State of Illinois
92nd General Assembly

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 1        AN ACT in relation to breast feeding.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  2.  The  Jury Act is amended by changing Section
 5    10.2 as follows:

 6        (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
 7        Sec. 10.2.  Excusing prospective jurors; hardship.
 8        (a)  The county boards of the  respective  counties,  the
 9    jury   commissioners  for  those  counties  which  have  been
10    appointed  under  the  Jury  Commission  Act,   or   a   jury
11    administrator  shall  submit  questionnaires  to  prospective
12    jurors to inquire as to their qualifications for jury service
13    and  as  to  the hardship that jury service would pose to the
14    prospective jurors.  Upon prior approval by the  chief  judge
15    of  the  judicial  circuits  in  which  a  county board, jury
16    administrator, or jury commissioners are situated, the county
17    board, jury administrator, or jury commissioners shall excuse
18    a prospective juror from  jury  service  if  the  prospective
19    juror  shows that such service would impose an undue hardship
20    on  account  of  the  nature  of  the   prospective   juror's
21    occupation,   business   affairs,   physical  health,  family
22    situation, active duty in  the  Illinois  National  Guard  or
23    Illinois  Naval Militia, or other personal affairs, and cause
24    his or her name to be returned to the jury  list  or  general
25    jury list.
26        (b)  When  an undue hardship caused by a family situation
27    is due to the prospective juror being the primary care  giver
28    of  a  person  with a mental or physical disability, a person
29    with a medically diagnosed behavior problem, or a child under
30    age 12, then the county board,  jury  commissioners  or  jury
31    administrator  shall  excuse  such a prospective juror, if it
                           -2-                 LRB9202500WHcs
 1    finds that no reasonable alternative care is  feasible  which
 2    would  not  impose an undue hardship on the prospective juror
 3    or the person for whom the  prospective  juror  is  providing
 4    care, or both.
 5        (c)  Upon a mother's statement that she is breast feeding
 6    and her request to be excused from jury service, she shall be
 7    excused  from  jury  service  unless  it  is  found  that her
 8    statement is false.
 9    (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)

10        Section   3.  The  Jury  Commission  Act  is  amended  by
11    changing Section 10 as follows:

12        (705 ILCS 310/10) (from Ch. 78, par. 33)
13        Sec. 10.  When any elector drawn and summoned as a  petit
14    juror  or  as  a  grand  juror  shall  appear in obedience to
15    summons, any  judge  of  the  court  in  which  he  has  thus
16    appeared,  if satisfied that, on account of the nature of the
17    elector's  occupation,  business  affairs,  physical  health,
18    family situation, active duty in military service,  or  other
19    personal affairs, service at another time will subject him to
20    less  inconvenience,  shall  have  discretion  to  excuse him
21    temporarily from service as juror or grand juror and  require
22    him  to  appear  at  a subsequent day not later than one year
23    from the time of such excuse. And if any elector  so  excused
24    shall  fail  to  appear  for  service  at  the later day thus
25    designated, his attendance shall  be  enforced  in  the  same
26    manner  as is now provided by law for the case of his failure
27    to appear in obedience to summons. When any elector has  been
28    so  temporarily  excused, the fact of such excuse and the day
29    at which he is to appear for service shall  be  certified  by
30    the  clerk of the court to the jury commissioners or the jury
31    administrator.   The   jury   commissioners   or   the   jury
32    administrator shall thereupon place the name of such  elector
                           -3-                 LRB9202500WHcs
 1    upon  the  appropriate period jury list, if period jury lists
 2    have been provided for by the said rules, and, in  any  case,
 3    shall,  at  least  ten  days  before  the  day at which he is
 4    required to appear for service, send him  by  mail  a  notice
 5    reminding  him  of  his  duty to appear. Failure to send such
 6    notice, however, shall not affect the duty of the elector  to
 7    appear  as  required at the time of his temporary excuse. The
 8    number of petit jurors to be drawn by the clerk of any of the
 9    said courts for any given month, as provided in Section 9  of
10    this  act,  shall be reduced by the number of petit jurors on
11    the period jury list under duty to appear in  that  court  at
12    that  month.  A like reduction shall be made in the number of
13    persons to be drawn as grand jurors as provided in Section  9
14    of this Act.
15        Upon  a mother's statement that she is breast feeding and
16    her request to be excused from jury  service,  she  shall  be
17    excused  from  jury  service  unless  it  is  found  that her
18    statement is false.
19    (Source: P.A. 90-482, eff. 1-1-98.)

