(705 ILCS 305/0.01) (from Ch. 78, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Jury Act.
(Source: P.A. 86-1324.)
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(705 ILCS 305/1) (from Ch. 78, par. 1)
Sec. 1.
The county board of each county, except those counties which
have a jury administrator or
jury commissioners
as provided in the Jury Commission Act, shall, at or before the time of its
meeting, in
September, in each year, or at any time thereafter, when necessary for
the purpose of this Act, make a list of the legal voters and the
Illinois driver's license, Illinois Identification Card, and Illinois
Person with a Disability Identification Card holders, and the claimants for unemployment insurance of the county, giving the place
of
residence of each name on the list, to be known as a jury list. The list
shall be made by choosing every tenth name, or other whole number rate
necessary to obtain the number required, from the latest voter registration
and drivers license, Illinois Identification Card, and Illinois
Person with a Disability Identification Card holders and claimants for unemployment insurance lists of the county. In compiling the jury
list, duplication of names shall be avoided to the extent practicable.
As used in this Act, "jury administrator" is defined as under Section 0.05
of the Jury Commission Act.
(Source: P.A. 97-34, eff. 1-1-12; 97-1064, eff. 1-1-13.)
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(705 ILCS 305/1a) (from Ch. 78, par. 1a)
Sec. 1a.
Driver's license, Illinois Identification Card, and Illinois
Person with a Disability Identification Card lists. Driver's license, Illinois
Identification Card, and Illinois Person with a Disability Identification Card
holder's lists used
for the preparation of jury lists, as provided in Section 1 of this Act,
shall be furnished to either the Administrative Office of the Illinois
Courts, or the county board of each county, except those counties
which have jury commissioners as provided in the Jury Commission Act, by the Secretary of State from records
in his office. The lists shall contain a list of the persons in
that county
holding valid driver's licenses, Illinois Identification Cards, or Illinois
Person with a Disability Identification Cards who are 18 years of age or older and
shall
be arranged alphabetically, by county, and shall contain the name, age, and
address of each driver's license, Illinois Identification Card, or Illinois
Person with a Disability Identification Card holder on the list, and the date of
issuance of each license.
(Source: P.A. 97-1064, eff. 1-1-13.)
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(705 ILCS 305/1a-1) Sec. 1a-1. List of claimants for unemployment insurance. The Director of the Department of Employment Security shall annually compile a list of persons age 18 or older, who, in the prior 12 months, filed a claim for unemployment insurance and shall furnish this list to the Administrative Office of the Illinois Courts and the Administrative Office of the Illinois Courts shall furnish that list to the county board of each county, except those counties which have jury commissions as provided in the Jury Commission Act, for use in the preparation of jury lists as provided in Section 1 of this Act. The list shall be in the format currently prescribed by the Administrative Office of the Illinois Courts and shall be provided subject to federal regulations.
(Source: P.A. 97-34, eff. 1-1-12.) |
(705 ILCS 305/1b) (from Ch. 78, par. 1b)
Sec. 1b.
The combination of the lists of registered voters, driver's
license, Illinois Identification Card, or Illinois Person
with a Disability Identification Card holders, and claimants for unemployment insurance and the preparation of jury lists under this Act
shall,
when requested by the Chief Judge or his designee, be accomplished through
the services of the Administrative Office of the Illinois Courts.
(Source: P.A. 97-34, eff. 1-1-12; 97-1064, eff. 1-1-13.)
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(705 ILCS 305/2) (from Ch. 78, par. 2)
Sec. 2. Jury qualifications. (a) At the September meeting of the county board in each year in the
respective counties in this State, except those that have
jury
commissioners, the board shall select from the
list
the number of persons
as the judges of the circuit courts, to be held in the county
during the
succeeding year, may by joint action determine to serve as petit jurors. In
counties having jury commissioners, the persons to serve as petit jurors
shall be selected by the jury commissioners, as provided by law. County
boards, a jury administrator,
and jury
commissioners may utilize
the services of the
Administrative Office of the Illinois Courts in making these selections.
Jurors in all counties in Illinois must have the legal qualifications
herein prescribed. Jurors must be:
(1) Inhabitants of the county.
(2) Of the age of 18 years or upwards.
(3) Free from all legal exception, of fair character, | ||
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(4) Citizens of the United States of America.
