Full Text of SB0997 95th General Assembly
SB0997ham001 95TH GENERAL ASSEMBLY
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Executive Committee
Adopted in House Comm. on Aug 02, 2007
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LRB095 05863 JAM 38384 a |
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| AMENDMENT TO SENATE BILL 997
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| AMENDMENT NO. ______. Amend Senate Bill 997 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The Circuit Courts Act is amended by changing | 5 |
| Sections 2f-6 and 2f-9 and by adding Sections 2k, 2k-1, 2k-2, | 6 |
| and 2k-3 as follows: | 7 |
| (705 ILCS 35/2f-6) | 8 |
| Sec. 2f-6. 17th judicial circuit; subcircuits. | 9 |
| (a) The 17th circuit shall be divided into 4 subcircuits. | 10 |
| The
subcircuits shall be
compact, contiguous, and | 11 |
| substantially equal in population. The General
Assembly by law | 12 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 14 |
| numerical order for the 4 subcircuits. That
numerical order | 15 |
| 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 |
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| assigned to a subcircuit, it
shall continue to be assigned to | 2 |
| that subcircuit for all purposes.
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| (a-10) Of the 17th circuit's 9 existing circuit judgeships | 4 |
| existing on April 7, 2005 (6 at large and
3 resident), but not | 5 |
| including the one resident judgeship added by this amendatory | 6 |
| Act of the 95th General Assembly, the 3 resident judgeships | 7 |
| shall be allotted as 17th circuit resident judgeships under
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| subsection (c) as those resident judgeships
are or become | 9 |
| vacant on or after the effective date of this amendatory Act of | 10 |
| the 93rd General Assembly. Of the 17th circuit's associate | 11 |
| judgeships, the first associate judgeship that is or becomes | 12 |
| vacant on or after the effective date of this amendatory Act of | 13 |
| the 93rd General Assembly shall become a resident judgeship of | 14 |
| the 17th circuit to be allotted by the Supreme Court under | 15 |
| subsection (c) as a resident subcircuit judgeship. These | 16 |
| resident judgeships , and the one resident judgeship added by | 17 |
| this amendatory Act of the 95th General Assembly, shall | 18 |
| constitute all of the resident judgeships of the 17th circuit. | 19 |
| As used in this subsection, a vacancy does not include the
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| expiration of a term of a resident judge who seeks
retention in | 21 |
| that office at the next term. A vacancy does not exist or occur | 22 |
| at the expiration of an associate judge's term if the associate | 23 |
| judge is reappointed.
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| (b) The 17th circuit shall have a total of 4 judgeships (3 | 25 |
| resident judgeships existing on April 7, 2005 and one associate | 26 |
| judgeship ) , but not including the one resident judgeship added |
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| by this amendatory Act of the 95th General Assembly, available | 2 |
| to be allotted to the 4 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 existing on April 7, 2005 as | 5 |
| they are or become vacant as provided in subsection (a-10) and | 6 |
| (ii) the one associate judgeship converted into a resident | 7 |
| judgeship of the 17th circuit as it is or becomes vacant as | 8 |
| provided in subsection (a-10),
for election from the
various
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| subcircuits until there is one resident judge to be elected | 10 |
| from each
subcircuit.
No resident or associate judge of the | 11 |
| 17th circuit serving on
the effective date of this amendatory | 12 |
| Act of the 93rd General Assembly shall be
required to change | 13 |
| his or her residency in order to continue serving in office
or
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| to seek retention or reappointment in office as resident | 15 |
| judgeships are allotted by the
Supreme Court in accordance with | 16 |
| this Section.
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| (d) A resident judge elected from a subcircuit shall | 18 |
| continue to reside in
that
subcircuit as long as he or she | 19 |
| holds that office.
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| (e) Vacancies in resident judgeships of the 17th circuit | 21 |
| shall be
filled
in the manner provided in Article VI of the | 22 |
| Illinois Constitution.
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| (Source: P.A. 93-1102, eff. 4-7-05.) | 24 |
| (705 ILCS 35/2f-9) | 25 |
| Sec. 2f-9. 16th judicial circuit; subcircuits. |
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| (a) The 16th circuit shall be divided into 5 subcircuits. | 2 |
| The
subcircuits shall be
compact, contiguous, and | 3 |
| substantially equal in population. The General
Assembly by law | 4 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 6 |
| numerical order for the 5 subcircuits. That
numerical order | 7 |
| 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 | 9 |
| assigned to a subcircuit, it
shall continue to be assigned to | 10 |
| that subcircuit for all purposes.
