Full Text of HB0339 94th General Assembly
HB0339eng 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 |
|
|
|
HB0339 Engrossed |
- 2 - |
LRB094 06829 WGH 36964 b |
|
| 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 |
|
|
|
HB0339 Engrossed |
- 3 - |
LRB094 06829 WGH 36964 b |
|
| 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.
|
|