(b) Except as otherwise specifically provided by statute, no person who is qualified and able to serve as a juror may be excluded from jury service in any court of this State on the basis of race, color, religion, sex, national origin, sexual orientation, or economic status. As used in this subsection, "religion", "sex", "sexual orientation", and "national origin" have the meanings provided in Section 1-103 of the Illinois Human Rights Act.(Source: P.A. 100-228, eff. 1-1-18; 101-327, eff. 1-1-20.)
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(705 ILCS 305/3) (from Ch. 78, par. 3)
Sec. 3.
If, for any reason, the list or the selection provided for in the
foregoing sections of this act shall not be made at the meeting of the
board held at the time specified, such list or selection shall be made at
any meeting to be held as soon thereafter as may be.
(Source: R.S. 1874, p. 630.)
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(705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
Sec. 4.1.
Jury duty; notice to employer; right to time off.
(a) Any person who is not legally disqualified to serve on juries, and has
been duly summoned for jury duty for either petit or grand jury service,
shall be given time off from employment to serve upon the jury for which such
employee is summoned, regardless of the employment shift such employee is
assigned to at the time of service of such summons. An employee shall
give his employer reasonable notice of required jury service. An employer
may not deny an employee time off for jury duty because such employee is
then assigned to work a night shift of employment, that is, an employer
cannot require a night shift worker to work while such employee is doing
jury duty in the daytime.
(b) No employer shall discharge, threaten to discharge, intimidate or
coerce any employee by reason of the employee's jury service, or the
attendance or scheduled attendance in connection with such service, in any
court of this State.
(c) If an employee gives reasonable notice of required jury service, any
employer who violates the provisions of this Section:
(1) may be charged with contempt of court. In such | ||
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(2) shall be liable for damages for any loss of wages | ||
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(3) may be enjoined from further violations of this | ||
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As used in this Section, "reasonable notice of required jury service"
means that the employee summoned for jury duty must deliver to the employer
a copy of the summons within 10 days of the date of issuance of the summons
to the employee.
(d) Any individual who is reinstated to a position of employment in
accordance with this Section shall be considered as having been on furlough or
leave of absence during his period of jury service, shall be reinstated to
his position of employment without loss of seniority, and shall be entitled
to participate in insurance or other benefits offered by the employer under
established rules and practices relating to employees on furlough or leave
of absence in effect with the employer at the time the individual entered
upon jury service.
(e) In any action or proceeding under this Section, the court may award
a prevailing employee who brings the action by retained counsel a
reasonable attorney's fee.
(f) Any right or remedy provided in this Section is in addition to any
right or remedy otherwise provided by law to an employee.
(g) No employer shall be obligated to compensate an employee for time
taken off for jury duty.
(h) The official responsible for issuing the summons may advise the
juror of his rights under this Act by printed insert with the summons or on
the summons itself.
(Source: P.A. 86-1395; 87-616.)
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(705 ILCS 305/5) (from Ch. 78, par. 5)
Sec. 5.
At the time of making such selection, the name of the person
selected shall be checked off from such list, and shall not be again
selected as a juror till every person named upon such list qualified to
serve as a juror has been selected; and all subsequent selections of jurors
by such board shall be made from such list until all persons thereon
qualified to serve have been selected, or until a new list is made:
Provided, if any person who has been selected as a juror shall not have
been drawn, or have served upon a jury during the year for which he was
selected, he shall, if qualified, be selected for the next year.
(Source: P.A. 86-1053.)
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(705 ILCS 305/6) (from Ch. 78, par. 6)
Sec. 6.
As often as such jury list shall have been exhausted, another such
list shall be furnished as hereinbefore provided; and as often as such
selection shall have been exhausted another selection shall be made as
provided in Section 2 of this Act, at any meeting of the county board in
the respective counties in this State except those which have jury
commissioners; such subsequent selection so to be made shall consist of the
names of such number of persons as the judges of the circuit court, to be
held between the time of such selection and the next September meeting of
such board, may by joint action determine. The clerk of the circuit courts
at such times as the respective judges of such courts may direct, shall
furnish the county clerk a list of all persons who have served as jurors in
their respective courts.
(Source: Laws 1965, p. 3574.)
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(705 ILCS 305/7) (from Ch. 78, par. 7)
Sec. 7.
