Rep. Curtis J. Tarver, II
Filed: 5/27/2021
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1 | AMENDMENT TO SENATE BILL 642
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2 | AMENDMENT NO. ______. Amend Senate Bill 642 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Judicial Districts Act of 2021. | ||||||
6 | Section 5. Legislative intent. The intent of this Act is | ||||||
7 | to redraw the Judicial Districts to meet the requirements of | ||||||
8 | the Illinois Constitution of 1970 by providing that outside of | ||||||
9 | the First District the State "shall be divided by law into four | ||||||
10 | Judicial Districts of substantially equal population, each of | ||||||
11 | which shall be compact and composed of contiguous counties." | ||||||
12 | Section 2 of Article VI of the Illinois Constitution of | ||||||
13 | 1970 divides the State into five Judicial Districts for the | ||||||
14 | selection of Supreme and Appellate Court Judges, with Cook | ||||||
15 | County comprising the First District and the remainder of the | ||||||
16 | State "divided by law into four Judicial Districts of |
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1 | substantially equal population, each of which shall be compact | ||||||
2 | and composed of contiguous counties." Further, Section 7 of | ||||||
3 | Article VI provides that a Judicial Circuit must be located | ||||||
4 | within one Judicial District, and also provides the First | ||||||
5 | Judicial District is comprised of a judicial circuit and the | ||||||
6 | remainder provided by law, subject to the requirement that | ||||||
7 | Circuits composed of more than one county shall be compact and | ||||||
8 | of contiguous counties.
The current Judicial District map was | ||||||
9 | enacted in 1963. | ||||||
10 | The current Judicial Districts do not meet the | ||||||
11 | Constitution's requirement that four Districts other than the | ||||||
12 | First District be of "substantially equal population." Using | ||||||
13 | the American Community Survey data available at the time this | ||||||
14 | Act is enacted, the population of the current First District | ||||||
15 | is 5,198,212; Second District is 3,204,960; the Third District | ||||||
16 | is 1,782,863; the Fourth District is 1,299,747; and the Fifth | ||||||
17 | District is 1,284,757. | ||||||
18 | Under this redistricting plan, the population, according | ||||||
19 | to the American Community Survey, of the Second District will | ||||||
20 | be 1,770,983; the Third District will be 1,950,349; the Fourth | ||||||
21 | District will be 2,011,316; and the Fifth District will be | ||||||
22 | 1,839,679. A similar substantially equitable result occurs | ||||||
23 | using the 2010 U.S. Census data, the most recent decennial | ||||||
24 | census data available at the time of this Act, with the | ||||||
25 | population of the Second District being approximately | ||||||
26 | 1,747,387; the Third District being 1,936,616; the Fourth |
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1 | District being 2,069,660; and the Fifth District being | ||||||
2 | 1,882,294. Because of the constitutional requirement that a | ||||||
3 | District be composed of whole counties, and given that actual | ||||||
4 | population changes on a day-to-day basis, the populations are | ||||||
5 | not and could never be exact, but the population of each of the | ||||||
6 | four Districts created by this Act is substantially equal. | ||||||
7 | In addition to ensuring the population of the four | ||||||
8 | Districts are substantially equal, this Act complies with | ||||||
9 | Section 7 of Article VI of the Illinois Constitution of 1970, | ||||||
10 | which provides that the First Judicial District shall be | ||||||
11 | comprised of a Judicial Circuit, and the remaining Judicial | ||||||
12 | Circuits shall be provided by law, and Circuits comprised of | ||||||
13 | more than one county shall be compact and of contiguous | ||||||
14 | counties. To comply with Section 7 of Article VI and minimize | ||||||
15 | disruption to the administration of the Judicial Branch, this | ||||||
16 | Act avoids changing the compositions and boundaries of the | ||||||
17 | Judicial Circuits, while simultaneously creating substantially | ||||||
18 | equally populated, compact, and contiguous Judicial Districts. | ||||||
19 | To further avoid any interruption to the administration of | ||||||
20 | the Judicial Branch, this Act does not require that the | ||||||
21 | Supreme Court change where the Appellate Courts currently | ||||||
22 | reside. By Supreme Court Rule, the Second District Appellate | ||||||
23 | Court currently sits in Elgin; the Third District Appellate | ||||||
24 | Court currently sits in Ottawa; the Fourth District Appellate | ||||||
