Full Text of HB3256 99th General Assembly
HB3256 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3256 Introduced , by Rep. Ron Sandack 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 reverse the changes made by Public Act 98-1132 to provisions governing jury size and compensation. Effective June 1, 2015.
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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 5. The Counties Code is amended by changing Section | 5 | | 4-11001 as follows:
| 6 | | (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
| 7 | | (Text of Section before amendment by P.A. 98-1132 )
| 8 | | Sec. 4-11001. Juror fees. Each county
shall pay to grand | 9 | | and petit jurors for their services
in attending courts the sum | 10 | | of $4 for each day of necessary attendance at
such courts as | 11 | | jurors in counties of the first class, the sum of $5 for
each | 12 | | day in counties of the second class, and the sum of $10 for | 13 | | each
day in counties of the third class, or such higher amount | 14 | | as may be fixed by
the county board.
| 15 | | In addition, jurors shall receive such travel expense as
| 16 | | may be determined by the county board, provided that jurors in
| 17 | | counties of the first class and second class shall receive at
| 18 | | least 10 cents per mile for their travel expense.
Mileage shall | 19 | | be allowed for travel during a juror's term as well as for
| 20 | | travel at the opening and closing of his term.
| 21 | | If a judge so orders, a juror
shall also receive | 22 | | reimbursement for the actual cost of day care incurred by
the | 23 | | juror during his or her service on a jury.
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| 1 | | The juror fees for service, transportation, and day care | 2 | | shall be paid out
of the county treasury.
| 3 | | The clerk of the court shall
furnish to each juror without | 4 | | fee whenever he is discharged a certificate
of the number of | 5 | | days' attendance at court, and upon presentation thereof
to the | 6 | | county treasurer, he shall pay to the juror the sum
provided | 7 | | for his service.
| 8 | | Any juror may elect to waive the fee paid for service, | 9 | | transportation, or day care, or any combination thereof. | 10 | | (Source: P.A. 97-840, eff. 1-1-13.)
| 11 | | (Text of Section after amendment by P.A. 98-1132 )
| 12 | | Sec. 4-11001. Juror fees. Each county
shall pay to grand | 13 | | and petit jurors for their services
in attending courts the sum | 14 | | of $4 sums of $25 for the first day and thereafter $50 for each | 15 | | day of necessary attendance at
such courts as jurors in | 16 | | counties of the first class, the sum of $5 for
each day in | 17 | | counties of the second class, and the sum of $10 for each
day | 18 | | in counties of the third class , or such higher amount as may be | 19 | | fixed by
the county board.
| 20 | | In addition, jurors shall receive such travel expense as
| 21 | | may be determined by the county board, provided that jurors in
| 22 | | counties of the first class and second class shall receive at
| 23 | | least 10 cents per mile for their travel expense.
Mileage shall | 24 | | be allowed for travel during a juror's term as well as for
| 25 | | travel at the opening and closing of his or her term. |
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| 1 | | If a judge so orders, a juror
shall also receive | 2 | | reimbursement for the actual cost of day care incurred by
the | 3 | | juror during his or her service on a jury.
| 4 | | The juror fees for service , transportation, and day care | 5 | | shall be paid out
of the county treasury.
| 6 | | The clerk of the court shall
furnish to each juror without | 7 | | fee whenever he is discharged a certificate
of the number of | 8 | | days' attendance at court, and upon presentation thereof
to the | 9 | | county treasurer, he shall pay to the juror the sum
provided | 10 | | for his service.
