Full Text of SB2287 93rd General Assembly
SB2287ham001 93RD GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 7/23/2004
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| AMENDMENT TO SENATE BILL 2287
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| AMENDMENT NO. ______. Amend Senate Bill 2287 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Circuit Courts Act is amended by changing | 5 |
| Sections 2f-1, 2f-2, 2f-4, and 2f-5 as follows:
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| (705 ILCS 35/2f-1)
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| Sec. 2f-1. 19th and 22nd judicial circuits.
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| (a) On December 4, 2006, the 19th judicial circuit is | 9 |
| divided into the 19th
and
22nd judicial circuits as provided in | 10 |
| Section 1 of the Circuit Courts Act. This
division
does not | 11 |
| invalidate any action taken by the 19th judicial circuit or any | 12 |
| of its
judges,
officers, employees, or agents before December | 13 |
| 4, 2006. This division does not
affect
any person's rights, | 14 |
| obligations, or duties, including applicable civil and
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| criminal
penalties, arising out of any action taken by the 19th | 16 |
| judicial circuit or any
of its judges,
officers, employees, or | 17 |
| agents before December 4, 2006.
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| (b) Of the 7 circuit judgeships elected at large in the | 19 |
| 19th circuit before
the
general election in 2006, the Supreme | 20 |
| Court shall assign 5 to the 19th circuit
and 2 to the
22nd | 21 |
| circuit, based on residency of the circuit judges then holding | 22 |
| those
judgeships. The
5 assigned to the 19th circuit shall | 23 |
| continue to be elected at large.
The 2 assigned to the 22nd | 24 |
| circuit shall continue to be elected at large.
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| (c) The 6 resident judgeships elected from Lake County | 2 |
| before the general
election in 2006 shall become resident | 3 |
| judgeships in the 19th circuit on
December 4,
2006, and the 3 | 4 |
| resident judgeships elected from McHenry County before the
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| general
election in 2006 shall become resident judgeships in | 6 |
| the 22nd circuit on
December 4,
2006.
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| (d) On December 4, 2006, the Supreme Court shall allocate | 8 |
| the associate
judgeships of the 19th circuit before that date | 9 |
| between the 19th and 22nd
circuits based
on the residency of | 10 |
| the associate judges; however, the number of associate judges | 11 |
| allocated to the 19th circuit shall be no less than the number | 12 |
| of associate judges residing in Lake County on March 22, 2004
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| population of those circuits .
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| (e) On December 4, 2006, the Supreme Court shall allocate | 15 |
| personnel, books,
records, documents, property (real and | 16 |
| personal), funds, assets, liabilities,
and pending
matters | 17 |
| concerning the 19th circuit before that date between the 19th | 18 |
| and 22nd
circuits
based on the population and staffing needs of | 19 |
| those circuits and the efficient
and proper
administration of | 20 |
| the judicial system. The rights of employees under applicable
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| collective bargaining agreements are not affected by this | 22 |
| amendatory Act of the
93rd
General Assembly.
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| (f) The judgeships set forth in this Section include the | 24 |
| judgeships
authorized
under Sections 2g, 2h, and 2j. The | 25 |
| judgeships authorized in those Sections are
not in
addition to | 26 |
| those set forth in this Section.
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| (Source: P.A. 93-541, eff. 8-18-03.)
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| (705 ILCS 35/2f-2)
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| Sec. 2f-2. 19th judicial circuit; subcircuits.
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| (a) The 19th circuit shall be divided into 6 subcircuits. | 31 |
| The
subcircuits shall be
compact, contiguous, and | 32 |
| substantially equal in population. The General
Assembly by law | 33 |
| shall
create the subcircuits on or before February 1, 2004 , |
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| using population
data as
determined by the 2000 federal census, | 2 |
| and
shall determine a numerical order for the 6 subcircuits. | 3 |
| That
numerical order shall be the basis for the order in which | 4 |
| resident judgeships
are assigned to
the subcircuits. Once a | 5 |
| resident judgeship is assigned to a subcircuit, it
shall | 6 |
| continue to be assigned to that subcircuit for all purposes.
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| (b) The 19th circuit shall have a total of 6 resident | 8 |
| judgeships.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 19th circuit existing on or | 11 |
| occurring on or after the
effective date of this
amendatory Act
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| of the 93rd General Assembly and not filled at the 2004 general | 13 |
| election
and (ii) the resident judgeships of the 19th
circuit | 14 |
| filled at the 2004
general election as those judgeships | 15 |
| thereafter become vacant,
for election from the
various
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| subcircuits until there is one resident judge to be elected | 17 |
| from each
subcircuit.
No resident judge of the 19th circuit | 18 |
| serving on
the effective date of this amendatory Act of the | 19 |
| 93rd General Assembly shall be
required to change his or her | 20 |
| residency in order to continue serving in office
or
to seek | 21 |
| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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| (d) A resident judge of a subcircuit must reside in the | 24 |
| subcircuit
and must continue to reside in
that
subcircuit as | 25 |
| long as he or she holds that office.
