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Public Act 102-0380


 

Public Act 0380 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0380
 
SB2406 EnrolledLRB102 12532 KTG 17870 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Circuit Courts Act is amended by changing
Sections 1 and 2f-2 and by adding Sections 2f-12 and 37 as
follows:
 
    (705 ILCS 35/1)  (from Ch. 37, par. 72.1)
    Sec. 1. Judicial circuits created. The county of Cook
shall be one judicial circuit and the State of Illinois,
exclusive of the county of Cook, shall be and is divided into
judicial circuits as follows:
    First Circuit--The counties of Alexander, Pulaski, Massac,
Pope, Johnson, Union, Jackson, Williamson and Saline.
    Second Circuit--The counties of Hardin, Gallatin, White,
Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
Richland, Lawrence and Crawford.
    Third Circuit--The counties of Madison and Bond.
    Fourth Circuit--The counties of Clinton, Marion, Clay,
Fayette, Effingham, Jasper, Montgomery, Shelby, and Christian.
    Fifth Circuit--The counties of Vermilion, Edgar, Clark,
Cumberland and Coles.
    Sixth Circuit--The counties of Champaign, Douglas,
Moultrie, Macon, DeWitt, and Piatt.
    Seventh Circuit--The counties of Sangamon, Macoupin,
Morgan, Scott, Greene, and Jersey.
    Eighth Circuit--The counties of Adams, Schuyler, Mason,
Cass, Brown, Pike, Calhoun, and Menard.
    Ninth Circuit--The counties of Knox, Warren, Henderson,
Hancock, McDonough, and Fulton.
    Tenth Circuit--The counties of Peoria, Marshall, Putnam,
Stark, and Tazewell.
    Eleventh Circuit--The counties of McLean, Livingston,
Logan, Ford, and Woodford.
    Twelfth Circuit--The county of Will.
    Thirteenth Circuit--The counties of Bureau, LaSalle, and
Grundy.
    Fourteenth Circuit--The counties of Rock Island, Mercer,
Whiteside, and Henry.
    Fifteenth Circuit--The counties of Jo Daviess, Stephenson,
Carroll, Ogle, and Lee.
    Sixteenth Circuit--The county of Kane. Before December 3,
2012, the counties of Kane, DeKalb, and Kendall. On and after
December 3, 2012, the County of Kane.
    Seventeenth Circuit--The counties of Winnebago and Boone.
    Eighteenth Circuit--The county of DuPage.
    Nineteenth Circuit--The county of Lake. Before December 4,
2006, the counties of Lake and McHenry. On and after December
4, 2006, the County of Lake.
    Twentieth Circuit--Before December 5, 2022, the The
counties of Randolph, Monroe, St. Clair, Washington, and
Perry. On and after December 5, 2022, the county of St. Clair.
    Twenty-first Circuit--The counties of Iroquois and
Kankakee.
    Twenty-second Circuit--The county of McHenry. On and after
December 4, 2006, the County of McHenry.
    Twenty-third Circuit--The On and after December 3, 2012,
the counties of DeKalb and Kendall.
    Twenty-fourth Circuit--On and after December 5, 2022, the
counties of Randolph, Monroe, Washington, and Perry.
(Source: P.A. 97-585, eff. 8-26-11; 98-756, eff. 7-16-14.)
 
