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Full Text of SB0642  102nd General Assembly

SB0642ham002 102ND GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 5/27/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 642

2    AMENDMENT NO. ______. Amend Senate Bill 642 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Judicial Districts Act of 2021.
 
6    Section 5. Legislative intent. The intent of this Act is
7to redraw the Judicial Districts to meet the requirements of
8the Illinois Constitution of 1970 by providing that outside of
9the First District the State "shall be divided by law into four
10Judicial Districts of substantially equal population, each of
11which shall be compact and composed of contiguous counties."
12    Section 2 of Article VI of the Illinois Constitution of
131970 divides the State into five Judicial Districts for the
14selection of Supreme and Appellate Court Judges, with Cook
15County comprising the First District and the remainder of the
16State "divided by law into four Judicial Districts of

 

 

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1substantially equal population, each of which shall be compact
2and composed of contiguous counties." Further, Section 7 of
3Article VI provides that a Judicial Circuit must be located
4within one Judicial District, and also provides the First
5Judicial District is comprised of a judicial circuit and the
6remainder provided by law, subject to the requirement that
7Circuits composed of more than one county shall be compact and
8of contiguous counties. The current Judicial District map was
9enacted in 1963.
10    The current Judicial Districts do not meet the
11Constitution's requirement that four Districts other than the
12First District be of "substantially equal population." Using
13the American Community Survey data available at the time this
14Act is enacted, the population of the current First District
15is 5,198,212; Second District is 3,204,960; the Third District
16is 1,782,863; the Fourth District is 1,299,747; and the Fifth
17District is 1,284,757.
18    Under this redistricting plan, the population, according
19to the American Community Survey, of the Second District will
20be 1,770,983; the Third District will be 1,950,349; the Fourth
21District will be 2,011,316; and the Fifth District will be
221,839,679. A similar substantially equitable result occurs
23using the 2010 U.S. Census data, the most recent decennial
24census data available at the time of this Act, with the
25population of the Second District being approximately
261,747,387; the Third District being 1,936,616; the Fourth

 

 

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1District being 2,069,660; and the Fifth District being
21,882,294. Because of the constitutional requirement that a
3District be composed of whole counties, and given that actual
4population changes on a day-to-day basis, the populations are
5not and could never be exact, but the population of each of the
6four Districts created by this Act is substantially equal.
7    In addition to ensuring the population of the four
8Districts are substantially equal, this Act complies with
9Section 7 of Article VI of the Illinois Constitution of 1970,
10which provides that the First Judicial District shall be
11comprised of a Judicial Circuit, and the remaining Judicial
12Circuits shall be provided by law, and Circuits comprised of
13more than one county shall be compact and of contiguous
14counties. To comply with Section 7 of Article VI and minimize
15disruption to the administration of the Judicial Branch, this
16Act avoids changing the compositions and boundaries of the
17Judicial Circuits, while simultaneously creating substantially
18equally populated, compact, and contiguous Judicial Districts.
19    To further avoid any interruption to the administration of
20the Judicial Branch, this Act does not require that the
21Supreme Court change where the Appellate Courts currently
22reside. By Supreme Court Rule, the Second District Appellate
23Court currently sits in Elgin; the Third District Appellate
24Court currently sits in Ottawa; the Fourth District Appellate
25Court currently sits in Springfield; and the Fifth District
26Appellate Court currently sits in Mt. Vernon. Under this Act,

 

 

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1the Supreme Court is not required to change where the
2Appellate Courts sit as those cities remain in the Second,
3Third, Fourth, and Fifth District respectively.
4    To ensure continuity of service and compliance with the
5Illinois Constitution of 1970, nothing in this Act is intended
6to affect the tenure of any Appellate or Supreme Court Judge
7elected or appointed prior to the effective date of this Act.
8In accordance with the Constitution, no change in the
9boundaries shall affect an incumbent judge's qualification for
10office or right to run for retention. Incumbent judges have
11the right to run for retention in the counties comprising the
12District that elected the judge, or in the counties comprising
13the new District where the judge resides, as the judge may
14elect. As provided by the Constitution, upon a vacancy in an
15elected Supreme or Appellate Court office, the Supreme Court
16may fill the vacancy until the vacancy is filled in the next
17general election in the counties comprising the District
18created by this Act.
19    Further, nothing in this Act is intended to alter or
20impair the ability of the Supreme Court to fulfill its
21obligations to ensure the proper administration of the
22Judicial Branch. For example, it remains within the purview of
23the Supreme Court to assign or reassign any judge to any court
24or determine assignment of additional judges to the Appellate
25Court. Section 1 of the Appellate Act provides that the
26"Supreme Court may assign additional judges to service in the

 

 

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1Appellate Court from time to time as the business of the
2Appellate Court requires." Currently the Supreme Court has
3three judges on assignment to the Second District Appellate
4Court, whereas one judge is on assignment to the Third,
5Fourth, and Fifth Districts. Nothing in this Act seeks to
6alter any judicial assignments.
7    Finally, it is the intent of the General Assembly that any
8appealable order, as defined by Supreme Court Rules, entered
9prior to the effective date of this Act shall be subject to
10judicial review by the Judicial District in effect on the date
11the order was entered; however, the administrative and
12supervisory authority of the courts remains within the purview
13of the Supreme Court.
 