20        Section 5.  The Jury Secrecy Act is amended  by  changing
21    Section 1 as follows:

22        (705 ILCS 315/1) (from Ch. 78, par. 36)
23        Sec. 1.  (a) Except as provided in subsections subsection
24    (b) and (c), whoever knowingly and wilfully, by any device or
25    means   whatsoever   records   or  attempts  to  record,  the
26    proceedings of a petit jury in any  court  of  the  State  of
27    Illinois while the jury is deliberating or voting, or listens
28    to  or  observes,  or  attempts  to listen to or observe, the
29    proceedings of any petit jury of which he or  she  is  not  a
30    member  in  any court of the State of Illinois while the jury
31    is deliberating or voting, is shall be guilty of  a  Class  A
32    misdemeanor.  However,  if  any  juror  is  deaf  or  hard of
                           -4-                 LRB9202500WHcs
 1    hearing, the juror may be accompanied by and may  communicate
 2    with  a  court  appointed  interpreter  throughout any period
 3    during which the  jury  is  sequestered  or  engaged  in  its
 4    deliberations.  If  the jury foreman reasonably believes that
 5    the interpreter is doing more than interpreting,  nothing  in
 6    this  Act shall prevent him or her from petitioning the court
 7    and requesting that the interpreter be replaced with  another
 8    interpreter.
 9        (b)  A  petit juror in any court of the State of Illinois
10    shall be entitled to take notes in connection with and solely
11    for the purpose of assisting him or her in the performance of
12    his or her duties as juror, and the sheriff of the county  in
13    which  such  juror is serving shall provide writing materials
14    for that purpose.  Such notes shall remain confidential,  and
15    shall  be destroyed by the sheriff after the verdict has been
16    returned or a mistrial declared.
17        (c)  A juror who is the mother of  an  infant  may  bring
18    that  infant  into the room where jury deliberations are held
19    for the purpose  of  breast  feeding   and  caring  for  that
20    infant.
21    (Source: P.A. 88-27.)

22        Section  10.  The  Code  of Criminal Procedure of 1963 is
23    amended by changing Sections 112-6 and 115-4 as follows:

24        (725 ILCS 5/112-6) (from Ch. 38, par. 112-6)
25        Sec. 112-6.  Secrecy of proceedings.)
26        (a)  Only the State's Attorney, his or her  reporter,  an
27    infant whose mother is a grand juror and who is caring for or
28    breast  feeding  that infant, and any other person authorized
29    by the court or by law may attend the sessions of  the  Grand
30    Jury.   Only  the  grand  jurors  shall be present during the
31    deliberations and vote of the Grand Jury.  If no reporter  is
32    assigned  by  the  State's Attorney to attend the sessions of
                           -5-                 LRB9202500WHcs
 1    the Grand Jury, the court shall appoint such reporter.
 2        (b)  Matters other than the deliberations and vote of any
 3    grand juror shall not be disclosed by the  State's  Attorney,
 4    except  as  otherwise  provided  for  in subsection (c).  The
 5    court may direct that a Bill of  Indictment  be  kept  secret
 6    until  the  defendant  is in custody or has given bail and in
 7    either event the clerk shall seal the Bill of Indictment  and
 8    no   person  shall  disclose  the  finding  of  the  Bill  of
 9    Indictment  except  when  necessary  for  the  issuance   and
10    execution of a warrant.
11        (c) (1)  Disclosure  otherwise prohibited by this Section
12    of matters occurring before the Grand Jury,  other  than  its
13    deliberations  and  the  vote of any grand juror, may be made
14    to:
15        a.  a State's Attorney for use in the performance of such
16    State's Attorney's duty; and
17        b.  such government personnel as are deemed necessary  by
18    the  State's  Attorney  in  the  performance  of such State's
19    Attorney's duty to enforce State criminal law.
20        (2)  Any person  to  whom  matters  are  disclosed  under
21    paragraph  (1) of this subsection (c) shall not use the Grand
22    Jury material  for  any  purpose  other  than  assisting  the
23    State's   Attorney   in   the  performance  of  such  State's
24    Attorney's duty to enforce State criminal law.   The  State's
25    Attorney  shall  promptly provide the court, before which was
26    impaneled the Grand Jury whose material has  been  disclosed,
27    with  the  names  of  the persons to whom such disclosure has
28    been made.
29        (3)  Disclosure otherwise prohibited by this  Section  of
30    matters occurring before the Grand Jury may also be made when
31    the  court,  preliminary  to or in connection with a judicial
32    proceeding, directs such in the interests of justice or  when
33    a law so directs.
34        (d)  Any   grand  juror  or  officer  of  the  court  who
                           -6-                 LRB9202500WHcs
 1    discloses, other than  to  his  attorney,  matters  occurring
 2    before  the  Grand  Jury  other  than  in accordance with the
 3    provisions of this  subsection  or  Section  112-7  shall  be
 4    punished  as  a  contempt of court, subject to proceedings in
 5    accordance to law.
 6    (Source: P.A. 85-690.)

