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Rep. Thomas Bennett
Filed: 4/20/2015
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1 | | AMENDMENT TO HOUSE BILL 1601
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2 | | AMENDMENT NO. ______. Amend House Bill 1601 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Counties Code is amended by changing |
5 | | Section 4-11001 as follows:
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6 | | (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
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7 | | (Text of Section before amendment by P.A. 98-1132 )
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8 | | Sec. 4-11001. Juror fees. Each county
shall pay to grand |
9 | | and petit jurors for their services
in attending courts the sum |
10 | | of $4 for each day of necessary attendance at
such courts as |
11 | | jurors in counties of the first class, the sum of $5 for
each |
12 | | day in counties of the second class, and the sum of $10 for |
13 | | each
day in counties of the third class, or such higher amount |
14 | | as may be fixed by
the county board.
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15 | | In addition, jurors shall receive such travel expense as
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16 | | may be determined by the county board, provided that jurors in
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1 | | counties of the first class and second class shall receive at
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2 | | least 10 cents per mile for their travel expense.
Mileage shall |
3 | | be allowed for travel during a juror's term as well as for
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4 | | travel at the opening and closing of his term.
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5 | | If a judge so orders, a juror
shall also receive |
6 | | reimbursement for the actual cost of day care incurred by
the |
7 | | juror during his or her service on a jury.
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8 | | The juror fees for service, transportation, and day care |
9 | | shall be paid out
of the county treasury.
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10 | | The clerk of the court shall
furnish to each juror without |
11 | | fee whenever he is discharged a certificate
of the number of |
12 | | days' attendance at court, and upon presentation thereof
to the |
13 | | county treasurer, he shall pay to the juror the sum
provided |
14 | | for his service.
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15 | | Any juror may elect to waive the fee paid for service, |
16 | | transportation, or day care, or any combination thereof. |
17 | | (Source: P.A. 97-840, eff. 1-1-13.)
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18 | | (Text of Section after amendment by P.A. 98-1132 )
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19 | | Sec. 4-11001. Juror fees. Each county
shall pay to grand |
20 | | and petit jurors for their services
in attending courts the sum |
21 | | of $4 sums of $25 for the first day and thereafter $50 for each |
22 | | day of necessary attendance at
such courts as jurors in |
23 | | counties of the first class, the sum of $5 for
each day in |
24 | | counties of the second class, and the sum of $10 for each
day |
25 | | in counties of the third class , or such higher amount as may be |
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1 | | fixed by
the county board.
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2 | | In addition, jurors shall receive such travel expense as
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3 | | may be determined by the county board, provided that jurors in
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4 | | counties of the first class and second class shall receive at
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5 | | least 10 cents per mile for their travel expense.
Mileage shall |
6 | | be allowed for travel during a juror's term as well as for
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7 | | travel at the opening and closing of his or her term. |
8 | | If a judge so orders, a juror
shall also receive |
9 | | reimbursement for the actual cost of day care incurred by
the |
10 | | juror during his or her service on a jury.
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11 | | The juror fees for service , transportation, and day care |
12 | | shall be paid out
of the county treasury.
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13 | | The clerk of the court shall
furnish to each juror without |
14 | | fee whenever he is discharged a certificate
of the number of |
15 | | days' attendance at court, and upon presentation thereof
to the |
16 | | county treasurer, he shall pay to the juror the sum
provided |
17 | | for his service.
