SB2563 99TH GENERAL ASSEMBLY

LRB099 20072 HEP 44491 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2563

Introduced 2/16/2016, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:

705 ILCS 305/10.2	from Ch. 78, par. 10.2
705 ILCS 305/10.5 new
705 ILCS 310/10.6 new

Amends the Jury Act and the Jury Commission Act. Provides that any active, retired, or honorably discharged member of the United States Armed Forces, Illinois National Guard, or Illinois Naval Militia shall, upon request, be excused from jury service. Provides that upon request, the county board, jury administrator, or jury commissioners shall permanently exclude the prospective juror from all current and subsequent jury lists or general jury lists. Provides that the county board, jury administrator, or jury commissioners shall create and maintain a list of persons who are permanently excluded from any jury list or general jury list. Provides that the county board, jury administrator, or jury commissioners shall notify a person if he or she is permanently excluded from all current and subsequent jury lists or general jury lists. Makes a corresponding change.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Jury Act is amended by changing Section 10.2 and by adding Section 10.5 as follows:

(705 ILCS 305/10.2) (from Ch. 78, par. 10.2)

Sec. 10.2. Excusing prospective jurors; hardship.

(a) The county boards of the respective counties, the jury commissioners for those counties which have been appointed under the Jury Commission Act, or a jury administrator shall submit questionnaires to prospective jurors to inquire as to their qualifications for jury service and as to the hardship that jury service would pose to the prospective jurors. Upon prior approval by the chief judge of the judicial circuits in which a county board, jury administrator, or jury commissioners are situated, the county board, jury administrator, or jury commissioners shall excuse a prospective juror from jury service if the prospective juror shows that such service would impose an undue hardship on account of the nature of the prospective juror's occupation, business affairs, physical health, family situation, active duty in the Illinois National Guard or Illinois Naval Militia, or other personal affairs, and cause his or her name to be returned to the jury list or general jury list.

(b) When an undue hardship caused by a family situation is due to the prospective juror being the primary care giver of a person with a mental or physical disability, a person with a medically diagnosed behavior problem, or a child under age 12, then the county board, jury commissioners or jury administrator shall excuse such a prospective juror, if it finds that no reasonable alternative care is feasible which would not impose an undue hardship on the prospective juror or the person for whom the prospective juror is providing care, or both.

(Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)

(705 ILCS 305/10.5 new)

Sec. 10.5. Servicemembers. Any active, retired, or honorably discharged member of the United States Armed Forces, Illinois National Guard, or Illinois Naval Militia shall, upon request, be excused from jury service. Upon request, the county board, jury administrator, or jury commissioners shall permanently exclude the prospective juror from all current and subsequent jury lists or general jury lists. The county board, jury administrator, or jury commissioners shall create and maintain a list of persons who are permanently excluded from any jury list or general jury list under this Section. The county board, jury administrator, or jury commissioners shall notify a person if he or she is permanently excluded from all current and subsequent jury lists or general jury lists.

Section 10. The Jury Commission Act is amended by adding Section 10.6 as follows:

(705 ILCS 310/10.6 new)

Sec. 10.6. Servicemembers. Any active, retired, or honorably discharged member of the United States Armed Forces, Illinois National Guard, or Illinois Naval Militia shall, upon request, be excused from jury service. Upon request, the jury administrator or jury commissioners shall permanently exclude the prospective juror from all current and subsequent jury lists or general jury lists. The jury administrator or jury commissioners shall create and maintain a list of persons who are permanently excluded from any jury list or general jury list under this Section. The jury administrator or jury commissioners shall notify a person if he or she is permanently excluded from all current and subsequent jury lists or general jury lists.