Illinois General Assembly - Full Text of SB0977
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Full Text of SB0977  98th General Assembly


Sen. Iris Y. Martinez

Filed: 5/5/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 977 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Jury Act is amended by changing Section 2
5as follows:
6    (705 ILCS 305/2)  (from Ch. 78, par. 2)
7    Sec. 2. At the September meeting of the county board in
8each year in the respective counties in this State, except
9those that have jury commissioners, the board shall select from
10the list the number of persons as the judges of the circuit
11courts, to be held in the county during the succeeding year,
12may by joint action determine to serve as petit jurors. In
13counties having jury commissioners, the persons to serve as
14petit jurors shall be selected by the jury commissioners, as
15provided by law. County boards, a jury administrator, and jury
16commissioners may utilize the services of the Administrative



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1Office of the Illinois Courts in making these selections.
2Jurors in all counties in Illinois must have the legal
3qualifications herein prescribed. Jurors must be:
4    (1) Inhabitants of the county.
5    (2) Of the age of 18 years or upwards.
6    (3) Free from all legal exception, of fair character, of
7approved integrity, of sound judgment, well informed, and able
8to understand the English language, whether in spoken or
9written form, or interpreted into sign language, or, in
10counties in which a pilot program is implemented in accordance
11with Section 8-1403 of the Code of Civil Procedure, interpreted
12or translated into the juror's predominant language.
13    (4) Citizens of the United States of America.
14(Source: P.A. 90-482, eff. 1-1-98.)
15    Section 10. The Jury Secrecy Act is amended by changing
16Section 1 as follows:
17    (705 ILCS 315/1)  (from Ch. 78, par. 36)
18    Sec. 1. (a) Except as provided in subsection (b), whoever
19knowingly and wilfully, by any device or means whatsoever
20records or attempts to record, the proceedings of a petit jury
21in any court of the State of Illinois while the jury is
22deliberating or voting, or listens to or observes, or attempts
23to listen to or observe, the proceedings of any petit jury of
24which he is not a member in any court of the State of Illinois



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1while the jury is deliberating or voting, shall be guilty of a
2Class A misdemeanor. However, if any juror is deaf or hard of
3hearing, the juror may be accompanied by and may communicate
4with a court appointed interpreter throughout any period during
5which the jury is sequestered or engaged in its deliberations.
6In counties in which a pilot program is implemented in
7accordance with Section 8-1403 of the Code of Civil Procedure,
8if any juror's predominant language is not English, the juror
9may be accompanied by an interpreter. In the case of a
10non-English speaking juror, the interpreter shall be available
11throughout the actual trial and may accompany and communicate
12with the juror throughout any period during which the jury is
13sequestered or engaged in its deliberations. If the jury
14foreman reasonably believes that an the interpreter is doing
15more than interpreting, nothing in this Act shall prevent him
16or her from petitioning the court and requesting that the
17interpreter be replaced with another interpreter.
18    (b) A petit juror in any court of the State of Illinois
19shall be entitled to take notes in connection with and solely
20for the purpose of assisting him in the performance of his
21duties as juror, and the sheriff of the county in which such
22juror is serving shall provide writing materials for that
23purpose. Such notes shall remain confidential, and shall be
24destroyed by the sheriff after the verdict has been returned or
25a mistrial declared.
26(Source: P.A. 88-27.)



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1    Section 15. The Code of Civil Procedure is amended by
2adding Sections 8-1403 as follows:
3    (735 ILCS 5/8-1403 new)
4    Sec. 8-1403. Accommodation for jurors whose predominant
5language is not English.
6    (a) In the counties of Cook, Lake, DuPage, Kane, and Will,
7the court shall implement a pilot program to appoint a
8qualified interpreter to interpret or translate proceedings
9for a juror whose predominant language is not English. The
10interpreter shall be available throughout the trial and may
11accompany and communicate with the juror throughout any period
12during which the jury is sequestered or engaged in its
13deliberations. The court shall determine and allow a reasonable
14fee for all services provided under this Section which shall be
15paid out of general county funds.
16    (b) The Administrative Office of the Illinois Courts shall
17record the following regarding the pilot program: the amount of
18funding that is expended; what languages are interpreted; and
19the extent to which interpreters are used in each county in
20which the pilot program operates.
21    (c) Before a qualified interpreter participates in any
22proceedings authorized under this Section, the interpreter
23shall make an oath or affirmation that the interpreter will:
24        (1) make a true interpretation from English to the



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1    juror's predominant language and from the juror's
2    predominant language to English;
3        (2) not interject the interpreter's own thoughts,
4    beliefs, conclusions, or opinions regarding any
5    interpretation of what the evidence shows, what the
6    instructions mean, or how the evidence is analyzed as it
7    relates to the instructions issued by the court; and
8        (3) not express any opinion as to what the verdict
9    should be.
10    (d) This Section is repealed 2 years after the effective
11date of this amendatory Act of the 98th General Assembly.".