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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0178
LRB9103017RCdv
1 AN ACT to amend the Jury Act by changing Section 10.2.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. 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, pursuant to "An Act
11 in relation to jury commissioners and authorizing judges to
12 appoint such commissioners and to make rules concerning their
13 powers and duties", approved June 15, 1887, as amended, or a
14 jury administrator shall have the authority to submit
15 questionnaires to prospective jurors to inquire as to their
16 qualifications for jury service and as to the hardship that
17 jury service would pose to the prospective jurors. Upon
18 prior approval by the chief judge of the judicial circuits in
19 which a county board, jury administrator, or jury
20 commissioners are situated, the county board, jury
21 administrator, or jury commissioners shall excuse a
22 prospective juror from jury service if the prospective juror
23 shows that such service would impose an undue hardship on
24 account of the nature of the prospective juror's occupation,
25 business affairs, physical health, family situation, active
26 duty in the Illinois National Guard or Illinois Naval
27 Militia, or other personal affairs, and cause his or her name
28 to be returned to the jury list or general jury list.
29 (b) The county boards of the respective counties, the
30 jury commissioners for those counties which have been
31 appointed under the Jury Commission Act, or a jury
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1 administrator shall in their questionnaires to prospective
2 jurors inquire whether the prospective jurors are parents or
3 guardians of a child under 12 years of age or of a child with
4 a physical or mental disability or of a child with a behavior
5 problem; whether the parent or guardian must spend a
6 substantial portion of his or her time caring for that child;
7 and whether jury service would pose an undue hardship for the
8 parent or guardian and the child.
9 The county board, jury commissioners, or jury
10 administrator shall excuse a prospective juror from jury
11 service if they receive a questionnaire from a prospective
12 juror that states that the prospective juror is currently
13 caring for a child under 12 years of age, a child with a
14 physical or mental disability, or a child with a behavioral
15 problem and that jury service would pose an undue hardship
16 for the parent or guardian and the child, unless the county
17 board, jury commissioners, or jury administrator determines
18 that the prospective juror is essential to its jury pool, and
19 unless the county provides transportation or reimbursement
20 for the parent or guardian and child and reimbursement for
21 day care.
22 (c) It is unlawful for a county board member, jury
23 commissioner, jury administrator, or other public official to
24 summon a parent or guardian of a child under 12 years of age
25 or a parent or guardian of a child with a physical or mental
26 disability or a behavioral problem if the county does not
27 provide for day care services and if the parent or guardian
28 reports to the county board, jury commissioners, or jury
29 administrator that he or she is unable to secure adequate day
30 care services for his or her child.
31 (d) It is unlawful for any public official or employee
32 to impede or detain a parent or guardian on jury service from
33 caring for a child under 12 years of age or a child with a
34 physical or mental disability or with a behavior problem
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1 unless the parent or guardian reports to the county board,
2 jury commissioners, or jury administrator that other
3 arrangements have been made to care for the child.
4 (e) A public official or employee who violates
5 subsection (c) or (d) of this Section is guilty of a Class 3
6 felony.
7 (Source: P.A. 90-482, eff. 1-1-98.)
8 Section 99. Effective date. This Act takes effect July
9 1, 1999.