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| (e) Vacancies in resident judgeships of the 19th circuit | 27 |
| shall be
filled
in the manner provided in Article VI of the | 28 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03.)
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| (705 ILCS 35/2f-4)
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| Sec. 2f-4. 12th circuit; subcircuits; additional judges.
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| (a) The 12th circuit shall be divided into 5 subcircuits. | 33 |
| The
subcircuits shall be
compact, contiguous, and |
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| substantially equal in population. The General
Assembly by law | 2 |
| shall
create the subcircuits on or before February 1, 2004 , | 3 |
| using population
data as
determined by the 2000 federal census, | 4 |
| and
shall determine a numerical order for the 5 subcircuits. | 5 |
| That numerical
order shall
be the basis for the order in which | 6 |
| resident judgeships are assigned to the
subcircuits.
Once a | 7 |
| resident judgeship is
assigned to a subcircuit, it shall | 8 |
| continue to be
assigned to
that subcircuit for all purposes.
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| (a-5) Two of the 12th circuit's associate judgeships shall | 10 |
| be
allotted as 12th circuit resident judgeships under | 11 |
| subsection (c) as those
associate
judgeships are converted to | 12 |
| resident judgeships in accordance with Section 2 of
the | 13 |
| Associate Judges Act.
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| (a-10) Of the 12th circuit's 10 existing circuit judgeships | 15 |
| (8 at large and
2 resident), 2 shall be allotted as 12th | 16 |
| circuit resident judgeships under
subsection (c) as the first 2 | 17 |
| of any of those at large and resident judgeships
become vacant | 18 |
| on or after August 18, 2003
the effective date of this | 19 |
| amendatory Act of the 93rd
General Assembly . As used in this | 20 |
| subsection, a vacancy does not include the
expiration of a term | 21 |
| of an at large or resident judge who seeks
retention in that | 22 |
| office at the next term.
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| (b) The 12th circuit shall have 3
one additional resident | 24 |
| judgeships
judgeship , as well
as
its 2 existing resident | 25 |
| judgeships, and 8 at large judgeships, and 2 former
associate | 26 |
| judgeships, for a
total of 13 judgeships available to be | 27 |
| allotted to the 5 subcircuit resident
judgeships. The
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| additional resident
judgeship created
by Public Act 93-541
this
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| amendatory Act
of
the 93rd General Assembly shall be filled by | 30 |
| election beginning at the
general
election in
2006 . The 2 | 31 |
| additional resident judgeships created by this amendatory Act | 32 |
| of 2004 shall be filled by election beginning at the general | 33 |
| election in 2008 . After the subcircuits are created by
law, the | 34 |
| Supreme Court may
shall fill by appointment the additional |
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LRB093 19324 WGH 52793 a |
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| resident judgeships
judgeship created by Public Act 93-541 and
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| this
amendatory Act of 2004
the 93rd General Assembly until the | 3 |
| 2006 or 2008
general
election , as the case may be .
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| (c) The Supreme Court shall allot (i) the additional | 5 |
| resident judgeships
judgeship
of the 12th circuit created by | 6 |
| Public Act 93-541 and this amendatory Act of 2004
the 93rd | 7 |
| General
Assembly , and (ii)
the first 2 vacancies in the at | 8 |
| large and resident judgeships of the 12th
circuit as provided | 9 |
| in subsection (a-10),
and
(iii) 2 associate
judgeships of the | 10 |
| 12th circuit as they are converted to resident judgeships
as | 11 |
| provided in subsection (a-5), for election from the
various
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| subcircuits until there is one resident judge to be elected | 13 |
| from each
subcircuit. No at large or resident judge of the 12th | 14 |
| circuit serving on
August 18, 2003
the effective date of this | 15 |
| amendatory Act of the 93rd General Assembly shall be
required | 16 |
| to change his or her residency in order to continue serving in | 17 |
| office
or
to seek retention in office as at large or resident | 18 |
| judgeships are allotted by
the
Supreme Court in accordance with | 19 |
| this Section.
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| (d) A resident judge of a subcircuit must reside in the | 21 |
| subcircuit
and must continue to reside in
that
subcircuit as | 22 |
| long as he or she holds that office.
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| (e) Vacancies in resident judgeships of the 12th circuit | 24 |
| shall be filled
in the manner provided in Article VI of the | 25 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03.)
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| (705 ILCS 35/2f-5)
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| Sec. 2f-5. 22nd circuit; subcircuits.
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| (a) The 22nd circuit shall be divided into 3 subcircuits. | 30 |
| The
subcircuits shall be
compact, contiguous, and | 31 |
| substantially equal in population. The General
Assembly by law | 32 |
| shall
create the subcircuits on or before February 1, 2004 , | 33 |
| using population
data as
determined by the 2000 federal census, |
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LRB093 19324 WGH 52793 a |
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| and
shall determine a numerical order for the 3 subcircuits. | 2 |
| That numerical
order shall
be the basis for the order in which | 3 |
| resident judgeships are assigned to the
subcircuits.
Once a | 4 |
| resident judgeship is
assigned to a subcircuit, it shall | 5 |
| continue to be
assigned to
that subcircuit for all purposes.
