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Public Act 097-0585


 

Public Act 0585 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0585
 
SB0063 EnrolledLRB097 02765 HLH 42787 b

    AN ACT concerning elections.
 
    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-9 and by adding Sections 2f-10 and 2f-11 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 JoDaviess, Stephenson,
Carroll, Ogle and Lee.
    Sixteenth Circuit--Before December 3, 2012, the counties
of Kane, DeKalb, and Kendall. On and after December 3, 2012,
the County of Kane. The counties of Kane, DeKalb and Kendall.
    Seventeenth Circuit--The counties of Winnebago and Boone.
    Eighteenth Circuit--The county of DuPage.
    Nineteenth Circuit--Before December 4, 2006, the counties
of Lake and McHenry. On and after December 4, 2006, the County
of Lake.
    Twentieth Circuit--The counties of Randolph, Monroe, St.
Clair, Washington and Perry.
    Twenty-first Circuit--The counties of Iroquois and
Kankakee.
    Twenty-second Circuit--On and after December 4, 2006, the
County of McHenry.
    Twenty-third Circuit--On and after December 3, 2012, the
counties of DeKalb and Kendall.
(Source: P.A. 93-541, eff. 8-18-03.)
 
    (705 ILCS 35/2f-9)
    Sec. 2f-9. 16th judicial circuit; subcircuits.
    (a) The 16th circuit shall be divided into 4 5 subcircuits.
Subcircuits 1, 2, and 4 of the 16th circuit in existence on
April 15, 2011 shall continue to use their established
boundaries in the new 16th circuit as of December 3, 2012.
Subcircuit 3 in existence on April 15, 2011 shall continue to
use its established boundary until December 3, 2012. For a
judge elected to subcircuit 3 as of April 15, 2011, the current
boundaries in existence as of April 15, 2011 shall continue
until the conclusion of the existing term of office, following
the 2012 general election, and upon the conclusion of the
existing term of office, the new boundary shall go into effect.
The new boundary for subcircuit 3 shall contain and be made up
of the following townships in the County of Kane, excluding the
portions of the townships currently served by subcircuit 1, 2,
or 4: Aurora, Blackberry, Big Rock, Burlington, Campton,
Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar
Grove, and Virgil. 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 4 5 subcircuits. That
numerical order shall be the basis for the order in which
resident judgeships are assigned to the subcircuits. Once a
resident judgeship is assigned to a subcircuit, it shall
continue to be assigned to that subcircuit for all purposes.
    (b) (Blank). Of the 16th circuit's 16 circuit judgeships
existing on April 7, 2005 (7 at large and 9 resident), but not
including the 3 resident judgeships added by this amendatory
Act of the 96th General Assembly, 5 of the 9 resident
judgeships shall be allotted as 16th circuit resident
judgeships under subsection (c) as (i) the first resident
judgeship of DeKalb County, (ii) the first resident judgeship
of Kendall County, and (iii) the first 2 resident judgeships of
Kane County are or become vacant on or after the effective date
of this amendatory Act of the 93rd General Assembly, and (iv)
the first resident judgeship of Kane County (in addition to the
2 vacancies under item (iii)) is or becomes vacant after the
effective date of this amendatory Act of the 94th General
Assembly. These 5 resident subcircuit judgeships and the
remaining 7 resident judgeships shall constitute all of the
resident judgeships of the 16th circuit. As used in this
subsection, a vacancy does not include the expiration of a term
of a resident judge who seeks retention in that office at the
next term.
    (c) The Supreme Court shall allot the first eligible DeKalb
County vacancy, the first eligible Kendall County vacancy, and
the first 3 eligible Kane County vacancies in resident
judgeships of the 16th circuit as provided in subsection (b),
for election from the various subcircuits. The judgeships shall
be assigned to the subcircuits based upon the numerical order
of the 5 subcircuits. No resident judge of the 16th 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 judgeships are allotted by the Supreme
Court in accordance with this Section. No resident judge
elected from a subcircuit serving on the effective date of this
amendatory Act of the 97th General Assembly shall be required
to change his or her residency in order to continue serving in
or to seek retention in office until the 2012 general election,
or until the conclusion of the existing term.
    (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 thereafter. A resident judge elected from a subcircuit
after January 1, 2011, must retain residency as a registered
voter in the subcircuit to run for retention from the circuit
at large thereafter.
    (e) Vacancies in resident judgeships of the 16th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
 