 7        (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
 8        Sec. 115-4.  Trial by Court and Jury.)
 9        (a)  Questions of law shall be decided by the  court  and
10    questions of fact by the jury.
11        (b)  The jury shall consist of 12 members.
12        (c)  Upon  request  the parties shall be furnished with a
13    list of prospective jurors with their addresses if known.
14        (d)  Each party may challenge  jurors  for  cause.  If  a
15    prospective  juror has a physical impairment, the court shall
16    consider such prospective juror's  ability  to  perceive  and
17    appreciate  the  evidence  when  considering  a challenge for
18    cause.
19        (e)  A  defendant  tried  alone  shall  be   allowed   20
20    peremptory  challenges  in  a  capital  case, 10 in a case in
21    which the punishment may be imprisonment in the penitentiary,
22    and 5 in all other cases; except that, in a single  trial  of
23    more  than  one defendant, each defendant shall be allowed 12
24    peremptory challenges in a capital case, 6 in a case in which
25    the punishment may be imprisonment in the penitentiary, and 3
26    in all other cases.  If several charges against  a  defendant
27    or  defendants  are  consolidated  for  trial, each defendant
28    shall be allowed peremptory challenges upon one charge  only,
29    which   single  charge  shall  be  the  charge  against  that
30    defendant authorizing  the  greatest  maximum  penalty.   The
31    State   shall  be  allowed  the  same  number  of  peremptory
32    challenges as all of the defendants.
33        (f)  After examination by the court  the  jurors  may  be
                           -7-                 LRB9202500WHcs
 1    examined,  passed  upon,  accepted  and  tendered by opposing
 2    counsel as provided by Supreme Court rules.
 3        (g)  After the jury is impaneled and sworn the court  may
 4    direct the selection of 2 alternate jurors who shall take the
 5    same  oath  as the regular jurors.  Each party shall have one
 6    additional peremptory challenge for each alternate juror.  If
 7    before the final submission of a cause a member of  the  jury
 8    dies  or  is  discharged he shall be replaced by an alternate
 9    juror in the order of selection.
10        (h)  A trial by the court and jury shall be conducted  in
11    the  presence  of the defendant unless he waives the right to
12    be present.
13        (i)  After arguments of counsel the court shall  instruct
14    the jury as to the law.
15        (j)  Unless  the affirmative defense of insanity has been
16    presented during the trial, the jury shall return  a  general
17    verdict  as  to  each  offense charged.  When the affirmative
18    defense of insanity has been presented during the trial,  the
19    court  shall  provide  the jury not only with general verdict
20    forms but also with a special verdict form of not  guilty  by
21    reason  of  insanity, as to each offense charged, and in such
22    event the court shall separately instruct  the  jury  that  a
23    special  verdict  of  not guilty by reason of insanity may be
24    returned instead  of  a  general  verdict  but  such  special
25    verdict  requires  a  unanimous  finding by the jury that the
26    defendant committed the acts charged but at the time  of  the
27    commission  of  those  acts the defendant was insane.  In the
28    event of a verdict of not guilty by  reason  of  insanity,  a
29    hearing  shall  be  held  pursuant  to  the Mental Health and
30    Developmental Disabilities  Code  to  determine  whether  the
31    defendant  is  subject  to  involuntary  admission.  When the
32    affirmative defense of insanity has been presented during the
33    trial, the court, where warranted by the evidence, shall also
34    provide the jury with a special verdict form  of  guilty  but
                           -8-                 LRB9202500WHcs
 1    mentally ill, as to each offense charged and shall separately
 2    instruct  the  jury  that  a  special  verdict  of guilty but
 3    mentally ill may be returned instead of  a  general  verdict,
 4    but that such special verdict requires a unanimous finding by
 5    the  jury  that: (1) the State has proven beyond a reasonable
 6    doubt that the defendant is guilty of  the  offense  charged;
