101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1540

 

Introduced 2/15/2019, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/4-11001  from Ch. 34, par. 4-11001
735 ILCS 5/2-1105  from Ch. 110, par. 2-1105

    Amends the Counties Code and the Code of Civil Procedure to reenact provisions without the changes made by Public Act 98-1132, which was held unconstitutional by the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Purpose.
5    (a) The General Assembly finds and declares that:
6        (1) "An Act concerning courts", Public Act 98-1132,
7    approved December 19, 2014, amended Section 4-11001 of the
8    Counties Code and Section 2-1105 of the Code of Civil
9    Procedure.
10        (2) In Kakos v. Butler, 2016 IL 120377, the Illinois
11    Supreme Court held that Public Act 98-1132 is void in its
12    entirety.
13    (b) It is the purpose of this Act to reenact Section
144-11001 of the Counties Code and Section 2-1105 without the
15changes made by Public Act 98-1132.
16    (c) This Act is not intended to supersede any other Public
17Act of the 101st General Assembly.
 
18    Section 5. The Counties Code is amended by reenacting
19Section 4-11001 as follows:
 
20    (55 ILCS 5/4-11001)  (from Ch. 34, par. 4-11001)
21    Sec. 4-11001. Juror fees. Each county shall pay to grand
22and petit jurors for their services in attending courts the sum

 

 

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1of $4 for each day of necessary attendance at such courts as
2jurors in counties of the first class, the sum of $5 for each
3day in counties of the second class, and the sum of $10 for
4each day in counties of the third class, or such higher amount
5as may be fixed by the county board.
6    In addition, jurors shall receive such travel expense as
7may be determined by the county board, provided that jurors in
8counties of the first class and second class shall receive at
9least 10 cents per mile for their travel expense. Mileage shall
10be allowed for travel during a juror's term as well as for
11travel at the opening and closing of his term.
12    If a judge so orders, a juror shall also receive
13reimbursement for the actual cost of day care incurred by the
14juror during his or her service on a jury.
15    The juror fees for service, transportation, and day care
16shall be paid out of the county treasury.
17    The clerk of the court shall furnish to each juror without
18fee whenever he is discharged a certificate of the number of
19days' attendance at court, and upon presentation thereof to the
20county treasurer, he shall pay to the juror the sum provided
21for his service.
22    Any juror may elect to waive the fee paid for service,
23transportation, or day care, or any combination thereof.
24(Source: P.A. 97-840, eff. 1-1-13.)
 
25    Section 10. The Code of Civil Procedure is amended by

 

 

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1reenacting Section 2-1105 as follows:
 
2    (735 ILCS 5/2-1105)  (from Ch. 110, par. 2-1105)
3    Sec. 2-1105. Jury demand.
4    (a) A plaintiff desirous of a trial by jury must file a
5demand therefor with the clerk at the time the action is
6commenced. A defendant desirous of a trial by jury must file a
7demand therefor not later than the filing of his or her answer.
8Otherwise, the party waives a jury. If an action is filed
9seeking equitable relief and the court thereafter determines
10that one or more of the parties is or are entitled to a trial by
11jury, the plaintiff, within 3 days from the entry of such order
12by the court, or the defendant, within 6 days from the entry of
13such order by the court, may file his or her demand for trial
14by jury with the clerk of the court. If the plaintiff files a
15jury demand and thereafter waives a jury, any defendant and, in
16the case of multiple defendants, if the defendant who filed a
17jury demand thereafter waives a jury, any other defendant shall
18be granted a jury trial upon demand therefor made promptly
19after being advised of the waiver and upon payment of the
20proper fees, if any, to the clerk.
21    (b) All jury cases where the claim for damages is $50,000
22or less shall be tried by a jury of 6, unless either party
23demands a jury of 12. If a fee in connection with a jury demand
24is required by statute or rule of court, the fee for a jury of 6
25shall be 1/2 the fee for a jury of 12. A party demanding a jury

 

 

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1of 12 after another party has paid the applicable fee for a
2jury of 6 shall pay the remaining 1/2 of the fee applicable to
3a jury of 12.
4(Source: P.A. 94-206, eff. 1-1-06.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.