    (705 ILCS 35/2f-10 new)
    Sec. 2f-10. 16th and 23rd judicial circuits.
    (a) On December 3, 2012, the 16th judicial circuit is
divided into the 16th and 23rd judicial circuits as provided in
Section 1 of the Circuit Courts Act. This division does not
invalidate any action taken by the 16th judicial circuit or any
of its judges, officers, employees, or agents before December
3, 2012. 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 16th
judicial circuit or any of its judges, officers, employees, or
agents before December 3, 2012.
    (b) The 16th circuit shall have one additional resident
judgeship to be allotted by the Supreme Court under subsection
(d). The additional resident judgeship shall be filled by
election beginning at the 2012 general election.
    (c) The 16th circuit shall have an additional resident
judgeship from Kendall County to be allotted by the Supreme
Court. The additional judgeship shall be filled by election
beginning at the 2012 general election. This judgeship shall
become a resident judgeship from Kendall County in the 23rd
circuit on December 3, 2012.
    (d) The Supreme Court shall allot: (i) all vacancies in at
large judgeships or resident judgeships from the County of Kane
of the 16th circuit existing on or occurring on or after the
effective date of this amendatory Act of the 97th General
Assembly, excluding the vacancy in subsection (e); and (ii) the
one resident judgeship added by subsection (b), for election
from the various subcircuits until there are 2 resident judges
to be elected from each subcircuit. The additional resident
judgeship added by subsection (b) that shall be filled by
election beginning at the 2012 general election shall be
assigned to subcircuit 2. The Supreme Court may fill the
judgeship by appointment prior to the 2012 general election.
The vacancies allotted by the Supreme Court under this
subsection shall become resident judgeships of the 16th circuit
to be assigned to the 3rd, 1st, and 4th subcircuits in that
order. Subcircuit judgeships in the 3rd, 1st, and 4th
subcircuits shall be filled by election as vacancies occur. No
resident judge of the 16th circuit serving on the effective
date of this amendatory Act of the 97th 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. 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.
    (e) The Supreme Court shall assign to the 16th circuit the
7 circuit judgeships elected at large in the 16th circuit
before and at the 2012 general election. The 3 resident
judgeships elected from Kane County before the 2012 general
election shall become at large circuit judgeships on December
3, 2012. An individual seeking election to one of the 7
judgeships at large or a judge seeking retention to one of the
7 judgeships at large at the 2012 general election shall seek
election or retention solely within the boundaries of Kane
County. The 7 circuit judgeships assigned to the 16th 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. Of the 7 circuit
judgeships elected at large as of April 15, 2011, and the 3
resident judgeships elected from Kane County before the general
election of 2012 converting to at large judgeships on December
3, 2012, the first vacancy occurring after December 3, 2012
shall be assigned to the 23rd circuit as a Kendall County
resident judge. 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.
    (f) The 3 resident judgeships elected from DeKalb County
before the 2012 general election shall become resident
judgeships from DeKalb County in the 23rd circuit on December
3, 2012, and the 2 resident judgeships elected from Kendall
County before the 2012 general election shall become resident
judgeships from Kendall County in the 23rd circuit on December
3, 2012.
    (g) The 4 subcircuit judgeships of the 16th circuit elected
as of April 15, 2011, shall become the 4 subcircuit judgeships
of the 16th circuit as established in Section 2f-9. The
remaining unfilled subcircuit judgeship of the 16th circuit as
of April 15, 2011 shall be eliminated. If the judgeship of the
5th subcircuit of the 16th circuit is filled prior to the
effective date of this amendatory Act of the 97th General
Assembly, that judgeship shall be eliminated on December 3,
2012.
    (h) On December 3, 2012, the Supreme Court shall allocate
the associate judgeships of the 16th circuit before that date
between the 16th and 23rd circuits. The number of associate
judges allocated to the 23rd circuit shall be no less than 5.
    (i) On December 3, 2012, the Supreme Court shall allocate
personnel, books, records, documents, property (real and
personal), funds, assets, liabilities, and pending matters
concerning the 16th circuit before that date between the 16th
and 23rd 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 97th General Assembly.
    (j) The judgeships set forth in this Section include the
judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and
2n. The judgeships authorized in those Sections are not in
addition to those set forth in this Section.
 
    (705 ILCS 35/2f-11 new)
    Sec. 2f-11. 23rd judicial circuit.
    (a) The 23rd circuit shall have a total of 6 resident
judgeships (5 resident judgeships existing on the effective
date of this amendatory Act of the 97th General Assembly and
the resident judgeship for Kendall County created by the first
vacancy of an at large resident judgeship or resident judgeship
in the new 16th circuit).
    (b) Vacancies in resident judgeships of the 23rd circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2011