 7    and  (2)  the  defendant  has failed to prove his insanity as
 8    required in subsection (b) of Section  3-2  of  the  Criminal
 9    Code of 1961, as amended, and subsections (a), (b) and (e) of
10    Section 6-2 of the Criminal Code of 1961, as amended; and (3)
11    the  defendant  has proven by a preponderance of the evidence
12    that he was mentally ill, as defined in subsections  (c)  and
13    (d)  of Section 6-2 of the Criminal Code of 1961, as amended,
14    at the time of the offense.
15        (k)  When, at the close of the State's evidence or at the
16    close of all of the evidence, the evidence is insufficient to
17    support a finding or verdict of guilty the court may  and  on
18    motion  of  the  defendant shall make a finding or direct the
19    jury to return a verdict of not guilty, enter a  judgment  of
20    acquittal and discharge the defendant.
21        (l)  When  the  jury  retires  to consider its verdict an
22    officer of the court shall be appointed to keep them together
23    and to prevent conversation between the  jurors  and  others;
24    however, if any juror is deaf, the jury may be accompanied by
25    and may communicate with a court-appointed interpreter during
26    its  deliberations.  Upon  agreement  between  the  State and
27    defendant or his counsel the jury may seal  and  deliver  its
28    verdict  to the clerk of the court, separate, and then return
29    such verdict in open court at its next session.
30        (m)  In the trial of a  capital  or  other  offense,  any
31    juror  who  is  a  member  of  a panel or jury which has been
32    impaneled and sworn  as  a  panel  or  as  a  jury  shall  be
33    permitted  to  separate  from  other such jurors during every
34    period of adjournment to a later day, until final  submission
                           -9-                 LRB9202500WHcs
 1    of  the  cause  to the jury for determination, except that no
 2    such separation shall be permitted in  any  trial  after  the
 3    court,  upon motion by the defendant or the State or upon its
 4    own  motion,  finds  a  probability  that  prejudice  to  the
 5    defendant or to the State will result from such separation.
 6        (n)  The members of the jury shall be  entitled  to  take
 7    notes  during  the  trial,  and  the sheriff of the county in
 8    which the jury is sitting shall  provide  them  with  writing
 9    materials   for   this  purpose.   Such  notes  shall  remain
10    confidential, and shall be destroyed by the sheriff after the
11    verdict has been returned or a mistrial declared.
12        (o)  A defendant tried by the court and jury  shall  only
13    be  found  guilty, guilty but mentally ill, not guilty or not
14    guilty by reason of insanity, upon the unanimous  verdict  of
15    the jury.
16        (p)  Nothing  in  this  Section  prohibits an infant of a
17    mother  who  is  a  juror  from  attending  court   and   the
18    deliberation  of the jury if the infant is being cared for or
19    breast fed by his or her mother.
20    (Source: P.A. 86-392.)

21        Section  12.  The Illinois Human Rights Act is amended by
22    adding Section 5-102.1 as follows:

23        (775 ILCS 5/5-102.1 new)
24        Sec. 5-102.1. Breast feeding of infants. It  is  a  civil
25    rights  violation  for  any  person  to prohibit a woman from
26    breast  feeding  an   infant   in   any   place   of   public
27    accommodation.

28        Section  15.  The One Day Rest in Seven Act is amended by
29    adding Section 3.5 as follows:

30        (820 ILCS 140/3.5 new)
                           -10-                LRB9202500WHcs
 1        Sec. 3.5.  Nursing  mother.   An  employer  must  provide
 2    reasonable  unpaid  break  time  each  day to an employee who
 3    needs to express breast milk for her infant child.  The break
 4    time must, if possible, run concurrently with any break  time
 5    already  provided  to  the  employee.   An  employer  is  not
 6    required to provide break time under this Section if to do so
 7    would unduly disrupt the operations of the employer.
 8        Employers  are  encouraged  to make reasonable efforts to
 9    provide a room or other location, in close proximity  to  the
10    work  area,  other than a toilet stall, where an employee may
11    express her milk in privacy.

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