 this law is in force, or any judge thereof, upon application
15 of any such jury commissioners may in the discretion of the
16 court compel the attendance of electors and the giving of
17 testimony before the said jury commissioners, by attachment
18 for contempt or otherwise, in the same manner as the
19 production of evidence may be compelled before said court.
20 Every person, who having taken an oath or made affirmation as
21 herein provided, shall swear or affirm willfully, corruptly
22 and falsely, shall be guilty of perjury, and upon conviction
23 shall be punished accordingly.
24 (b) In a county with a population of at least 3,000,000,
25 if a jury administrator is designated by the chief judge of
26 that circuit to perform the functions of jury commissioners,
27 the chief judge of that circuit is authorized to provide a
28 suitable room or rooms in which to transact the business of
29 qualifying jurors and to incur all the other necessary
30 expenses to be paid by the county treasurer. The chief judge
31 for that circuit is authorized to designate a requisite
32 number of assistants to aid in the functions of qualifying
33 jurors.
34 (Source: P.A. 76-1663.)
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1 (705 ILCS 310/7) (from Ch. 78, par. 30)
2 Sec. 7. The jury list provided for in Section 2 of this
3 Act shall be known as the general jury list, and the manner
4 of its preparation by the jury administrator or jury
5 commissioners shall be as prescribed by the chief judge or by
6 rules to be adopted by majority vote of the said judges.
7 (Source: Laws 1931, p. 655.)
8 (705 ILCS 310/8) (from Ch. 78, par. 31)
9 Sec. 8. In such manner as may be prescribed by rules to
10 be adopted by majority vote of the said judges, the jury
11 administrator or the jury commissioners shall also:
12 (a) From time to time prepare a secondary list to be
13 known as the active jury list, containing such number of
14 names taken from the general jury list as shall be appointed
15 by the said rules, and in addition thereto, such other lists,
16 to be known as period jury lists, as the said rules may
17 require. Such period jury lists, if provided for, shall
18 contain the names of prospective jurors who shall have
19 indicated, either before or after being summoned for jury
20 duty, at what time of the year they could most conveniently
21 serve. The active jury list and, except as to the names of
22 persons certified back by the clerk of the court as provided
23 in Section 10 of this act, the period jury lists, shall be
24 prepared by selecting every twentieth name, or other whole
25 number rate necessary to obtain the number required, or, in
26 counties having a population greater than 1,000,000, in a
27 manner prescribed by the judge in charge of jury selection,
28 from the general jury list;
29 (b) Make the active jury list and, except as to the
30 names of persons certified back by the clerk of the court as
31 provided in Section 10 of this Act, the period jury lists,
32 available for the clerks of the circuit court to draw
33 therefrom by lot, as hereinafter required, providing for the
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1 purpose such devices or mechanisms as the said rules shall
2 prescribe;
3 (c) See that at least 2 jury commissioners, one jury
4 commissioner of their number, or one of their number and a
5 judge of the circuit court of the county, or a jury
6 administrator shall be present at any such drawing, along
7 with the clerk of the said jury commissioners, if there be
8 one, except that if the names are to be drawn by computer no
9 jury commissioner need be present at any drawing by computer;
10 (d) Provide for the manner of selection of jurors to be
11 provided to coroners pursuant to Section 10 of "An Act to
12 revise the law in relation to coroners", approved July 1,
13 1874, as amended; provided that such manner of selection
14 shall be, to the extent practicable, similar to the manner in
15 which petit and grand jurors are selected; and
16 (e) Perform such other duties in relation to the
17 selection of electors for jury service and their appearance
18 for such service as are prescribed by this act or may be
19 prescribed by the said rules or procedures established by the
20 chief judge of the circuit.
21 (Source: P.A. 85-345; 86-1053.)
22 (705 ILCS 310/9) (from Ch. 78, par. 32)
23 Sec. 9. In other than single county circuits, the chief
24 judge of the circuit court of the county shall certify to the
25 clerk of the court the number of petit jurors required each
26 month. The clerk shall then repair to the office of the jury
27 commissioners or the jury administrator and there, in the
28 presence of the persons mentioned in Section 8 of this act,
29 proceed to draw by lot or by random electronic process the
30 necessary number of names from those made available for such
31 drawing as in Section 8 of this act provided. The clerk shall
32 thereupon certify the electors whose names are so drawn, and
33 summon them by the type of mail service selected from among
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1 those permitted for service of petit and grand jurors
2 selected in "An Act concerning jurors, and to repeal certain
3 Acts therein named", approved February 11, 1874, as amended.
4 If service of summons cannot be made by the type of mail
5 service selected, the clerk of the court issuing such summons
6 shall, as soon as that fact is determined, re-issue and
7 deliver the summons for the juror not served to the sheriff
8 for service as provided in such case in Section 9 of "An Act
9 concerning jurors, and to repeal certain Acts therein named,"
10 approved February 11, 1874, as amended. If more jurors are
11 needed during the month, a judge of the court shall so
12 certify, and they shall be drawn and certified forthwith and
13 served in the manner above provided. Whenever a grand jury is
14 required by law or by order of the court, it shall be drawn
15 and certified and served in like manner.
16 (Source: P.A. 80-780.)
17 (705 ILCS 310/10) (from Ch. 78, par. 33)
18 Sec. 10. When any elector drawn and summoned as a petit
19 juror or as a grand juror shall appear in obedience to
20 summons, any judge of the court in which he has thus
21 appeared, if satisfied that, on account of the nature of the
22 elector's occupation, business affairs, physical health,
23 family situation, active duty in military service, or other
24 personal affairs, service at another time will subject him to
25 less inconvenience, shall have discretion to excuse him
26 temporarily from service as juror or grand juror and require
27 him to appear at a subsequent day not later than one year
28 from the time of such excuse. And if any elector so excused
29 shall fail to appear for service at the later day thus
30 designated, his attendance shall be enforced in the same
31 manner as is now provided by law for the case of his failure
32 to appear in obedience to summons. When any elector has been
33 so temporarily excused, the fact of such excuse and the day
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1 at which he is to appear for service shall be certified by
2 the clerk of the court to the jury commissioners or the jury
3 administrator. The jury commissioners or the jury
4 administrator shall thereupon place the name of such elector
5 upon the appropriate period jury list, if period jury lists
6 have been provided for by the said rules, and, in any case,
7 shall, at least ten days before the day at which he is
8 required to appear for service, send him by mail a notice
9 reminding him of his duty to appear. Failure to send such
10 notice, however, shall not affect the duty of the elector to
11 appear as required at the time of his temporary excuse. The
12 number of petit jurors to be drawn by the clerk of any of the
13 said courts for any given month, as provided in Section 9 of
14 this act, shall be reduced by the number of petit jurors on
15 the period jury list under duty to appear in that court at
16 that month. A like reduction shall be made in the number of
17 persons to be drawn as grand jurors as provided in Section 9
18 of this Act.
19 (Source: P.A. 84-1428.)".