14    Section 10. The First Judicial District consists of the
15County of Cook.
 
16    Section 15. Beginning on the effective date of this Act,
17the Second Judicial District consists of the counties of
18DeKalb, Kendall, Kane, Lake, and McHenry.
 
19    Section 20. Beginning on the effective date of this Act,
20the Third Judicial District consists of the counties of
21Bureau, LaSalle, Grundy, Iroquois, Kankakee, DuPage and Will.
 
22    Section 25. Beginning on the effective date of this Act,

 

 

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1the Fourth Judicial District consists of the counties of Jo
2Daviess, Stephenson, Carroll, Ogle, Lee, Winnebago, Boone,
3Mercer, Rock Island, Whiteside, Henry, Stark, Putnam,
4Marshall, Peoria, Tazewell, Adams, Pike, Calhoun, Schuyler,
5Brown, Cass, Mason, Menard, Morgan, Scott, Greene, Jersey,
6Macoupin, Sangamon, Logan, McLean, Woodford, Livingston, Ford,
7Henderson, Warren, Knox, Fulton, McDonough and Hancock.
 
8    Section 30. Beginning on the effective date of this Act,
9the Fifth Judicial District consists of the counties of
10DeWitt, Macon, Piatt, Moultrie, Champaign, Douglas, Vermilion,
11Edgar, Coles, Cumberland, Clark, Christian, Shelby,
12Montgomery, Fayette, Effingham, Jasper, Clay, Marion, Clinton,
13Bond, Madison, St. Clair, Washington, Monroe, Randolph, Perry,
14Crawford, Richland, Lawrence, Wabash, Edwards, Wayne,
15Jefferson, Franklin, Hamilton, White, Gallatin, Hardin,
16Saline, Williamson, Jackson, Union, Johnson, Pope, Alexander,
17Pulaski, and Massac.
 
18    Section 35. Current Members of the Judiciary. Nothing in
19this Act shall affect the tenure of any Appellate or Supreme
20Court Judge serving on the effective date of this Act. No
21Appellate or Supreme Court Judge serving on the effective date
22of this Act shall be required to change his or her residency in
23order to continue serving in office or to seek retention or
24reappointment in office. Any Appellate or Supreme Court Judge

 

 

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1elected to that office prior to the effective date of this Act
2who files to run for retention after the effective date of this
3Act shall have the right to seek retention in the district the
4Judge was elected from or seek retention in the district
5created by this Act. The Secretary of State, not less than 63
6days before the election, shall certify the Judge's candidacy
7to the proper election officials.
 
8    Section 40. Severability. To the extent that any provision
9of this Act is found to be unconstitutional, that provision
10alone shall be deemed of no force and effect and all other
11provisions of this Act shall remain in full force and effect.
 
12    Section 45. The Judicial Districts Act is amended by
13changing Sections 2, 3, 4, and 5 as follows:
 
14    (705 ILCS 20/2)  (from Ch. 37, par. 1.2)
15    (This Act was repealed by P.A. 89-719, which has been held
16unconstitutional)
17    Sec. 2. Prior to the effective date of this amendatory Act
18of the 102nd General Assembly, the The Second Judicial
19District consists of the counties of Jo Daviess, Stephenson,
20Carroll, Ogle, Lee, Winnebago, Boone, McHenry, Lake, DeKalb,
21Kane, Kendall and DuPage.
22(Source: Laws 1963, p. 929.)
 

 

 

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1    (705 ILCS 20/3)  (from Ch. 37, par. 1.3)
2    (This Act was repealed by P.A. 89-719, which has been held
3unconstitutional)
4    Sec. 3. Prior to the effective date of this amendatory Act
5of the 102nd General Assembly, the The Third Judicial District
6consists of the counties of Mercer, Rock Island, Whiteside,
7Henry, Bureau, LaSalle, Grundy, Stark, Putnam, Marshall,
8Peoria, Tazewell, Will, Kankakee, Iroquois, Henderson, Warren,
9Knox, Fulton, McDonough and Hancock.
10(Source: Laws 1963, p. 929.)
 
11    (705 ILCS 20/4)  (from Ch. 37, par. 1.4)
12    (This Act was repealed by P.A. 89-719, which has been held
13unconstitutional)
14    Sec. 4. Prior to the effective date of this amendatory Act
15of the 102nd General Assembly, the The Fourth Judicial
16District consists of the counties of Adams, Pike, Calhoun,
17Schuyler, Brown, Cass, Mason, Menard, Morgan, Scott, Greene,
18Jersey, Macoupin, Sangamon, Logan, McLean, Woodford,
19Livingston, Ford, DeWitt, Macon, Piatt, Moultrie, Champaign,
20Douglas, Vermilion, Edgar, Coles, Cumberland and Clark.
21(Source: Laws 1963, p. 929.)
 
22    (705 ILCS 20/5)  (from Ch. 37, par. 1.5)
23    (This Act was repealed by P.A. 89-719, which has been held
24unconstitutional)

 

 

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1    Sec. 5. Prior to the effective date of this amendatory Act
2of the 102nd General Assembly, the The Fifth Judicial District
3consists of all the counties south of the Fourth Judicial
4District.
5(Source: Laws 1963, p. 929.)
 
6    (705 ILCS 21/Act rep.)
7    Section 50. The Judicial Redistricting Act of 1997 (which
8has been held unconstitutional) is repealed.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".