HB0727ham001 102ND GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 3/24/2021

10200HB0727ham001 LRB102 15972 LNS 23978 a

AMENDMENT TO HOUSE BILL 727

AMENDMENT NO. ______. Amend House Bill 727 by replacing everything after the enacting clause with the following:

"Section 5. The Circuit Courts Act is amended by changing Section 2f-2 as follows:

(705 ILCS 35/2f-2)

Sec. 2f-2. 19th judicial circuit; subcircuits; additional judges.

(a) Until the date the boundaries of the subcircuits are redrawn under subsection (a-3), the The 19th circuit shall be divided into 6 subcircuits. The subcircuits shall be compact, contiguous, and substantially equal in population. The General Assembly by law shall create the subcircuits, using population data as determined by the 2000 federal census, and shall determine a numerical order for the 6 subcircuits. That numerical order shall be the basis for the order in which resident judgeships are assigned to the subcircuits. The 6 resident judgeships to be assigned that are not added by or converted from at-large at large judgeships as provided in this amendatory Act of the 96th General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that order. The 6 resident judgeships to be assigned that are added by or converted from at-large at large judgeships as provided in this amendatory Act of the 96th General Assembly shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that order. Once a resident judgeship is assigned to a subcircuit, it shall continue to be assigned to that subcircuit for all purposes.

(a-3) In 2021, the General Assembly shall redraw the boundaries of the subcircuits to reflect the results of the 2020 federal decennial census and divide the 19th circuit into at least 10 subcircuits. The General Assembly shall redraw the subcircuit boundaries after every federal decennial census. The subcircuits shall be compact, contiguous, and substantially equal in population. Upon the division of subcircuits pursuant to this Section: (i) each resident judgeship shall be assigned to the newly drawn subcircuit in which the judge of the resident judgeship in question resides; and (ii) each at-large judgeship shall be converted to a resident judgeship and assigned to the subcircuit in which the judge of the converted judgeship in question resides. Once a resident judgeship is assigned to a subcircuit or an at-large judgeship is converted to a resident judgeship and assigned to a subcircuit, it shall be assigned to that subcircuit for all purposes. In accordance with subsection (a), a resident judgeship assigned to a subcircuit shall continue to be assigned to that subcircuit. Any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits shall be filled by a resident of the redrawn subcircuit. When a vacancy occurs in a resident judgeship, the resident judgeship shall be allotted by the Supreme Court under subsection (c) and filled by election. Notwithstanding the preceding 2 sentences, the resident judgeship shall not be allotted by the Supreme Court and filled by election if, after the vacancy arises, there are still 2 or more nonvacant resident judgeships in the subcircuit of the vacant resident judgeship in question.

(a-5) Of the at-large at large judgeships of the 19th judicial circuit, the first 3 that are or become vacant on or after the effective date of this amendatory Act of the 96th General Assembly shall become resident judgeships of the 19th judicial circuit to be allotted by the Supreme Court under subsection (c) and filled by election, except that the Supreme Court may fill those judgeships by appointment for any remainder of a vacated term until the resident judgeships are filled initially by election. As used in this subsection, a vacancy does not include the expiration of a term of an at-large at large judge who seeks retention in that office at the next term.

(a-10) The 19th judicial circuit shall have 3 additional resident judgeships to be allotted by the Supreme Court under subsection (c). One of the additional resident judgeships shall be filled by election beginning at the 2010 general election. Two of the additional resident judgeships shall be filled by election beginning at the 2012 general election.

(a-15) The 19th judicial circuit shall have additional resident judgeships as provided by subsection (a-3) to be allotted by the Supreme Court under subsection (c). The resident judgeships shall be allotted by the Supreme Court in numerical order as provided by the General Assembly upon the redrawing of boundaries and the division of subcircuits pursuant to subsection (a-3). Two additional resident judgeships allotted by the Supreme Court pursuant to this subsection, in numerical order as provided by the General Assembly, shall be filled by election beginning at the 2022 general election. The remainder of the additional resident judgeships shall be filled by election at the 2024 election.

(a-20) In addition to the 2 judgeships filled by election at the 2022 election as provided by subsection (a-15), any judgeship that became vacant after January 1, 2020 and on the effective date of this amendatory Act of the 102nd General Assembly is held by an individual appointed by the Supreme Court also shall be filled by election at the 2022 general election. This subsection is subject to the requirement of subsection (a-3) that no judgeship shall be allotted by the Supreme Court and filled by election if, after the vacancy arises, there are still 2 or more nonvacant resident judgeships in the subcircuit of the vacant resident judgeship in question.

(b) The 19th circuit shall have a total of 12 resident judgeships (6 resident judgeships existing on the effective date of this amendatory Act of the 96th General Assembly, 3 formerly at-large at large judgeships as provided in subsection (a-5), and 3 resident judgeships added by subsection (a-10)). The number of resident judgeships allotted to subcircuits of the 19th judicial circuit pursuant to this Section shall constitute all the resident judgeships of the 19th judicial circuit.

(c) The Supreme Court shall allot (i) all vacancies in resident judgeships of the 19th circuit existing on or occurring on or after the effective date of this amendatory Act of the 93rd General Assembly and not filled at the 2004 general election, (ii) the resident judgeships of the 19th circuit filled at the 2004 general election as those judgeships thereafter become vacant, (iii) the 3 formerly at-large at large judgeships described in subsection (a-5) as they become available, and (iv) the 3 resident judgeships added by subsection (a-10), and (v) the additional resident judgeships provided for by subsection (a-3), for election from the various subcircuits until there are 2 resident judges to be elected from each subcircuit. No resident judge of the 19th circuit serving on the effective date of this amendatory Act of the 93rd General Assembly shall be required to change his or her residency in order to continue serving in office or to seek retention in office as resident judgeships are allotted by the Supreme Court in accordance with this Section.

(d) A resident judge elected from a subcircuit shall continue to reside in that subcircuit as long as he or she holds that office. A resident judge elected from a subcircuit after January 1, 2008, must retain residency as a registered voter in the subcircuit to run for retention from the circuit at-large at large thereafter.

(e) Vacancies in resident judgeships of the 19th circuit shall be filled in the manner provided in Article VI of the Illinois Constitution.

(Source: P.A. 101-477, eff. 6-1-20.)

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