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Full Text of SB1707  97th General Assembly

SB1707 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1707

 

Introduced 2/9/2011, by Sen. Dale A. Righter

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 305/9  from Ch. 78, par. 9
705 ILCS 305/9.1  from Ch. 78, par. 9.1
705 ILCS 305/16  from Ch. 78, par. 16
705 ILCS 305/17  from Ch. 78, par. 17
705 ILCS 305/19  from Ch. 78, par. 19
725 ILCS 5/112-2  from Ch. 38, par. 112-2

    Amends the Jury Act and the Code of Criminal Procedure of 1963. Provides that a grand jury shall have 7 (instead of 16) members, with a quorum of 5 (instead of 9) members, and supplemental panels shall have 4 (instead of 12) members. Effective immediately.


LRB097 09284 AJO 49419 b

 

 

A BILL FOR

 

SB1707LRB097 09284 AJO 49419 b

1    AN ACT concerning grand juries.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Jury Act is amended by changing Sections 9,
59.1, 16, 17, and 19 as follows:
 
6    (705 ILCS 305/9)  (from Ch. 78, par. 9)
7    Sec. 9. In other than single county circuits, if a grand
8jury is required by law or by the order of the judge for any
9court, the county board in each of the counties in this State
10wherein such court is directed to be held, at least 20 days
11before the time of appearance specified in the summons
12hereinafter mentioned shall select 7 16 persons possessing the
13qualifications provided in Section 2 of this Act, by lot from
14the jury list, to serve as grand jurors; the panel of the 7 16
15persons so selected to be known as the regular panel; and shall
16at the same time, in like manner, select 4 12 additional
17persons possessing such qualifications, the panel of the 4 12
18additional persons so selected to be known as the supplemental
19panel; and cause their clerk within 5 days thereafter to
20certify the 2 panels properly identified as the regular panel
21and supplemental panel, respectively, to the clerk of the court
22for which they are selected, who shall issue a summons to each
23of the 7 16 persons so selected for the regular panel, at least

 

 

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110 days before the time hereinafter mentioned, commanding him
2to appear before such court at or before 11:00 a. m. upon the
3date of appearance of the grand jurors established pursuant to
4Section 112-3 of the "Code of Criminal Procedure of 1963",
5approved August 14, 1963, as now and hereafter amended, to
6constitute a grand jury. The clerk of the court issuing such
7summons shall follow the procedure he selects or is directed by
8the court to select from among those permitted by this Section.
9    The issuing clerk may use first class mail as the initial
10form of summons, incorporating any reasonable form of request
11for acknowledgement which is deemed practical and which would
12provide a reliable proof of service. One permissible method is
13the use of a duplex card properly addressed to the person
14summoned to be a juror and requesting the person so summoned to
15detach and return to the issuing clerk the part of the duplex
16card which is attached for his acknowledgement with his
17signature thereon. As used in this Section, a "duplex card"
18means any postcard with 2 mailable parts with a summons on one
19part and a detachable acknowledgement of receipt of such
20summons on the other part.
21    The issuing clerk may use certified mail as the initial
22means of service or as a secondary means of service in case the
23acknowledgement requested in a summons delivered by first class
24mail is not returned in the time period required. The certified
25mail may or may not be marked for delivery to the addressee
26only. The certificate of the issuing clerk that he has sent the

 

 

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1summons in pursuance of this Section is evidence that he has
2done so. If the person summoned to be a juror does not return
3the acknowledgement of the summons in the time period
4requested, such prospective juror shall not be deemed guilty of
5contempt of court.
6    If service of summons cannot be made by the type of mail
7service selected, the clerk of the court issuing such summons
8shall, as soon as such fact is determined, re-issue such
9summons and deliver it to the sheriff of the county wherein the
10court is to be held, at least 10 days before the time of
11appearance hereinafter mentioned a summons commanding him to
12summon the person named therein so selected for the regular
13panel to appear before such court at or before the hour of
1411:00 a. m. upon the date of appearance of the grand jurors
15established pursuant to Section 112-3 of the "Code of Criminal
16Procedure of 1963", approved August 14, 1963, as now and
17hereafter amended, to constitute a grand jury or at such time
18and date as the court may order for such re-issued summons. The
19sheriff shall serve such summons in the manner provided in
20Section 11 of this Act, for service of summons by the sheriff
21on petit jurors, and for any refusal or neglect so to do, shall
22be deemed guilty of contempt of court and may be fined therefor
23as provided in Section 11 of this Act, for default in summoning
24petit jurors. If for any reason the panel is not full at the
25opening of such court, the judge shall direct the sheriff to
26summon, at random, such number of persons named in the