25 | Court currently sits in Springfield; and the Fifth District | ||||||
26 | Appellate Court currently sits in Mt. Vernon. Under this Act, |
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1 | the Supreme Court is not required to change where the | ||||||
2 | Appellate Courts sit as those cities remain in the Second, | ||||||
3 | Third, Fourth, and Fifth District respectively. | ||||||
4 | To ensure continuity of service and compliance with the | ||||||
5 | Illinois Constitution of 1970, nothing in this Act is intended | ||||||
6 | to affect the tenure of any Appellate or Supreme Court Judge | ||||||
7 | elected or appointed prior to the effective date of this Act. | ||||||
8 | In accordance with the Constitution, no change in the | ||||||
9 | boundaries shall affect an incumbent judge's qualification for | ||||||
10 | office or right to run for retention. Incumbent judges have | ||||||
11 | the right to run for retention in the counties comprising the | ||||||
12 | District that elected the judge, or in the counties comprising | ||||||
13 | the new District where the judge resides, as the judge may | ||||||
14 | elect. As provided by the Constitution, upon a vacancy in an | ||||||
15 | elected Supreme or Appellate Court office, the Supreme Court | ||||||
16 | may fill the vacancy until the vacancy is filled in the next | ||||||
17 | general election in the counties comprising the District | ||||||
18 | created by this Act. | ||||||
19 | Further, nothing in this Act is intended to alter or | ||||||
20 | impair the ability of the Supreme Court to fulfill its | ||||||
21 | obligations to ensure the proper administration of the | ||||||
22 | Judicial Branch. For example, it remains within the purview of | ||||||
23 | the Supreme Court to assign or reassign any judge to any court | ||||||
24 | or determine assignment of additional judges to the Appellate | ||||||
25 | Court. Section 1 of the Appellate Act provides that the | ||||||
26 | "Supreme Court may assign additional judges to service in the |
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1 | Appellate Court from time to time as the business of the | ||||||
2 | Appellate Court requires." Currently the Supreme Court has | ||||||
3 | three judges on assignment to the Second District Appellate | ||||||
4 | Court, whereas one judge is on assignment to the Third, | ||||||
5 | Fourth, and Fifth Districts. Nothing in this Act seeks to | ||||||
6 | alter any judicial assignments. | ||||||
7 | Finally, it is the intent of the General Assembly that any | ||||||
8 | appealable order, as defined by Supreme Court Rules, entered | ||||||
9 | prior to the effective date of this Act shall be subject to | ||||||
10 | judicial review by the Judicial District in effect on the date | ||||||
11 | the order was entered; however, the administrative and | ||||||
12 | supervisory authority of the courts remains within the purview | ||||||
13 | of the Supreme Court. | ||||||
14 | Section 10. The First Judicial District consists of the | ||||||
15 | County of Cook. | ||||||
16 | Section 15. Beginning on the effective date of this Act, | ||||||
17 | the Second Judicial District consists of the counties of | ||||||
18 | DeKalb, Kendall, Kane, Lake, and McHenry. | ||||||
19 | Section 20. Beginning on the effective date of this Act, | ||||||
20 | the Third Judicial District consists of the counties of | ||||||
21 | Bureau, LaSalle, Grundy, Iroquois, Kankakee, DuPage and Will. | ||||||
22 | Section 25. Beginning on the effective date of this Act, |
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1 | the Fourth Judicial District consists of the counties of Jo | ||||||
2 | Daviess, Stephenson, Carroll, Ogle, Lee, Winnebago, Boone, | ||||||
3 | Mercer, Rock Island, Whiteside, Henry, Stark, Putnam, | ||||||
4 | Marshall, Peoria, Tazewell, Adams, Pike, Calhoun, Schuyler, | ||||||
5 | Brown, Cass, Mason, Menard, Morgan, Scott, Greene, Jersey, | ||||||
6 | Macoupin, Sangamon, Logan, McLean, Woodford, Livingston, Ford, | ||||||
7 | Henderson, Warren, Knox, Fulton, McDonough and Hancock. | ||||||
8 | Section 30. Beginning on the effective date of this Act, | ||||||
9 | the Fifth Judicial District consists of the counties of | ||||||
10 | DeWitt, Macon, Piatt, Moultrie, Champaign, Douglas, Vermilion, | ||||||
11 | Edgar, Coles, Cumberland, Clark, Christian, Shelby, | ||||||
12 | Montgomery, Fayette, Effingham, Jasper, Clay, Marion, Clinton, | ||||||
13 | Bond, Madison, St. Clair, Washington, Monroe, Randolph, Perry, | ||||||
14 | Crawford, Richland, Lawrence, Wabash, Edwards, Wayne, | ||||||
15 | Jefferson, Franklin, Hamilton, White, Gallatin, Hardin, | ||||||
16 | Saline, Williamson, Jackson, Union, Johnson, Pope, Alexander, | ||||||
17 | Pulaski, and Massac. | ||||||
18 | Section 35. Current Members of the Judiciary. Nothing in | ||||||
