Full Text of SB0996 95th General Assembly
SB0996ham001 95TH GENERAL ASSEMBLY
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Elections & Campaign Reform Committee
Filed: 5/31/2007
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09500SB0996ham001 |
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LRB095 05859 AJO 36598 a |
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| AMENDMENT TO SENATE BILL 996
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| AMENDMENT NO. ______. Amend Senate Bill 996 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, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
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| (705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
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| Sec. 2f. (a) The Circuit of Cook County shall be divided | 8 |
| into 15
units to be known as subcircuits. The subcircuits shall | 9 |
| be compact,
contiguous, and substantially equal in population.
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| The General Assembly
shall create the subcircuits by law on or | 11 |
| before
July 1, 1991, using population data as determined by the | 12 |
| 1990 Federal census.
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| (b) The 165 resident judges to be elected from the Circuit | 14 |
| of Cook
County shall be determined under paragraph (4) of | 15 |
| subsection (a) of Section 2 of the
Judicial Vacancies Act.
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| (c) The Supreme Court shall allot (i) the additional |
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| resident judgeships
provided by paragraph (4) of subsection (a) | 2 |
| of Section 2 of the Judicial Vacancies Act
and (ii) all | 3 |
| vacancies in
resident judgeships existing on or occurring on or | 4 |
| after the effective date
of this amendatory Act of 1990,
with | 5 |
| respect to the other resident judgeships of the Circuit
of Cook | 6 |
| County, for election from the various subcircuits until there | 7 |
| are
11 resident judges to be
elected from each of the 15 | 8 |
| subcircuits (for a total of 165). A resident
judgeship | 9 |
| authorized before the effective date of this amendatory Act of
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| 1990 that became vacant and was filled by appointment by the | 11 |
| Supreme Court
before that effective date shall be filled by | 12 |
| election at the general
election in November of 1992 from the | 13 |
| unit of the Circuit of Cook County
within Chicago or the unit | 14 |
| of that Circuit outside Chicago, as the case may
be, in which | 15 |
| the vacancy occurred.
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| (d) As soon as practicable after the subcircuits are | 17 |
| created by law, the
Supreme Court shall determine by lot a | 18 |
| numerical order for the 15
subcircuits. That numerical order | 19 |
| shall be the basis for the order in which resident
judgeships | 20 |
| are assigned to the subcircuits. After the first round of
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| assignments, the second and all later rounds shall be based on | 22 |
| the same
numerical order. Once a resident judgeship is assigned | 23 |
| to a subcircuit,
it shall continue to be assigned to that | 24 |
| subcircuit for all purposes.
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| (e) A resident judge elected from a subcircuit shall | 26 |
| continue to reside
in that subcircuit as long as he or she |
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| holds that office. A resident judge elected from a subcircuit | 2 |
| after January 1, 2008, must retain residency as a registered | 3 |
| voter in the subcircuit to run for retention from the circuit | 4 |
| at large thereafter.
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| (Source: P.A. 86-1478.)
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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. | 9 |
| The
subcircuits shall be
compact, contiguous, and | 10 |
| substantially equal in population. The General
Assembly by law | 11 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 13 |
| numerical order for the 6 subcircuits. That
numerical order | 14 |
| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. Once a resident judgeship is | 16 |
| assigned to a subcircuit, it
shall continue to be assigned to | 17 |
| that subcircuit for all purposes.
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| (b) The 19th circuit shall have a total of 6 resident | 19 |
| judgeships. The number of resident judgeships allotted to | 20 |
| subcircuits of the 19th judicial circuit pursuant to this | 21 |
| Section shall constitute all the resident judgeships of the | 22 |
| 19th judicial circuit.
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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 | 25 |
| 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 | 2 |
| election
and (ii) the resident judgeships of the 19th
circuit | 3 |
| filled at the 2004
general election as those judgeships | 4 |
| thereafter become vacant,
for election from the
various
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| subcircuits until there is one resident judge to be elected | 6 |
| from each
subcircuit.
No resident judge of the 19th circuit | 7 |
| serving on
the effective date of this amendatory Act of the | 8 |
| 93rd General Assembly shall be
required to change his or her | 9 |
| residency in order to continue serving in office
or
to seek | 10 |
| 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 elected from a subcircuit shall | 13 |
| continue to reside in
that
subcircuit as long as he or she | 14 |
| holds that office. A resident judge elected from a subcircuit | 15 |
| after January 1, 2008, must retain residency as a registered | 16 |
| voter in the subcircuit to run for retention from the circuit | 17 |
| at large thereafter.