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| (b) Of the 16th circuit's 16 existing circuit judgeships | 12 |
| existing on April 7, 2005 (7 at large and
9 resident), but not | 13 |
| including the 2 resident judgeships added by this amendatory | 14 |
| Act of the 95th General Assembly, 5 of the 9 resident | 15 |
| judgeships shall be allotted as 16th circuit resident | 16 |
| judgeships under
subsection (c) as (i) the first resident | 17 |
| judgeship of DeKalb County, (ii) the first resident judgeship | 18 |
| of Kendall County, and (iii) the first 2 resident judgeships
of | 19 |
| Kane County are or become vacant on or after the effective date | 20 |
| of this amendatory Act of the 93rd General Assembly, and (iv) | 21 |
| the first resident judgeship of Kane County (in addition to the | 22 |
| 2 vacancies under item (iii)) is or becomes vacant after the | 23 |
| effective date of this amendatory Act of the 94th General | 24 |
| Assembly. These 5 resident subcircuit judgeships and the | 25 |
| remaining 6
4 resident judgeships shall constitute all of the | 26 |
| resident judgeships of the 16th circuit. As used in this |
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| subsection, a vacancy does not include the
expiration of a term | 2 |
| of a resident judge who seeks
retention in that office at the | 3 |
| next term.
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| (c) The Supreme Court shall allot the first eligible DeKalb | 5 |
| County vacancy, the first eligible Kendall County vacancy, and | 6 |
| the first 3 Kane County vacancies in resident judgeships of the | 7 |
| 16th circuit as provided in subsection (b),
for election from | 8 |
| the
various
subcircuits. The judgeships shall be assigned to | 9 |
| the subcircuits based upon the numerical order of the 5 | 10 |
| subcircuits. No resident judge of the 16th circuit serving on
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| the effective date of this amendatory Act of the 93rd General | 12 |
| Assembly shall be
required to change his or her residency in | 13 |
| order to continue serving in office
or
to seek retention in | 14 |
| office as judgeships are allotted by the
Supreme Court in | 15 |
| accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 17 |
| continue to reside in
that
subcircuit as long as he or she | 18 |
| holds that office.
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| (e) Vacancies in resident judgeships of the 16th circuit | 20 |
| shall be
filled
in the manner provided in Article VI of the | 21 |
| Illinois Constitution.
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| (Source: P.A. 93-1102, eff. 4-7-05; 94-3, eff. 5-31-05.) | 23 |
| (705 ILCS 35/2k new) | 24 |
| Sec. 2k. Additional 17th circuit resident judge. In | 25 |
| addition to the number of circuit judges otherwise authorized |
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| by this Act, there shall be one additional judge elected in the | 2 |
| 17th judicial circuit who shall be a resident of and elected | 3 |
| from Boone County. The additional resident circuit judgeship | 4 |
| created by this Section may be filled by appointment by the | 5 |
| Illinois Supreme Court until the judgeship is filled by | 6 |
| election beginning at the 2008 general election. The judgeship | 7 |
| provided by this Section shall not be a subcircuit judgeship. | 8 |
| (705 ILCS 35/2k-1 new)
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| Sec. 2k-1. Additional 16th circuit resident judge; DeKalb | 10 |
| County. In addition to the number of circuit judges otherwise | 11 |
| authorized by this Act, there shall be one additional judge | 12 |
| elected in the 16th judicial circuit who shall be a resident of | 13 |
| and elected from DeKalb County. The additional resident circuit | 14 |
| judgeship created by this Section may be filled by appointment | 15 |
| by the Illinois Supreme Court until the judgeship is filled by | 16 |
| election beginning at the 2008 general election. The judgeship | 17 |
| provided by this Section shall not be a subcircuit judgeship. | 18 |
| (705 ILCS 35/2k-2 new) | 19 |
| Sec. 2k-2. Additional 16th circuit resident judge; Kendall | 20 |
| County. In addition to the number of circuit judges otherwise | 21 |
| authorized by this Act, there shall be one additional judge | 22 |
| elected in the 16th judicial circuit who shall be a resident of | 23 |
| and elected from Kendall County. The additional resident | 24 |
| circuit judgeship created by this Section may be filled by |
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| appointment by the Illinois Supreme Court until the judgeship | 2 |
| is filled by election beginning at the 2008 general election. | 3 |
| The judgeship provided by this Section shall not be a | 4 |
| subcircuit judgeship. | 5 |
| (705 ILCS 35/2k-3 new)
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| Sec. 2k-3. Additional 13th circuit judge. In addition to | 7 |
| the number of circuit judges otherwise authorized by this Act, | 8 |
| there shall be one additional judge elected in the 13th | 9 |
| judicial circuit who shall be a resident of and elected from | 10 |
| Grundy County. The additional judgeship created by this Section | 11 |
| may be filled by appointment by the Illinois Supreme Court | 12 |
| until the judgeship is filled by election beginning at the 2008 | 13 |
| general election.
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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