    (705 ILCS 35/2f-2)
    Sec. 2f-2. 19th judicial circuit; subcircuits; additional
judges.
    (a) Prior to the boundaries of the subcircuits being
redrawn under subsection (a-3), the The 19th circuit shall be
divided into 6 subcircuits. The subcircuits shall be compact,
contiguous, and substantially equal in population. The General
Assembly by law shall create the subcircuits, using population
data as determined by the 2000 federal census, and shall
determine a numerical order for the 6 subcircuits. That
numerical order shall be the basis for the order in which
resident judgeships are assigned to the subcircuits. The 6
resident judgeships to be assigned that are not added by or
converted from at-large at large judgeships as provided in
this amendatory Act of the 96th General Assembly shall be
assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits,
in that order. The 6 resident judgeships to be assigned that
are added by or converted from at-large at large judgeships as
provided in this amendatory Act of the 96th General Assembly
shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st
subcircuits, in that order. Once a resident judgeship is
assigned to a subcircuit, it shall continue to be assigned to
that subcircuit for all purposes.
    (a-3) In 2021, the General Assembly shall redraw the
boundaries of the subcircuits to reflect the results of the
2020 federal decennial census and divide the 19th circuit into
at least 10 subcircuits. The General Assembly shall redraw the
subcircuit boundaries after every federal decennial census.
The subcircuits shall be compact, contiguous, and
substantially equal in population. Upon the division of
subcircuits pursuant to this Section: (i) each resident
judgeship shall be assigned to the newly drawn subcircuit in
which the judge of the resident judgeship in question resides;
and (ii) each at-large judgeship shall be converted to a
resident judgeship and assigned to the subcircuit in which the
judge of the converted judgeship in question resides. Once a
resident judgeship is assigned to a subcircuit or an at-large
judgeship is converted to a resident judgeship and assigned to
a subcircuit, it shall be assigned to that subcircuit for all
purposes. In accordance with subsection (a), a resident
judgeship assigned to a subcircuit shall continue to be
assigned to that subcircuit. Any vacancy in a resident
judgeship existing on or occurring after the effective date of
a law redrawing the boundaries of the subcircuits shall be
filled by a resident of the redrawn subcircuit. When a vacancy
occurs in a resident judgeship, the resident judgeship shall
be allotted by the Supreme Court under subsection (c) and
filled by election. Notwithstanding the preceding 2 sentences,
the resident judgeship shall not be allotted by the Supreme
Court and filled by election if, after the vacancy arises,
there are still 2 or more nonvacant resident judgeships in the
subcircuit of the vacant resident judgeship in question.
    (a-5) Of the at-large at large judgeships of the 19th
judicial circuit, the first 3 that are or become vacant on or
after the effective date of this amendatory Act of the 96th
General Assembly shall become resident judgeships of the 19th
judicial circuit to be allotted by the Supreme Court under
subsection (c) and filled by election, except that the Supreme
Court may fill those judgeships by appointment for any
remainder of a vacated term until the resident judgeships are
filled initially by election. As used in this subsection, a
vacancy does not include the expiration of a term of an
at-large at large judge who seeks retention in that office at
the next term.
    (a-10) The 19th judicial circuit shall have 3 additional
resident judgeships to be allotted by the Supreme Court under
subsection (c). One of the additional resident judgeships
shall be filled by election beginning at the 2010 general
election. Two of the additional resident judgeships shall be
filled by election beginning at the 2012 general election.
    (a-15) The 19th judicial circuit shall have additional
resident judgeships as provided by subsection (a-3) to be
allotted by the Supreme Court under subsection (c). The
resident judgeships shall be allotted by the Supreme Court in
numerical order as provided by the General Assembly upon the
redrawing of boundaries and the division of subcircuits
pursuant to subsection (a-3). Two additional resident
judgeships allotted by the Supreme Court pursuant to this
subsection, in numerical order as provided by the General
Assembly, shall be filled by election beginning at the 2022
general election. The remainder of the additional resident
judgeships shall be filled by election at the 2024 election.
    (a-20) In addition to the 2 judgeships filled by election
at the 2022 election as provided by subsection (a-15), any
judgeship that became vacant after January 1, 2020 and on the
effective date of this amendatory Act of the 102nd General
Assembly is held by an individual appointed by the Supreme
Court also shall be filled by election at the 2022 general
election. This subsection is subject to the requirement of
subsection (a-3) that no judgeship shall be allotted by the
Supreme Court and filled by election if, after the vacancy
arises, there are still 2 or more nonvacant resident
judgeships in the subcircuit of the vacant resident judgeship
in question.
    (b) The 19th circuit shall have a total of 12 resident
judgeships (6 resident judgeships existing on the effective
date of this amendatory Act of the 96th General Assembly, 3
formerly at-large at large judgeships as provided in
subsection (a-5), and 3 resident judgeships added by
subsection (a-10)). The number of resident judgeships allotted
to subcircuits of the 19th judicial circuit pursuant to this
Section shall constitute all the resident judgeships of the
19th judicial circuit.
    (c) The Supreme Court shall allot (i) all vacancies in
resident judgeships of the 19th circuit existing on or
occurring on or after the effective date of this amendatory
Act of the 93rd General Assembly and not filled at the 2004
general election, (ii) the resident judgeships of the 19th
circuit filled at the 2004 general election as those
judgeships thereafter become vacant, (iii) the 3 formerly
at-large at large judgeships described in subsection (a-5) as
they become available, and (iv) the 3 resident judgeships
added by subsection (a-10), and (v) the additional resident
judgeships provided for by subsection (a-3), for election from
the various subcircuits until there are 2 resident judges to
be elected from each subcircuit. No resident judge of the 19th
circuit serving on the effective date of this amendatory Act
of the 93rd General Assembly shall be required to change his or
her residency in order to continue serving in office or to seek
retention in office as resident judgeships are allotted by the
Supreme Court in accordance with this Section.
    (d) A resident judge elected from a subcircuit shall
continue to reside in that subcircuit as long as he or she
holds that office. A resident judge elected from a subcircuit
after January 1, 2008, must retain residency as a registered
voter in the subcircuit to run for retention from the circuit
at-large at large thereafter.
    (e) Vacancies in resident judgeships of the 19th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 101-477, eff. 6-1-20.)
 