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| (e) Vacancies in resident judgeships of the 19th circuit | 19 |
| shall be
filled
in the manner provided in Article VI of the | 20 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 22 |
| 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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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. |
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| The
subcircuits shall be
compact, contiguous, and | 2 |
| substantially equal in population. The General
Assembly by law | 3 |
| shall
create the subcircuits, using population
data as
| 4 |
| determined by the 2000 federal census, and
shall determine a | 5 |
| numerical order for the 5 subcircuits. That numerical
order | 6 |
| shall
be the basis for the order in which resident judgeships | 7 |
| are assigned to the
subcircuits.
Once a resident judgeship is
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| assigned to a subcircuit, it shall continue to be
assigned to
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| that subcircuit for all purposes.
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| (a-10) The first vacancy in the 12th judicial circuit's 10 | 11 |
| existing circuit judgeships (8 at large and 2 resident), but | 12 |
| not in the additional judgeships described in subsections (b) | 13 |
| and (b-5), that exists on or after the effective date of this | 14 |
| amendatory Act of the 94th General Assembly shall not be | 15 |
| filled, by appointment or election, and that judgeship is | 16 |
| eliminated. Of the 12th judicial circuit's 10 existing circuit | 17 |
| judgeships (8 at large and 2 resident), but not the additional | 18 |
| judgeships described in subsections (b) and (b-5), the second | 19 |
| to be vacant or become vacant on or after the effective date of | 20 |
| this amendatory Act of the 94th General Assembly shall be | 21 |
| allotted as a 12th circuit resident judgeship under subsection | 22 |
| (c). As used in this subsection, a vacancy does not include the
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| expiration of a term of an at large or resident judge who seeks
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| retention in that office at the next term.
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| (b) The 12th circuit shall have 3 additional resident | 26 |
| judgeships, as well
as
its existing resident judgeship or
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| judgeships, and existing at large judgeships, for a
total of 12 | 2 |
| judgeships available to be allotted under subsection (c)
to the | 3 |
| 5 subcircuit resident
judgeships. The
additional resident
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| judgeship created
by Public Act 93-541 shall be filled by | 5 |
| election beginning at the
general
election in
2006. The 2 | 6 |
| additional resident judgeships created by this amendatory Act | 7 |
| of 2004 shall be filled by election beginning at the general | 8 |
| election in 2008. After the subcircuits are created by
law, the | 9 |
| Supreme Court may fill by appointment the additional resident | 10 |
| judgeships created by Public Act 93-541 and
this
amendatory Act | 11 |
| of 2004 until the 2006 or 2008
general
election, as the case | 12 |
| may be.
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| (b-5) In addition to the number of circuit judges and | 14 |
| resident judges otherwise authorized by law, and | 15 |
| notwithstanding any other provision of law, beginning on April | 16 |
| 1, 2006 there shall be one additional resident judge who is a | 17 |
| resident of and elected from the fourth judicial subcircuit of | 18 |
| the 12th judicial circuit. That additional resident judgeship | 19 |
| may be filled by appointment by the Supreme Court until filled | 20 |
| by election at the general election in 2008, regardless of | 21 |
| whether the judgeships for subcircuits 1, 2, and 3 have been | 22 |
| filled. | 23 |
| (c) The Supreme Court shall allot (i) the additional | 24 |
| resident judgeships
of the 12th circuit created by Public Act | 25 |
| 93-541 and this amendatory Act of 2004, and (ii)
the second | 26 |
| vacancy in the at large and resident judgeships of the 12th
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| circuit as provided in subsection (a-10),
for election from the
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| various
subcircuits until, with the additional judge of the | 3 |
| fourth subcircuit described in subsection (b-5), there is one | 4 |
| resident judge to be elected from each
subcircuit. No at large | 5 |
| or resident judge of the 12th circuit serving on
August 18, | 6 |
| 2003 shall be
required to change his or her residency in order | 7 |
| to continue serving in office
or
to seek retention in office as | 8 |
| at large or resident judgeships are allotted by
the
Supreme | 9 |
| Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 11 |
| continue to reside in
that
subcircuit as long as he or she | 12 |
| holds that office. A resident judge elected from a subcircuit | 13 |
| after January 1, 2008, must retain residency as a registered | 14 |
| voter in the subcircuit to run for retention from the circuit | 15 |
| at large thereafter.
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| (e) Vacancies in resident judgeships of the 12th circuit | 17 |
| shall be filled
in the manner provided in Article VI of the | 18 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 20 |
| 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-5)
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| Sec. 2f-5. 22nd circuit; subcircuits; additional resident | 23 |
| judgeship.
