Illinois General Assembly - Full Text of HB0339
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Full Text of HB0339  94th General Assembly



HB0339 Engrossed LRB094 06829 WGH 36964 b

1     AN ACT concerning jurors.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Counties Code is amended by changing Section
5 4-11001 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
8 and petit jurors for their services in attending courts the sum
9 of $4 until a juror fund fee is imposed and $25 thereafter for
10 each day of necessary attendance at such courts as jurors in
11 counties of the first class, the sum of $5 until a juror fund
12 fee is imposed and $30 thereafter for each day in counties of
13 the second class, and the sum of $10 until a juror fund fee is
14 imposed and $40 thereafter for each day in counties of the
15 third class, or such higher amount as may be fixed by the
16 county board.
17     In addition, jurors shall receive such travel expense as
18 may be determined by the county board, provided that jurors in
19 counties of the first class and second class shall receive at
20 least 10 cents per mile for their travel expense. Mileage shall
21 be allowed for travel during a juror's term as well as for
22 travel at the opening and closing of his term.
23     If a judge so orders, a juror shall also receive
24 reimbursement for the actual cost of day care incurred by the
25 juror during his or her service on a jury.
26     The juror fees for service, transportation, and day care
27 shall be paid out of the county treasury until a juror fund fee
28 is imposed and out of the County Juror Fund thereafter.
29     For the purposes of funding juror fees, the clerk of court
30 shall collect a juror fund fee, as fixed by the county board,
31 from each plaintiff and defendant in an action. Within 180 days
32 after the effective date of this amendatory Act of the 94th



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1 General Assembly, the county board must conduct an acceptable
2 cost study and set and impose an initial juror fund fee
3 justified by that cost study as sufficient to pay the increased
4 amount of the juror fees as provided in this amendatory Act of
5 the 94th General Assembly. The county board may thereafter
6 adjust the amount of the juror fund fee, but any increase must
7 be justified by an acceptable cost study showing that the then
8 current fee is not sufficient to cover the costs of juror fees.
9     The clerk shall deposit all of the juror fund fees
10 collected into a special county fund, the County Juror Fund,
11 which shall be used solely for the purpose of funding juror
12 fees in accordance with this Section. Within 10 business days
13 after the juror fund fee is initially imposed, and each month
14 thereafter, the county treasurer must transfer one-twelfth of
15 the base amount from the county treasury into the Fund. The
16 "base amount" is the total amount of all juror fees paid from
17 the county treasury during the 12-month period immediately
18 preceding the month in which the juror fund fee is initially
19 imposed. All moneys in the Fund and all income earned on those
20 moneys shall remain in the Fund and shall be available for
21 appropriation by the county board from fiscal year to fiscal
22 year for the purposes provided in this Section.
23     The following parties are exempt from payment of juror fund
24 fees:
25         (i) governmental entities;
26         (ii) pro se litigants;
27         (iii) parties to small claims actions;
28         (iv) parties seeking veterans' benefits or
29     compensation for a veteran or for a veteran's family member
30     or designee;
31         (v) parties to recoupment actions for
32     government-backed educational loans or mortgages;
33         (vi) parties to child custody or child support cases;
34         (vii) parties to actions under the Illinois Domestic
35     Violence Act of 1986;
36         (viii) parties granted leave to commence and prosecute



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1     or to defend an action as a poor person without the payment
2     of costs and expenses; and
3         (ix) parties to any other filings designated by Supreme
4     Court rule that involve minimal use of court resources and
5     that are not customarily afforded the opportunity for a
6     trial by jury.
7     In a class action, the court shall determine the amount of
8 the fee, if any, to be charged to each plaintiff and defendant
9 as equity requires.
10     The clerk of the court shall furnish to each juror without
11 fee whenever the juror he is discharged a certificate of the
12 number of days' attendance at court, and upon presentation
13 thereof to the county treasurer, the county treasurer he shall
14 pay to the juror the sum provided for the juror's his service.
15     All counties, including home rule units, must comply with
16 the requirements of this Section. Juror fees may not be set,
17 administered, or paid in a manner inconsistent with this
18 Section. This Section is a limitation under subsection (i) of
19 Section 6 of Article VII of the Illinois Constitution on the
20 concurrent exercise by home rule units of powers and functions
21 exercised by the State.
22 (Source: P.A. 91-321, eff. 1-1-00.)
23     Section 90. The State Mandates Act is amended by adding
24 Section 8.29 as follows:
25     (30 ILCS 805/8.29 new)
26     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
27 of this Act, no reimbursement by the State is required for the
28 implementation of any mandate created by this amendatory Act of
29 the 94th General Assembly.
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.