    (705 ILCS 35/2f-12 new)
    Sec. 2f-12. 20th and 24th judicial circuits.
    (a) On December 5, 2022, the 20th judicial circuit is
divided into the 20th and 24th judicial circuits as provided
in Section 1. This division does not invalidate any action
taken by the 20th judicial circuit or any of its judges,
officers, employees, or agents before December 5, 2022. This
division does not affect any person's rights, obligations, or
duties, including applicable civil and criminal penalties,
arising out of any action taken by the 20th judicial circuit or
any of its judges, officers, employees, or agents before
December 5, 2022.
    (b) Any vacancies in at-large judgeships or resident
judgeships shall be filled in the 2022 general election. The
Supreme Court shall fill any remaining vacancies in at-large
judgeships or resident judgeships by appointment after the
2022 general election.
    (c) The Supreme Court shall assign to the 20th circuit the
5 circuit judgeships elected at-large in the 20th circuit
before and at the 2022 general election. The 3 resident
judgeships elected from St. Clair County before the 2012
general election shall become at-large circuit judgeships in
the 20th circuit on December 5, 2022. An individual seeking
election to one of the 5 judgeships at-large or a judge seeking
retention to one of the 5 judgeships at-large at the 2022
general election shall seek election or retention solely
within the boundaries of St. Clair County. The 5 circuit
judgeships assigned to the 20th circuit shall continue to be
elected at-large, and the 3 resident judges shall be elected
at-large at the first general election following the
expiration of a term of office. As used in this subsection, a
vacancy does not include the expiration of a term of an
at-large judge or of a resident judge who intends to seek
retention in that office at the next term.
    (d) The one resident judgeship elected from Monroe County
before the 2022 general election shall become a resident judge
in Monroe County in the 24th circuit on December 5, 2022, the
one resident judgeship elected from Randolph County before the
2022 general election shall become a resident judge in
Randolph County in the 24th circuit on December 5, 2022, the
one resident judgeship elected from Perry County before the
2022 general election shall become a resident judge in Perry
County in the 24th circuit on December 5, 2022, and the one
resident judgeship elected from Washington County before the
2022 general election shall become a resident judge in
Washington County in the 24th circuit on December 5, 2022.
    (e) On December 5, 2022, the Supreme Court shall allocate
the associate judgeships of the 20th circuit before that date
between the 20th and 24th circuits based on the residency of
the associate judges. Any vacancies in associate judgeships
shall be filled in accordance with the Associate Judges Act.
    (f) On December 5, 2022, the Supreme Court shall allocate
personnel, books, records, documents, real and personal
property, funds, assets, liabilities, and pending matters
concerning the 20th circuit before that date between the 20th
and 24th circuits based on the population and staffing needs
of those circuits and the efficient and proper administration
of the judicial system. The rights of employees under
applicable collective bargaining agreements are not affected
by this amendatory Act of the 102nd General Assembly.
    (g) The judgeships set forth in this Section include the
judgeships authorized under Section 2c.
 
    (705 ILCS 35/37 new)
    Sec. 37. Currently serving circuit judges. Nothing in this
amendatory Act of the 102nd General Assembly shall affect the
tenure of any circuit judge serving on the effective date of
this amendatory Act. No circuit judge serving on the effective
date of this amendatory Act of the 102nd General Assembly
shall be required to change his or her residency in order to
continue serving in office or to seek retention in office. Any
circuit judge elected to that office prior to the effective
date of this amendatory Act of the 102nd General Assembly who
files to run for retention after the effective date of this
amendatory Act shall have the right to seek retention in the
circuit the judge was elected from or to seek retention in the
circuit created by this amendatory Act. The Secretary of
State, not less than 63 days before the election, shall
certify the judge's candidacy to the proper election
officials.
 
    Section 10. The Judicial Vacancies Act is amended by
changing Section 2 as follows:
 
