Full Text of SB1540 101st General Assembly
SB1540 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1540 Introduced 2/15/2019, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/4-11001 | from Ch. 34, par. 4-11001 | 735 ILCS 5/2-1105 | from Ch. 110, par. 2-1105 |
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Amends the Counties Code and the Code of Civil Procedure to reenact provisions without the changes made by Public Act 98-1132, which was held unconstitutional by the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Purpose. | 5 | | (a) The General Assembly finds and declares that:
| 6 | | (1) "An Act concerning courts", Public Act 98-1132, | 7 | | approved December 19, 2014, amended Section 4-11001 of the | 8 | | Counties Code and Section 2-1105 of the Code of Civil | 9 | | Procedure.
| 10 | | (2) In
Kakos v. Butler, 2016 IL 120377, the Illinois | 11 | | Supreme
Court held
that Public Act 98-1132 is void in its | 12 | | entirety.
| 13 | | (b) It is the purpose of this Act to reenact Section | 14 | | 4-11001 of the Counties Code and Section 2-1105 without the | 15 | | changes made by Public Act 98-1132.
| 16 | | (c) This Act is not intended to
supersede any other Public | 17 | | Act of the 101st General Assembly. | 18 | | Section 5. The Counties Code is amended by reenacting | 19 | | Section 4-11001 as follows:
| 20 | | (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
| 21 | | Sec. 4-11001. Juror fees. Each county
shall pay to grand | 22 | | and petit jurors for their services
in attending courts the sum |
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| 1 | | of $4 for each day of necessary attendance at
such courts as | 2 | | jurors in counties of the first class, the sum of $5 for
each | 3 | | day in counties of the second class, and the sum of $10 for | 4 | | each
day in counties of the third class, or such higher amount | 5 | | as may be fixed by
the county board.
| 6 | | In addition, jurors shall receive such travel expense as
| 7 | | may be determined by the county board, provided that jurors in
| 8 | | counties of the first class and second class shall receive at
| 9 | | least 10 cents per mile for their travel expense.
Mileage shall | 10 | | be allowed for travel during a juror's term as well as for
| 11 | | travel at the opening and closing of his term.
| 12 | | If a judge so orders, a juror
shall also receive | 13 | | reimbursement for the actual cost of day care incurred by
the | 14 | | juror during his or her service on a jury.
| 15 | | The juror fees for service, transportation, and day care | 16 | | shall be paid out
of the county treasury.
| 17 | | The clerk of the court shall
furnish to each juror without | 18 | | fee whenever he is discharged a certificate
of the number of | 19 | | days' attendance at court, and upon presentation thereof
to the | 20 | | county treasurer, he shall pay to the juror the sum
provided | 21 | | for his service.
| 22 | | Any juror may elect to waive the fee paid for service, | 23 | | transportation, or day care, or any combination thereof. | 24 | | (Source: P.A. 97-840, eff. 1-1-13.) | 25 | | Section 10. The Code of Civil Procedure is amended by |
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| 1 | | reenacting Section 2-1105 as follows:
| 2 | | (735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
| 3 | | Sec. 2-1105. Jury demand. | 4 | | (a) A plaintiff desirous of a trial by jury must file
a | 5 | | demand therefor with the clerk at the time the action is | 6 | | commenced. A
defendant desirous of a trial by jury must file a | 7 | | demand therefor not
later than the filing of his or her answer. | 8 | | Otherwise, the party waives a
jury. If an action is filed | 9 | | seeking equitable relief and the court
thereafter determines | 10 | | that one or more of the parties is or are entitled
to a trial by | 11 | | jury, the plaintiff, within 3 days from the entry of such
order | 12 | | by the court, or the defendant, within 6 days from the entry of
| 13 | | such order by the court, may file his or her demand for trial | 14 | | by jury with the
clerk of the court. If the plaintiff files a | 15 | | jury demand and thereafter
waives a jury, any defendant and, in | 16 | | the case of multiple defendants, if
the defendant who filed a | 17 | | jury demand thereafter waives a jury, any
other defendant shall | 18 | | be granted a jury trial upon demand therefor made
promptly | 19 | | after being advised of the waiver and upon payment of the
| 20 | | proper fees, if any, to the clerk.
| 21 | | (b) All jury cases where the claim for damages is $50,000 | 22 | | or less shall be tried by a jury of 6, unless either party | 23 | | demands a
jury of 12. If a fee in connection with a jury demand | 24 | | is required by
statute or rule of court, the fee for a jury of 6 | 25 | | shall be 1/2 the
fee for a jury of 12. A party demanding a jury |
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| 1 | | of 12 after another party
has paid the applicable fee for a | 2 | | jury of 6 shall pay the remaining
1/2 of the fee applicable to | 3 | | a jury of 12.
| 4 | | (Source: P.A. 94-206, eff. 1-1-06.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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