99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4557

 

Introduced 1/27/2016, by Rep. Thomas Bennett

 

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 reverse the changes made by Public Act 98-1132 to provisions governing jury size and compensation. Effective immediately.


LRB099 16433 HEP 40766 b

 

 

A BILL FOR

 

HB4557LRB099 16433 HEP 40766 b

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 5. The Counties Code is amended by changing Section
54-11001 as follows:
 
6    (55 ILCS 5/4-11001)  (from Ch. 34, par. 4-11001)
7    Sec. 4-11001. Juror fees. Each county shall pay to grand
8and petit jurors for their services in attending courts the sum
9of $4 sums of $25 for the first day and thereafter $50 for each
10day of necessary attendance at such courts as jurors in
11counties of the first class, the sum of $5 for each day in
12counties of the second class, and the sum of $10 for each day
13in counties of the third class, or such higher amount as may be
14fixed by the county board.
15    In addition, jurors shall receive such travel expense as
16may be determined by the county board, provided that jurors in
17counties of the first class and second class shall receive at
18least 10 cents per mile for their travel expense. Mileage shall
19be allowed for travel during a juror's term as well as for
20travel at the opening and closing of his or her term.
21    If a judge so orders, a juror shall also receive
22reimbursement for the actual cost of day care incurred by the
23juror during his or her service on a jury.

 

 

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1    The juror fees for service, transportation, and day care
2shall be paid out of the county treasury.
3    The clerk of the court shall furnish to each juror without
4fee whenever he is discharged a certificate of the number of
5days' attendance at court, and upon presentation thereof to the
6county treasurer, he shall pay to the juror the sum provided
7for his service.
8    Any juror may elect to waive the fee paid for service,
9transportation, or day care, or any combination thereof.
10(Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
 
11    Section 10. The Code of Civil Procedure is amended by
12changing Section 2-1105 as follows:
 
13    (735 ILCS 5/2-1105)  (from Ch. 110, par. 2-1105)
14    Sec. 2-1105. Jury demand.
15    (a) A plaintiff desirous of a trial by jury must file a
16demand therefor with the clerk at the time the action is
17commenced. A defendant desirous of a trial by jury must file a
18demand therefor not later than the filing of his or her answer.
19Otherwise, the party waives a jury. If an action is filed
20seeking equitable relief and the court thereafter determines
21that one or more of the parties is or are entitled to a trial by
22jury, the plaintiff, within 3 days from the entry of such order
23by the court, or the defendant, within 6 days from the entry of
24such order by the court, may file his or her demand for trial

 

 

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1by jury with the clerk of the court. If the plaintiff files a
2jury demand and thereafter waives a jury, any defendant and, in
3the case of multiple defendants, if the defendant who filed a
4jury demand thereafter waives a jury, any other defendant shall
5be granted a jury trial upon demand therefor made promptly
6after being advised of the waiver and upon payment of the
7proper fees, if any, to the clerk.
8    (b) All jury cases where the claim for damages is $50,000
9or less shall be tried by a jury of 6, unless either party
10demands a jury of 12. If a fee in connection with a jury demand
11is required by statute or rule of court, the fee for a jury of 6
12shall be 1/2 the fee for a jury of 12. A party demanding a jury
13of 12 after another party has paid the applicable fee for a
14jury of 6 shall pay the remaining 1/2 of the fee applicable to
15a jury of 12. If alternate jurors are requested, an additional
16fee established by the county shall be charged for each
17alternate juror requested. For all cases filed prior to the
18effective date of this amendatory Act of the 98th General
19Assembly, if a party has paid for a jury of 12, that party may
20demand a jury of 12 upon proof of payment.
21(Source: P.A. 98-1132, eff. 6-1-15.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.