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| (b) The 22nd circuit shall have a total of 3 resident | 7 |
| judgeships.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 22nd circuit existing on or | 10 |
| occurring on or after the
effective date of this
amendatory Act
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| of the 93rd General Assembly and not filled at the 2004 general | 12 |
| election
and (ii) the resident
judgeships of the 22nd circuit | 13 |
| filled at the 2004 general election as
those judgeships | 14 |
| thereafter become vacant,
for election from the
various
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| subcircuits until there is one resident judge to be elected | 16 |
| from each
subcircuit.
No resident judge of the 22nd circuit | 17 |
| serving on
the effective date of this amendatory Act of the | 18 |
| 93rd General Assembly shall be
required to change his or her | 19 |
| residency in order to continue serving in office
or
to seek | 20 |
| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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| (d) A resident judge of a subcircuit must reside in the | 23 |
| subcircuit
and must continue to reside in
that
subcircuit as | 24 |
| long as he or she holds that office.
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| (e) Vacancies in resident judgeships of the 22nd circuit | 26 |
| shall be
filled
in the manner provided in Article VI of the | 27 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03.)
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| Section 10. The Associate Judges Act is amended by changing | 30 |
| Section 2 as follows:
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| (705 ILCS 45/2) (from Ch. 37, par. 160.2)
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| Sec. 2. (a) The maximum number of associate judges |
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| authorized for each
circuit is the greater of the applicable | 2 |
| minimum number specified in this
Section or one for each 35,000 | 3 |
| or fraction thereof in population as
determined
by the last | 4 |
| preceding Federal census, except for circuits with a population | 5 |
| of
more than 3,000,000 where the maximum number of associate | 6 |
| judges is one for
each 29,000 or fraction thereof in population | 7 |
| as determined by the last
preceding federal census, reduced in | 8 |
| circuits of less than 200,000 inhabitants
by the number of | 9 |
| resident circuit judges elected in the circuit in excess of
one | 10 |
| per county. In addition, in circuits of 1,000,000 or more | 11 |
| inhabitants,
there shall be one additional associate judge | 12 |
| authorized for each
municipal
district of the circuit court. | 13 |
| The number of associate judges to be appointed
in each circuit, | 14 |
| not to exceed the maximum authorized, shall be
determined from
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| time to time by the Circuit Court. The minimum number of | 16 |
| associate judges
authorized for any circuit consisting of a | 17 |
| single county shall be
14, except that the minimum in the 22nd | 18 |
| circuit shall be 8 and except that the minimum in the 19th | 19 |
| circuit on and after December 4, 2006 shall be 20 . The
minimum | 20 |
| number of associate judges authorized for any circuit | 21 |
| consisting of 2
counties with a combined population of at least | 22 |
| 275,000 but less than 300,000
shall be 10. The minimum number | 23 |
| of associate judges authorized
for any circuit
with a | 24 |
| population of at least 303,000 but not more than 309,000 shall
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| be 10.
The minimum number of associate judges authorized for | 26 |
| any circuit with a
population of at least 329,000, but not more | 27 |
| than 335,000 shall be
11. The
minimum number of associate | 28 |
| judges authorized for any circuit with a population
of at least | 29 |
| 173,000 shall be 5. As
used in this
Section, the term "resident | 30 |
| circuit judge" has the meaning given it in the
Judicial | 31 |
| Vacancies Act.
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| (b) The maximum number of associate judges authorized under | 33 |
| subsection
(a) for a circuit with a population of more than | 34 |
| 3,000,000 shall
be reduced
as provided in this subsection (b). |
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| For each vacancy that exists on or
occurs on or after the | 2 |
| effective date of this amendatory Act of 1990, that
maximum | 3 |
| number shall be reduced by one until the total number of
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| associate
judges authorized under subsection (a) is reduced by | 5 |
| 60. A vacancy exists
or occurs when an associate judge dies, | 6 |
| resigns, retires, is removed, or is
not reappointed upon | 7 |
| expiration of his or her term; a vacancy does not
exist or | 8 |
| occur at the expiration of a term if the associate judge is
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| reappointed.
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| (c) The maximum number of associate judges authorized under | 11 |
| subsection (a)
for the 12th judicial circuit shall be reduced | 12 |
| as provided in this subsection
(c). For each vacancy that | 13 |
| exists on or occurs after the effective date of this
amendatory | 14 |
| Act of the 93rd General Assembly, that maximum number shall be
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| reduced by one until the total number of associate judges | 16 |
| authorized under
subsection (a) is reduced by 2. A vacancy | 17 |
| exists or occurs when (i) a new
associate judgeship has been | 18 |
| authorized under subsection (a) for the 12th
judicial circuit, | 19 |
| but has not been filled by appointment or (ii) an associate
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| judge dies, resigns, retires, is removed, or is not reappointed | 21 |
| upon expiration
of his or her term. A vacancy does not exist or | 22 |
| occur at the expiration of a
term if the associate judge is | 23 |
| reappointed.
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| (Source: P.A. 92-17, eff. 6-28-01; 93-541, eff. 8-18-03.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.".
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