Public Act 099-0102
 
HB3704 EnrolledLRB099 09017 HEP 29199 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Jury Act is amended by changing Section 10.4
as follows:
 
    (705 ILCS 305/10.4)
    Sec. 10.4. Removal of prospective juror due to total and
permanent disability. If a prospective juror is found to be
unqualified due to the existence of a total and permanent
disability or is excused for undue hardship that is due to the
existence of a total and permanent disability, the county
board, jury administrator, or jury commissioners shall
permanently exclude the prospective juror from all current and
subsequent jury lists or general jury lists. Proof of total and
permanent disability shall be either:
        (1) a written letter from a licensed physician that
    states the prospective juror has a total and permanent
    disability as defined in this Section, describes the
    disability, explains how it prevents the prospective juror
    from serving as a juror, and states that the prospective
    juror will never be able to serve as a juror; .
        (2) a copy of an individualized education program plan
    for the prospective juror who participates in a special
    education program or receives transition or supported
    employment services under Article 14 of the School Code,
    submitted by the prospective juror or his or her legal
    guardian; or
        (3) a copy of a court order for guardianship showing
    that the juror has been adjudged totally without capacity
    and a plenary guardian has been appointed.
    The county board, jury administrator, or jury
commissioners shall create and maintain a list of persons to be
permanently excluded from any jury list or general jury list
pursuant to this Section. The county board, jury administrator,
or jury commissioners shall notify a prospective juror, or his
or her legal guardian, when the juror is permanently excluded
from all current and subsequent jury lists or general jury
lists due to total and permanent disability.
    For the purposes of this Section, "total and permanent
disability" means any physical or mental impairment, disease,
or loss of a permanent nature that prevents performance of the
duties of a juror. "Total and permanent disability" does not
include an impairment or disease that is transitory or minor in
nature or is capable of being improved.
(Source: P.A. 97-436, eff. 1-1-12.)
 
    Section 10. The Jury Commission Act is amended by changing
Section 10.5 as follows:
 
    (705 ILCS 310/10.5)
    Sec. 10.5. Removal of prospective juror due to total and
permanent disability. If a prospective juror is found to be
unqualified due to the existence of a total and permanent
disability or is excused for undue hardship that is due to the
existence of a total and permanent disability, the jury
administrator or jury commissioners shall permanently exclude
the prospective juror from all current and subsequent jury
lists or general jury lists. Proof of total and permanent
disability shall be either:
        (1) a written letter from a licensed physician that
    states the prospective juror has a total and permanent
    disability as defined in this Section, describes the
    disability, explains how it prevents the prospective juror
    from serving as a juror, and states that the prospective
    juror will never be able to serve as a juror; .
        (2) a copy of an individualized education program plan
    for the prospective juror who participates in a special
    education program or receives transition or supported
    employment services under Article 14 of the School Code,
    submitted by the prospective juror or his or her legal
    guardian; or
        (3) a copy of a court order for guardianship showing
    that the juror has been adjudged totally without capacity
    and a plenary guardian has been appointed.
    The jury administrator or jury commissioners shall create
and maintain a list of persons to be permanently excluded from
any jury list or general jury list pursuant to this Section.
The jury administrator or jury commissioners shall notify a
prospective juror, or his or her legal guardian, when the juror
is permanently excluded from all current and subsequent jury
lists or general jury lists due to total and permanent
disability.
    For the purposes of this Section, "total and permanent
disability" means any physical or mental impairment, disease,
or loss of a permanent nature that prevents performance of the
duties of a juror. "Total and permanent disability" does not
include an impairment or disease that is transitory or minor in
nature or is capable of being improved.
(Source: P.A. 97-436, eff. 1-1-12.)