HB0339 94TH GENERAL ASSEMBLY

LRB094 06829 WGH 36964 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0339

Introduced 1/21/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:

55 ILCS 5/4-11001	from Ch. 34, par. 4-11001
30 ILCS 805/8.29 new

Amends the Counties Code. Increases the amount paid by the county to jurors for their services in attending courts. Authorizes the clerk of court to impose a juror fund fee of no more than $10 on each plaintiff and defendant in an action for the purpose of funding juror fees. Exempts parties to certain types of actions from the payment of the juror fund fee. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning jurors.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 4-11001 as follows:

(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)

Sec. 4-11001. Juror fees. Each county shall pay to grand and petit jurors for their services in attending courts the sum of $25 $4 for each day of necessary attendance at such courts as jurors in counties of the first class, the sum of $30 $5 for each day in counties of the second class, and the sum of $40 $10 for each day in counties of the third class, or such higher amount as may be fixed by the county board.

In addition, jurors shall receive such travel expense as may be determined by the county board, provided that jurors in counties of the first class and second class shall receive at least 10 cents per mile for their travel expense. Mileage shall be allowed for travel during a juror's term as well as for travel at the opening and closing of his term.

If a judge so orders, a juror shall also receive reimbursement for the actual cost of day care incurred by the juror during his or her service on a jury.

The juror fees for service, transportation, and day care shall be paid out of the county treasury.

For the purpose of funding juror fees, the clerk of court may collect a juror fund fee of no more than $10 from each plaintiff and defendant in an action. The clerk shall deposit all of the juror fund fees collected into a special county fund, the County Juror Fund, which shall be used solely for the purpose of funding juror fees in accordance with this Section. The following parties are exempt from payment of juror fund fees:

(i) governmental entities;

(ii) pro se litigants;

(iii) parties to small claims actions;

(iv) parties seeking veterans' benefits or compensation for a veteran or for a veteran's family member or designee;

(v) parties to recoupment actions for government-backed educational loans or mortgages;

(vi) parties to child custody or child support cases;

(vii) parties granted leave to commence and prosecute or to defend an action as a poor person without the payment of costs and expenses; and

(viii) parties to any other filings designated by Supreme Court rule that involve minimal use of court resources and that are not customarily afforded the opportunity for a trial by jury.

The clerk of the court shall furnish to each juror without fee whenever he is discharged a certificate of the number of days' attendance at court, and upon presentation thereof to the county treasurer, he shall pay to the juror the sum provided for his service.

(Source: P.A. 91-321, eff. 1-1-00.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.