| 11 | | Any juror may elect to waive the fee paid for service, | 12 | | transportation, or day care, or any combination thereof. | 13 | | (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
| 14 | | Section 10. The Code of Civil Procedure is amended by | 15 | | changing Section 2-1105 as follows:
| 16 | | (735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
| 17 | | (Text of Section before amendment by P.A. 98-1132 )
| 18 | | Sec. 2-1105. Jury demand. | 19 | | (a) A plaintiff desirous of a trial by jury must file
a | 20 | | demand therefor with the clerk at the time the action is | 21 | | commenced. A
defendant desirous of a trial by jury must file a | 22 | | demand therefor not
later than the filing of his or her answer. | 23 | | Otherwise, the party waives a
jury. If an action is filed | 24 | | seeking equitable relief and the court
thereafter determines |
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| 1 | | that one or more of the parties is or are entitled
to a trial by | 2 | | jury, the plaintiff, within 3 days from the entry of such
order | 3 | | by the court, or the defendant, within 6 days from the entry of
| 4 | | such order by the court, may file his or her demand for trial | 5 | | by jury with the
clerk of the court. If the plaintiff files a | 6 | | jury demand and thereafter
waives a jury, any defendant and, in | 7 | | the case of multiple defendants, if
the defendant who filed a | 8 | | jury demand thereafter waives a jury, any
other defendant shall | 9 | | be granted a jury trial upon demand therefor made
promptly | 10 | | after being advised of the waiver and upon payment of the
| 11 | | proper fees, if any, to the clerk.
| 12 | | (b) All jury cases where the claim for damages is $50,000 | 13 | | or less shall be tried by a jury of 6, unless either party | 14 | | demands a
jury of 12. If a fee in connection with a jury demand | 15 | | is required by
statute or rule of court, the fee for a jury of 6 | 16 | | shall be 1/2 the
fee for a jury of 12. A party demanding a jury | 17 | | of 12 after another party
has paid the applicable fee for a | 18 | | jury of 6 shall pay the remaining
1/2 of the fee applicable to | 19 | | a jury of 12.
| 20 | | (Source: P.A. 94-206, eff. 1-1-06.)
| 21 | | (Text of Section after amendment by P.A. 98-1132 )
| 22 | | Sec. 2-1105. Jury demand. | 23 | | (a) A plaintiff desirous of a trial by jury must file
a | 24 | | demand therefor with the clerk at the time the action is | 25 | | commenced. A
defendant desirous of a trial by jury must file a |
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| 1 | | demand therefor not
later than the filing of his or her answer. | 2 | | Otherwise, the party waives a
jury. If an action is filed | 3 | | seeking equitable relief and the court
thereafter determines | 4 | | that one or more of the parties is or are entitled
to a trial by | 5 | | jury, the plaintiff, within 3 days from the entry of such
order | 6 | | by the court, or the defendant, within 6 days from the entry of
| 7 | | such order by the court, may file his or her demand for trial | 8 | | by jury with the
clerk of the court. If the plaintiff files a | 9 | | jury demand and thereafter
waives a jury, any defendant and, in | 10 | | the case of multiple defendants, if
the defendant who filed a | 11 | | jury demand thereafter waives a jury, any
other defendant shall | 12 | | be granted a jury trial upon demand therefor made
promptly | 13 | | after being advised of the waiver and upon payment of the
| 14 | | proper fees, if any, to the clerk.
| 15 | | (b) All jury cases where the claim for damages is $50,000 | 16 | | or less shall be tried by a jury of 6 , unless either party | 17 | | demands a
jury of 12. If a fee in connection with a jury demand | 18 | | is required by
statute or rule of court, the fee for a jury of 6 | 19 | | shall be 1/2 the
fee for a jury of 12. A party demanding a jury | 20 | | of 12 after another party
has paid the applicable fee for a | 21 | | jury of 6 shall pay the remaining
1/2 of the fee applicable to | 22 | | a jury of 12 . If alternate jurors are requested, an additional | 23 | | fee established by the county shall be charged for each | 24 | | alternate juror requested. For all cases filed prior to the | 25 | | effective date of this amendatory Act of the 98th General | 26 | | Assembly, if a party has paid for a jury of 12, that party may |
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| 1 | | demand a jury of 12 upon proof of payment.
| 2 | | (Source: P.A. 98-1132, eff. 6-1-15.)
| 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act.
| 10 | | Section 99. Effective date. This Act takes effect June 1, | 11 | | 2015.
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