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18 | | Any juror may elect to waive the fee paid for service, |
19 | | transportation, or day care, or any combination thereof. |
20 | | (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
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21 | | Section 10. The Code of Civil Procedure is amended by |
22 | | changing Section 2-1105 as follows:
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23 | | (735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
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24 | | (Text of Section before amendment by P.A. 98-1132 )
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1 | | Sec. 2-1105. Jury demand. |
2 | | (a) A plaintiff desirous of a trial by jury must file
a |
3 | | demand therefor with the clerk at the time the action is |
4 | | commenced. A
defendant desirous of a trial by jury must file a |
5 | | demand therefor not
later than the filing of his or her answer. |
6 | | Otherwise, the party waives a
jury. If an action is filed |
7 | | seeking equitable relief and the court
thereafter determines |
8 | | that one or more of the parties is or are entitled
to a trial by |
9 | | jury, the plaintiff, within 3 days from the entry of such
order |
10 | | by the court, or the defendant, within 6 days from the entry of
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11 | | such order by the court, may file his or her demand for trial |
12 | | by jury with the
clerk of the court. If the plaintiff files a |
13 | | jury demand and thereafter
waives a jury, any defendant and, in |
14 | | the case of multiple defendants, if
the defendant who filed a |
15 | | jury demand thereafter waives a jury, any
other defendant shall |
16 | | be granted a jury trial upon demand therefor made
promptly |
17 | | after being advised of the waiver and upon payment of the
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18 | | proper fees, if any, to the clerk.
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19 | | (b) All jury cases where the claim for damages is $50,000 |
20 | | or less shall be tried by a jury of 6, unless either party |
21 | | demands a
jury of 12. If a fee in connection with a jury demand |
22 | | is required by
statute or rule of court, the fee for a jury of 6 |
23 | | shall be 1/2 the
fee for a jury of 12. A party demanding a jury |
24 | | of 12 after another party
has paid the applicable fee for a |
25 | | jury of 6 shall pay the remaining
1/2 of the fee applicable to |
26 | | a jury of 12.
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1 | | (Source: P.A. 94-206, eff. 1-1-06.)
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2 | | (Text of Section after amendment by P.A. 98-1132 )
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3 | | Sec. 2-1105. Jury demand. |
4 | | (a) A plaintiff desirous of a trial by jury must file
a |
5 | | demand therefor with the clerk at the time the action is |
6 | | commenced. A
defendant desirous of a trial by jury must file a |
7 | | demand therefor not
later than the filing of his or her answer. |
8 | | Otherwise, the party waives a
jury. If an action is filed |
9 | | seeking equitable relief and the court
thereafter determines |
10 | | that one or more of the parties is or are entitled
to a trial by |
11 | | jury, the plaintiff, within 3 days from the entry of such
order |
12 | | by the court, or the defendant, within 6 days from the entry of
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13 | | such order by the court, may file his or her demand for trial |
14 | | by jury with the
clerk of the court. If the plaintiff files a |
15 | | jury demand and thereafter
waives a jury, any defendant and, in |
16 | | the case of multiple defendants, if
the defendant who filed a |
17 | | jury demand thereafter waives a jury, any
other defendant shall |
18 | | be granted a jury trial upon demand therefor made
promptly |
19 | | after being advised of the waiver and upon payment of the
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20 | | proper fees, if any, to the clerk.
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21 | | (b) All jury cases where the claim for damages is $50,000 |
22 | | or less shall be tried by a jury of 6 , unless either party |
23 | | demands a
jury of 12. If a fee in connection with a jury demand |
24 | | is required by
statute or rule of court, the fee for a jury of 6 |
25 | | shall be 1/2 the
fee for a jury of 12. A party demanding a jury |
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1 | | of 12 after another party
has paid the applicable fee for a |
2 | | jury of 6 shall pay the remaining
1/2 of the fee applicable to |
3 | | a jury of 12 . If alternate jurors are requested, an additional |
4 | | fee established by the county shall be charged for each |
5 | | alternate juror requested. For all cases filed prior to the |
6 | | effective date of this amendatory Act of the 98th General |
7 | | Assembly, if a party has paid for a jury of 12, that party may |
8 | | demand a jury of 12 upon proof of payment.
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9 | | (Source: P.A. 98-1132, eff. 6-1-15.)
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10 | | Section 95. No acceleration or delay. Where this Act makes |
11 | | changes in a statute that is represented in this Act by text |
12 | | that is not yet or no longer in effect (for example, a Section |
13 | | represented by multiple versions), the use of that text does |
14 | | not accelerate or delay the taking effect of (i) the changes |
15 | | made by this Act or (ii) provisions derived from any other |
16 | | Public Act.
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17 | | Section 99. Effective date. This Act takes effect June 1, |
18 | | 2015.".
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