19 | this Act shall affect the tenure of any Appellate or Supreme | ||||||
20 | Court Judge serving on the effective date of this Act. No | ||||||
21 | Appellate or Supreme Court Judge serving on the effective date | ||||||
22 | of this Act shall be required to change his or her residency in | ||||||
23 | order to continue serving in office or to seek retention or | ||||||
24 | reappointment in office. Any Appellate or Supreme Court Judge |
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1 | elected to that office prior to the effective date of this Act | ||||||
2 | who files to run for retention after the effective date of this | ||||||
3 | Act shall have the right to seek retention in the district the | ||||||
4 | Judge was elected from or seek retention in the district | ||||||
5 | created by this Act. The Secretary of State, not less than 63 | ||||||
6 | days before the election, shall certify the Judge's candidacy | ||||||
7 | to the proper election officials. | ||||||
8 | Section 40. Severability. To the extent that any provision | ||||||
9 | of this Act is found to be unconstitutional, that provision | ||||||
10 | alone shall be deemed of no force and effect and all other | ||||||
11 | provisions of this Act shall remain in full force and effect. | ||||||
12 | Section 45. The Judicial Districts Act is amended by | ||||||
13 | changing Sections 2, 3, 4, and 5 as follows:
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14 | (705 ILCS 20/2) (from Ch. 37, par. 1.2)
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15 | (This Act was repealed by P.A. 89-719, which has been held | ||||||
16 | unconstitutional)
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17 | Sec. 2.
Prior to the effective date of this amendatory Act | ||||||
18 | of the 102nd General Assembly, the The Second Judicial | ||||||
19 | District consists of the counties of Jo
Daviess, Stephenson, | ||||||
20 | Carroll, Ogle, Lee, Winnebago, Boone, McHenry, Lake,
DeKalb, | ||||||
21 | Kane, Kendall and DuPage.
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22 | (Source: Laws 1963, p. 929.)
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1 | (705 ILCS 20/3) (from Ch. 37, par. 1.3)
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2 | (This Act was repealed by P.A. 89-719, which has been held | ||||||
3 | unconstitutional)
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4 | Sec. 3.
Prior to the effective date of this amendatory Act | ||||||
5 | of the 102nd General Assembly, the The Third Judicial District | ||||||
6 | consists of the counties of Mercer,
Rock Island, Whiteside, | ||||||
7 | Henry, Bureau, LaSalle, Grundy, Stark, Putnam,
Marshall, | ||||||
8 | Peoria, Tazewell, Will, Kankakee, Iroquois, Henderson, Warren,
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9 | Knox, Fulton, McDonough and Hancock.
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10 | (Source: Laws 1963, p. 929.)
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11 | (705 ILCS 20/4) (from Ch. 37, par. 1.4)
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12 | (This Act was repealed by P.A. 89-719, which has been held | ||||||
13 | unconstitutional)
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14 | Sec. 4.
Prior to the effective date of this amendatory Act | ||||||
15 | of the 102nd General Assembly, the The Fourth Judicial | ||||||
16 | District consists of the counties of Adams,
Pike, Calhoun, | ||||||
17 | Schuyler, Brown, Cass, Mason, Menard, Morgan, Scott, Greene,
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18 | Jersey, Macoupin, Sangamon, Logan, McLean, Woodford, | ||||||
19 | Livingston, Ford,
DeWitt, Macon, Piatt, Moultrie, Champaign, | ||||||
20 | Douglas, Vermilion, Edgar,
Coles, Cumberland and Clark.
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21 | (Source: Laws 1963, p. 929.)
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22 | (705 ILCS 20/5) (from Ch. 37, par. 1.5)
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23 | (This Act was repealed by P.A. 89-719, which has been held | ||||||
24 | unconstitutional)
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1 | Sec. 5.
Prior to the effective date of this amendatory Act | ||||||
2 | of the 102nd General Assembly, the The Fifth Judicial District | ||||||
3 | consists of all the counties south of
the Fourth Judicial | ||||||
4 | District.
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5 | (Source: Laws 1963, p. 929.)
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6 | (705 ILCS 21/Act rep.) | ||||||
7 | Section 50. The Judicial Redistricting Act of 1997 (which | ||||||
8 | has been held unconstitutional) is repealed.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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