 

 

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1supplemental panel as the judge may determine to make available
2to fill the panel of grand jurors, and if the supplemental
3panel be exhausted without filling the grand jury panel, the
4judge shall select by lot from the jury list and direct the
5sheriff to summon a sufficient number of persons having the
6qualifications of jurors, as provided by this Act, to fill the
7panel; however, the court or judge may direct the clerk, at any
8time prior to the issuance of the summons for the regular
9panel, to include in the summons any specified number of the
10names listed on the supplemental panel, in the order in which
11they appear, starting with the first and counting
12consecutively, so that the persons so designated may be
13available in court for the filling of the grand jury panel, in
14which case the clerk shall also summon such supplemental
15panelist as is provided in this Section for service on regular
16panel selections. In counties having jury commissioners, the
17names of the persons to constitute the regular and supplemental
18panels shall be drawn in the manner provided for the drawing of
19names of persons to serve as petit jurors in such counties; the
207 16 names to provide the regular panel shall be first drawn,
21and thereupon 4 12 names for the supplemental panel shall be
22drawn and listed on that panel in the order in which they are
23drawn.
24(Source: P.A. 85-690.)
 
25    (705 ILCS 305/9.1)  (from Ch. 78, par. 9.1)

 

 

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1    Sec. 9.1. In single county circuits, if a grand jury is
2required by law or by the order of the judge for any court, the
3county board in each of the counties in this State wherein such
4court is directed to be held, at least 20 days before the time
5of appearance specified in the summons hereinafter mentioned
6shall select 7 16 persons possessing the qualifications
7provided in Section 2 of this Act, by lot from the jury list,
8to serve as grand jurors; the panel of the 7 16 persons so
9selected to be known as the regular panel; and shall at the
10same time, in like manner, select 4 12 additional persons
11possessing such qualifications, the panel of the 4 12
12additional persons so selected to be known as the supplemental
13panel; and cause their clerk within 5 days thereafter to
14certify the 2 panels properly identified as the regular panel
15and supplemental panel, respectively, to the clerk of the court
16for which they are selected, who shall issue a summons to each
17of the 7 16 persons so selected for the regular panel at least
1810 days before the time hereinafter mentioned, commanding him
19to appear before such court at an hour directed by the judge
20upon the date of appearance of the grand jurors established
21pursuant to Section 112-3 of the "Code of Criminal Procedure of
221963", approved August 14, 1963, as now and hereafter amended,
23to constitute a grand jury. The clerk of the court issuing such
24summons shall follow the procedure he selects or is directed by
25the court to select from among those permitted by this Section.
26    The issuing clerk may use first class mail as the initial

 

 

SB1707- 6 -LRB097 09284 AJO 49419 b

1form of summons, incorporating any reasonable form of request
2for acknowledgement which is deemed practical and which would
3provide a reliable proof of service. One permissible method is
4the use of a duplex card properly addressed to the person
5summoned to be a juror and requesting the person so summoned to
6detach and return to the issuing clerk the part of the duplex
7card which is attached for his acknowledgement with his
8signature thereon. As used in this Section, a "duplex card"
9means any postcard with 2 mailable parts with a summons on one
10part and a detachable acknowledgement of receipt of such
11summons on the other part.
12    The issuing clerk may use certified mail as the initial
13means of service or as a secondary means of service in case the
14acknowledgement requested in a summons delivered by first class
15mail is not returned in the time period required. The certified
16mail may or may not be marked for delivery to the addressee
17only. The certificate of the issuing clerk that he has sent the
18summons pursuant to this Section is evidence that he has done
19so. If the person summoned to be a juror does not return the
20acknowledgement of the summons in the time period requested,
21such prospective juror shall not be deemed guilty of contempt
22of court.
23    If service of summons cannot be made by the type of service
24selected the clerk of the court issuing such summons shall as
25soon as such fact is determined reissue such summons and
26deliver it to the sheriff of the county. At least 10 days

 

 

