HB5742 99TH GENERAL ASSEMBLY

LRB099 16437 AWJ 40770 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5742

Introduced , by Rep. Sheri L Jesiel

SYNOPSIS AS INTRODUCED:

55 ILCS 5/4-11001	from Ch. 34, par. 4-11001
55 ILCS 5/4-11003 new

Amends the Counties Code. From June 1, 2016 through November 30, 2016, restores juror fee provisions to the form in which they existed before Public Act 98-1132 became law. On and after December 1, 2016, modifies the fee each county shall provide (currently, pay) to grand and petit jurors to $20 for the first and second days (currently, $25) and $32 for each day thereafter (currently, $50). Provides that these fees may include an offset for travel, meal and other expenses otherwise incurred by jurors associated with jury service, except for day care, as determined by the county board. Provides that the county board may approve higher compensation for jurors. Further provides that a county board may enact an ordinance or resolution to collect a juror services fee not to exceed $15 which may be paid in civil actions. Effective June 1, 2016, except some provisions are effective December 1, 2016.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

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 and by adding Section 4-11003 as follows:

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

Sec. 4-11001. Juror fees. (a) This subsection (a) is operative from June 1, 2016 through November 30, 2016. Each county shall pay to grand and petit jurors for their services in attending courts the sum of $4 sums of $25 for the first day and thereafter $50 for each day of necessary attendance at such courts as jurors in counties of the first class, the sum of $5 for each day in counties of the second class, and the sum of $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.

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.

Any juror may elect to waive the fee paid for service, transportation, or day care, or any combination thereof.

(b) This subsection (b) is operative on and after December 1, 2016. Each county shall provide to grand and petit jurors for their services in attending courts the sums of $20 for the first and second day and thereafter $32 for each day of necessary attendance, which may include an offset for travel, meal and other expenses otherwise incurred by jurors associated with jury service, except for day care, as determined by the county board. The county board may fix and approve a higher amount to compensate jurors for their services, travel, meal and other expenses.

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, meals, day care, and other expenses incurred by jurors associated with jury service shall be funded out of the county treasury.

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

Any juror may elect to waive the fee paid for service, transportation, or day care, or any combination thereof.

(Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)

(55 ILCS 5/4-11003 new)

Sec. 4-11003. Juror services fee. In addition to the jury demand fees provided in the Clerks of Courts Act, a county board may enact by ordinance or resolution a juror services fee not to exceed $15 that is dedicated to defraying expenses incurred by the county in paying jurors for their services if the fee is justified by an acceptable cost study showing that the fee is necessary to defray the costs of paying jurors for their services. Such fee shall be paid in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The fee shall be paid by the party demanding a jury at the time of filing the jury demand.

All proceeds from this fee must be used to defray expenses incurred by the county in paying jurors for their services. The fees shall be collected in the manner in which all other court fees or costs are collected and shall be deposited into the county general fund for payment solely of costs incurred by the county in paying jurors for their services.

Section 99. Effective date. This Act takes effect on June 1, 2016, except the provisions adding Section 4-11003 to the Counties Code take effect on December 1, 2016.