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| (a) The 22nd circuit shall be divided into 4 subcircuits. | 25 |
| 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, using population
data as
| 3 |
| determined by the 2000 federal census, and
shall determine a | 4 |
| numerical order for the 4 subcircuits. That numerical
order | 5 |
| shall
be the basis for the order in which resident judgeships | 6 |
| are assigned to the
subcircuits.
Once a resident judgeship is
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| assigned to a subcircuit, it shall continue to be
assigned to
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| that subcircuit for all purposes.
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| (b) The 22nd circuit shall have one additional resident | 10 |
| judgeship, as well as its 3 existing resident judgeships, for a | 11 |
| total of 4 resident judgeships to be allotted to the 4 | 12 |
| subcircuit resident judgeships. The additional resident | 13 |
| judgeship created by this amendatory Act of the 93rd General | 14 |
| Assembly shall be filled by election beginning at the general | 15 |
| election in 2006 and shall not be filled by appointment before | 16 |
| the general election in 2006.
The number of resident judgeships | 17 |
| allotted to subcircuits of the 22nd judicial circuit pursuant | 18 |
| to this Section shall constitute all the resident judgeships of | 19 |
| the 22nd judicial circuit.
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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 | 22 |
| occurring on or after August 18, 2003 and not filled at the | 23 |
| 2004 general election, (ii) the resident
judgeships of the 22nd | 24 |
| circuit filled at the 2004 general election as
those judgeships | 25 |
| thereafter become vacant,
and (iii) the additional resident | 26 |
| judgeship of the 22nd circuit created by this amendatory Act of |
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| the 93rd General Assembly, for election from the
various
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| subcircuits until there is one resident judge to be elected | 3 |
| from each
subcircuit.
No resident judge of the 22nd circuit | 4 |
| serving on
August 18, 2003 shall be
required to change his or | 5 |
| her residency in order to continue serving in office
or
to seek | 6 |
| retention in office as resident judgeships are allotted by the
| 7 |
| Supreme Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 9 |
| continue to reside in
that
subcircuit as long as he or she | 10 |
| holds that office. A resident judge elected from a subcircuit | 11 |
| after January 1, 2008, must retain residency as a registered | 12 |
| voter in the subcircuit to run for retention from the circuit | 13 |
| at large thereafter.
| 14 |
| (e) Vacancies in resident judgeships of the 22nd circuit | 15 |
| shall be
filled
in the manner provided in Article VI of the | 16 |
| Illinois Constitution.
| 17 |
| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 18 |
| 93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-6) | 20 |
| Sec. 2f-6. 17th judicial circuit; subcircuits. | 21 |
| (a) The 17th circuit shall be divided into 4 subcircuits. | 22 |
| The
subcircuits shall be
compact, contiguous, and | 23 |
| substantially equal in population. The General
Assembly by law | 24 |
| shall
create the subcircuits, using population
data as
| 25 |
| determined by the 2000 federal census, and
shall determine a |
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| numerical order for the 4 subcircuits. That
numerical order | 2 |
| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. Once a resident judgeship is | 4 |
| assigned to a subcircuit, it
shall continue to be assigned to | 5 |
| that subcircuit for all purposes.
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| (a-10) Of the 17th circuit's 9 existing circuit judgeships | 7 |
| (6 at large and
3 resident), the 3 resident judgeships shall be | 8 |
| allotted as 17th circuit resident judgeships under
subsection | 9 |
| (c) as those resident judgeships
are or become vacant on or | 10 |
| after the effective date of this amendatory Act of the 93rd | 11 |
| General Assembly. Of the 17th circuit's associate judgeships, | 12 |
| the first associate judgeship that is or becomes vacant on or | 13 |
| after the effective date of this amendatory Act of the 93rd | 14 |
| General Assembly shall become a resident judgeship of the 17th | 15 |
| circuit to be allotted by the Supreme Court under subsection | 16 |
| (c) as a resident subcircuit judgeship. These resident | 17 |
| judgeships shall constitute all of the resident judgeships of | 18 |
| the 17th circuit. As used in this subsection, a vacancy does | 19 |
| not include the
expiration of a term of a resident judge who | 20 |
| seeks
retention in that office at the next term. A vacancy does | 21 |
| not exist or occur at the expiration of an associate judge's | 22 |
| term if the associate judge is reappointed.
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| (b) The 17th circuit shall have a total of 4 judgeships (3 | 24 |
| resident and one associate) available to be allotted to the 4 | 25 |
| subcircuit resident judgeships.
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| (c) The Supreme Court shall allot (i) the 3 resident
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| judgeships of the 17th circuit as they are or become vacant as | 2 |
| provided in subsection (a-10) and (ii) the one associate | 3 |
| judgeship converted into a resident judgeship of the 17th | 4 |
| circuit as it is or becomes vacant as provided in subsection | 5 |
| (a-10),
for election from the
various
subcircuits until there | 6 |
| is one resident judge to be elected from each
subcircuit.