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1before the time of appearance hereinafter mentioned the sheriff
2shall serve such summons on the person named therein so
3selected for the regular panel to appear before such court at
4an hour directed by the judge upon the date of appearance of
5the grand jurors established pursuant to Section 112-3 of the
6"Code of Criminal Procedure of 1963", approved August 14, 1963,
7as now or hereafter amended, to constitute a grand jury or at
8such time and date as the court may order for such reissued
9summons.
10    The sheriff shall serve such summons in the manner provided
11in Section 11 of this Act, for service of summons on petit
12jurors, and for any refusal or neglect so to do, shall be
13deemed guilty of contempt of court and may be fined therefor as
14provided in Section 11 of this Act, for default in summoning
15petit jurors. If for any reason the panel is not full at the
16opening of such court, the judge shall direct the sheriff to
17summon, at random, such number of persons named in the
18supplemental panel as the judge may determine to make available
19to fill the panel of grand jurors, and if the supplemental
20panel be exhausted without filling the grand jury panel, the
21judge shall select by lot from the jury list and direct the
22sheriff to summon a sufficient number of persons having the
23qualifications of jurors, as provided by this Act, to fill the
24panel; however, the court or judge may direct the clerk, at any
25time prior to the issuance of the summons for the regular
26panel, to include in the summons any specified number of the

 

 

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1names listed on the supplemental panel, in the order in which
2they appear, starting with the first and counting
3consecutively, so that the persons so designated may be
4available in court for the filling of the grand jury panel. In
5counties having jury commissioners, the names of the persons to
6constitute the regular and supplemental panels shall be drawn
7in the manner provided for the drawing of names of persons to
8serve as petit jurors in such counties; the 7 16 names to
9provide the regular panel shall be first drawn and thereupon 4
1012 names for the supplemental panel shall be drawn and listed
11on that panel in the order in which they are drawn.
12(Source: P.A. 85-690.)
 
13    (705 ILCS 305/16)  (from Ch. 78, par. 16)
14    Sec. 16. A full panel of the grand jury shall consist of 7
15sixteen persons, 5 twelve of whom shall be sufficient to
16constitute a grand jury.
17(Source: P.A. 85-690.)
 
18    (705 ILCS 305/17)  (from Ch. 78, par. 17)
19    Sec. 17. After the grand jury is impaneled, it shall be the
20duty of the court to appoint a foreman, who shall have power to
21swear or affirm witnesses to testify before them, and whose
22duty it shall be, when the grand jury, or any 5 nine of them,
23find a bill of indictment to be supported by good and
24sufficient evidence, to indorse thereon "A true bill;" where

 

 

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1they do not find a bill to be supported by sufficient evidence,
2to indorse thereon "Not a true bill;" and shall, in either
3case, sign his name as foreman, at the foot of said
4endorsement, and shall also, in each case in which a true bill
5shall be returned into court as aforesaid, note thereon the
6name or names of the witness or witnesses upon whose evidence
7the same shall have been found.
8(Source: P.A. 85-690.)
 
9    (705 ILCS 305/19)  (from Ch. 78, par. 19)
10    Sec. 19. No grand jury shall make presentments of their own
11knowledge, upon the information of a less number than 2 of
12their own body, unless the juror giving the information is
13previously sworn as a witness, in which event, if the evidence
14is deemed sufficient, an indictment may be found thereon in
15like manner as upon the evidence of any other witness who may
16not be a member of the jury. The judge of the circuit court may
17order a special venire to be issued for a grand jury at any
18time when he is of the opinion that public justice requires it.
19The order for such venire shall be entered on the records of
20the court by the clerk thereof; and the clerk shall forthwith
21issue such venire under his signature and the seal of the
22court, and deliver the same to the sheriff, who shall execute
23the same by summoning, in the same manner now provided or that
24may hereafter be provided by law for summoning jurors, 7 16
25persons, qualified by law, to constitute a grand jury. Such

 

 

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1venire shall state the day on which such persons shall appear
2before the court.
3(Source: P.A. 85-690.)
 
4    Section 10. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112-2 as follows:
 
6    (725 ILCS 5/112-2)  (from Ch. 38, par. 112-2)
7    Sec. 112-2. Impaneling the Grand Jury. (a) The Grand Jury
8shall consist of 7 16 persons, 5 12 of whom shall be necessary
9to constitute a quorum.
10    (b) The Grand Jury shall be impaneled, sworn and instructed
11as to its duties by the court. The court shall select and swear
12one of the grand jurors to serve as foreman.
13    (c) Before the Grand Jury shall enter upon the discharge of
14their duties the following oath shall be administered to the
15jurors:
16    "You and each of you do solemnly swear (or affirm, as the
17case may be), that you will diligently inquire into and true
18presentment make of all such matters and things as shall be
19given you in charge, or shall otherwise come to your knowledge,
20touching the present service; you shall present no person
21through malice, hatred or ill-will; nor shall you leave any
22unpresented through fear, favor, affection, or for any fee or
23reward, or for any hope or promise thereof; but in all of your
24presentments, you shall present the truth, the whole truth, and

 

 

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1nothing but the truth, according to the best of your skill and
2understanding; so help you God."
3(Source: P.A. 85-690.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.