    (705 ILCS 40/2)  (from Ch. 37, par. 72.42)
    Sec. 2. (a) Except as provided in paragraphs (1), (2),
(3), (4), and (5) of this subsection (a), vacancies in the
office of a resident circuit judge in any county or in any unit
or subcircuit of any circuit shall not be filled.
        (1) If in any county of less than 45,000 inhabitants
    there remains in office no other resident judge following
    the occurrence of a vacancy, such vacancy shall be filled.
        (2) If in any county of 45,000 or more but less than
    60,000 inhabitants there remains in office only one
    resident judge following the occurrence of a vacancy, such
    vacancy shall be filled.
        (3) If in any county of 60,000 or more inhabitants,
    other than the County of Cook or as provided in paragraph
    (5), there remain in office no more than 2 resident judges
    following the occurrence of a vacancy, such vacancy shall
    be filled.
        (4) The County of Cook shall have 165 resident judges
    on and after the effective date of this amendatory Act of
    1990. Of those resident judgeships, (i) 56 shall be those
    authorized before the effective date of this amendatory
    Act of 1990 from the unit of the Circuit of Cook County
    within Chicago, (ii) 27 shall be those authorized before
    the effective date of this amendatory Act of 1990 from the
    unit of the Circuit of Cook County outside Chicago, (iii)
    12 shall be additional resident judgeships first elected
    at the general election in November of 1992, (iv) 10 shall
    be additional resident judgeships first elected at the
    general election in November of 1994, and (v) 60 shall be
    additional resident judgeships to be authorized one each
    for each reduction upon vacancy in the office of associate
    judge in the Circuit of Cook County as those vacancies
    exist or occur on and after the effective date of this
    amendatory Act of 1990 and as those vacancies are
    determined under subsection (b) of Section 2 of the
    Associate Judges Act until the total resident judgeships
    authorized under this item (v) is 60. Seven of the 12
    additional resident judgeships provided in item (iii) may
    be filled by appointment by the Supreme Court during the
    period beginning on the effective date of this amendatory
    Act of 1990 and ending 60 days before the primary election
    in March of 1992; those judicial appointees shall serve
    until the first Monday in December of 1992. Five of the 12
    additional resident judgeships provided in item (iii) may
    be filled by appointment by the Supreme Court during the
    period beginning July 1, 1991 and ending 60 days before
    the primary election in March of 1992; those judicial
    appointees shall serve until the first Monday in December
    of 1992. Five of the 10 additional resident judgeships
    provided in item (iv) may be filled by appointment by the
    Supreme Court during the period beginning July 1, 1992 and
    ending 60 days before the primary election in March of
    1994; those judicial appointees shall serve until the
    first Monday in December of 1994. The remaining 5 of the 10
    additional resident judgeships provided in item (iv) may
    be filled by appointment by the Supreme Court during the
    period beginning July 1, 1993 and ending 60 days before
    the primary election in March of 1994; those judicial
    appointees shall serve until the first Monday in December
    1994. The additional resident judgeships created upon
    vacancy in the office of associate judge provided in item
    (v) may be filled by appointment by the Supreme Court
    beginning on the effective date of this amendatory Act of
    1990; but no additional resident judgeships created upon
    vacancy in the office of associate judge provided in item
    (v) shall be filled during the 59 day period before the
    next primary election to nominate judges. The Circuit of
    Cook County shall be divided into units to be known as
    subcircuits as provided in Section 2f of the Circuit
    Courts Act. A vacancy in the office of resident judge of
    the Circuit of Cook County existing on or occurring on or
    after the effective date of this amendatory Act of 1990,
    but before the date the subcircuits are created by law,
    shall be filled by appointment by the Supreme Court from
    the unit within Chicago or the unit outside Chicago, as
    the case may be, in which the vacancy occurs and filled by
    election from the subcircuit to which it is allotted under
    Section 2f of the Circuit Courts Act. A vacancy in the
    office of resident judge of the Circuit of Cook County
    existing on or occurring on or after the date the
    subcircuits are created by law shall be filled by
    appointment by the Supreme Court and by election from the
    subcircuit to which it is allotted under Section 2f of the
    Circuit Courts Act.
        (5) Notwithstanding paragraphs (1), (2), and (3) of
    this subsection (a), resident judges in the 12th, 16th,
    17th, 19th, 22nd, and 23rd, and 24th judicial circuits are
    as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6,
    2f-9, and 2f-10, and 2f-12 of the Circuit Courts Act.
    (b) Nothing in paragraphs (2) or (3) of subsection (a) of
this Section shall be construed to require or permit in any
county a greater number of resident judges than there were
resident associate judges on January 1, 1967.
    (c) Vacancies authorized to be filled by this Section 2
shall be filled in the manner provided in Article VI of the
Constitution.
    (d) A person appointed to fill a vacancy in the office of
circuit judge shall be, at the time of appointment, a resident
of the subcircuit from which the person whose vacancy is being
filled was elected if the vacancy occurred in a circuit
divided into subcircuits. If a vacancy in the office of
circuit judge occurred in a circuit not divided into
subcircuits, a person appointed to fill the vacancy shall be,
at the time of appointment, a resident of the circuit from
which the person whose vacancy is being filled was elected.
Except as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6,
and 2f-9 of the Circuit Courts Act, if a vacancy occurred in
the office of a resident circuit judge, a person appointed to
fill the vacancy shall be, at the time of appointment, a
resident of the county from which the person whose vacancy is
being filled was elected.
(Source: P.A. 98-744, eff. 7-16-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2021