No | 7 |
| resident or associate judge of the 17th circuit serving on
the | 8 |
| effective date of this amendatory Act of the 93rd General | 9 |
| Assembly shall be
required to change his or her residency in | 10 |
| order to continue serving in office
or
to seek retention or | 11 |
| reappointment in office as resident judgeships are allotted by | 12 |
| the
Supreme Court in accordance with this Section.
| 13 |
| (d) A resident judge elected from a subcircuit shall | 14 |
| continue to reside in
that
subcircuit as long as he or she | 15 |
| holds that office.
A resident judge elected from a subcircuit | 16 |
| after January 1, 2008, must retain residency as a registered | 17 |
| voter in the subcircuit to run for retention from the circuit | 18 |
| at large thereafter.
| 19 |
| (e) Vacancies in resident judgeships of the 17th circuit | 20 |
| shall be
filled
in the manner provided in Article VI of the | 21 |
| Illinois Constitution.
| 22 |
| (Source: P.A. 93-1102, eff. 4-7-05.) | 23 |
| (705 ILCS 35/2f-9) | 24 |
| Sec. 2f-9. 16th judicial circuit; subcircuits. | 25 |
| (a) The 16th circuit shall be divided into 5 subcircuits. |
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| The
subcircuits shall be
compact, contiguous, and | 2 |
| substantially equal in population. The General
Assembly by law | 3 |
| shall
create the subcircuits, using population
data as
| 4 |
| determined by the 2000 federal census, and
shall determine a | 5 |
| numerical order for the 5 subcircuits. That
numerical order | 6 |
| shall be the basis for the order in which resident judgeships
| 7 |
| are assigned to
the subcircuits. Once a resident judgeship is | 8 |
| assigned to a subcircuit, it
shall continue to be assigned to | 9 |
| that subcircuit for all purposes.
| 10 |
| (b) Of the 16th circuit's 16 existing circuit judgeships (7 | 11 |
| at large and
9 resident), 5 of the 9 resident judgeships shall | 12 |
| be allotted as 16th circuit resident judgeships under
| 13 |
| subsection (c) as (i) the first resident judgeship of DeKalb | 14 |
| County, (ii) the first resident judgeship of Kendall County, | 15 |
| and (iii) the first 2 resident judgeships
of Kane County are or | 16 |
| become vacant on or after the effective date of this amendatory | 17 |
| Act of the 93rd General Assembly, and (iv) the first resident | 18 |
| judgeship of Kane County (in addition to the 2 vacancies under | 19 |
| item (iii)) is or becomes vacant after the effective date of | 20 |
| this amendatory Act of the 94th General Assembly. These 5 | 21 |
| resident subcircuit judgeships and the remaining 4 resident | 22 |
| judgeships shall constitute all of the resident judgeships of | 23 |
| the 16th circuit. As used in this subsection, a vacancy does | 24 |
| not include the
expiration of a term of a resident judge who | 25 |
| seeks
retention in that office at the next term.
| 26 |
| (c) The Supreme Court shall allot the first DeKalb County |
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| vacancy, the first Kendall County vacancy, and the first 3 Kane | 2 |
| County vacancies in resident judgeships of the 16th circuit as | 3 |
| provided in subsection (b),
for election from the
various
| 4 |
| subcircuits. The judgeships shall be assigned to the | 5 |
| subcircuits based upon the numerical order of the 5 | 6 |
| subcircuits. No resident judge of the 16th circuit serving on
| 7 |
| the effective date of this amendatory Act of the 93rd General | 8 |
| Assembly shall be
required to change his or her residency in | 9 |
| order to continue serving in office
or
to seek retention in | 10 |
| office as judgeships are allotted by the
Supreme Court in | 11 |
| accordance with this Section.
| 12 |
| (d) A resident judge elected from a subcircuit shall | 13 |
| continue to reside in
that
subcircuit as long as he or she | 14 |
| holds that office.
A resident judge elected from a subcircuit | 15 |
| after January 1, 2008, must retain residency as a registered | 16 |
| voter in the subcircuit to run for retention from the circuit | 17 |
| at large thereafter.
| 18 |
| (e) Vacancies in resident judgeships of the 16th circuit | 19 |
| shall be
filled
in the manner provided in Article VI of the | 20 |
| Illinois Constitution.
| 21 |
| (Source: P.A. 93-1102, eff. 4-7-05; 94-3, eff. 5-31-05.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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