A list of jurors so selected shall be kept in the office of the
county clerk, who shall write the name and residence of each person
selected upon a separate ticket and put the whole into a box to be kept for
that purpose.
(Source: R.S. 1874, p. 630.)
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(705 ILCS 305/8) (from Ch. 78, par. 8)
Sec. 8.
(a) Upon a day designated by the judge of the court, which shall
be at least 20 days before the first day for which any of the panel then to
be drawn is summoned, the clerk of such court shall repair to the office of
the county clerk, and in the presence of a judge and of such county clerk,
after the box containing the names has been well shaken by the county
clerk, and being blindfolded shall, without partiality, draw from such box
the names of a sufficient number of such persons, then residents of the
county, not less than 30 for each 2 weeks that such court will probably be
in session for the trial of common law cases, to constitute the petit
jurors for the time being and where there is an additional judge in such
court, a like number for each additional judge requiring a jury, unless the
court shall otherwise order: Provided, that the clerk shall at any time,
when directed by an order of the court draw in the manner above provided,
such number of persons then residents of the county, as shall be required
by the order to act as petit jurors in such court for such time as may be
fixed in such order: And provided, that should the clerk draw from the box
the name of a person who is known to be dead, to have been selected as a
grand juror, a non-resident, absent from the State, unable to attend in
consequence of illness, or that he is legally disqualified to serve as a
juror, the clerk shall report the name of such person to the county clerk,
and the clerk of such court shall draw other names until the required
number have been selected: Provided, also that whenever there is pending
for trial in any of the courts, any criminal cause wherein the defendant is
charged with a felony, and the judge holding such court is convinced from
the circumstances of the case that a jury cannot be obtained from the
regular panel to try the cause, the judge may in his discretion, prior to
the day fixed for the trial of the cause, direct the clerk to draw (in the
same manner as the regular panel is drawn,) not exceeding 100 names as a
special panel from which a jury may be selected to try the cause.
(b) Notwithstanding the provisions of subsection (a), names of jurors
may be randomly drawn by computer.
(Source: P.A. 86-1053.)
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(705 ILCS 305/9) (from Ch. 78, par. 9)
Sec. 9.
In other than single county circuits, if a grand jury is required by
law or by the order of the judge for any court, the county board in each
of the counties in this State wherein such court is directed to be held,
at least 20 days before the time of appearance specified in the summons
hereinafter mentioned shall select 16 persons possessing the
qualifications provided in Section 2 of this Act, by lot from the jury
list, to serve as grand jurors; the panel of the 16 persons so selected
to be known as the regular panel; and shall at the same time, in like
manner, select 12 additional persons possessing such qualifications, the
panel of the 12 additional persons so selected to be known as the
supplemental panel; and cause their clerk within 5 days thereafter to
certify the 2 panels properly identified as the regular panel and
supplemental panel, respectively, to the clerk of the court for which
they are selected, who shall issue a summons to each of the 16 persons
so selected for the regular panel, at least 10 days before the time
hereinafter mentioned, commanding him to appear before such court at or
before 11:00 a. m. upon the date of appearance of the grand jurors
established pursuant to Section 112-3 of the "Code of Criminal Procedure
of 1963", approved August 14, 1963, as now and hereafter amended, to
constitute a grand jury. The clerk of the court issuing such summons shall
follow the procedure he selects or is directed by the court to select from
among those permitted by this Section.
The issuing clerk may use first class mail as the initial form of summons,
incorporating any reasonable form of request for acknowledgement which is
deemed practical and which would provide a reliable proof of service. One
permissible method is the use of a duplex card properly addressed to the
person summoned to be a juror and requesting the person so summoned to detach
and return to the issuing clerk the part of the duplex card which is attached
for his acknowledgement with his signature thereon. As used in this Section,
a "duplex card" means any postcard with 2 mailable parts with a summons
on one part and a detachable acknowledgement of receipt of such summons
on the other part.
The issuing clerk may use certified mail as the initial means of service
or as a secondary means of service in case the acknowledgement requested
in a summons delivered by first class mail is not returned in the time period
required. The certified mail may or may not be marked for delivery to the
addressee only. The certificate of the issuing clerk that he has sent the
summons in pursuance of this Section is evidence that he has done so. If
the person summoned to be a juror does not return the acknowledgement of
the summons in the time period requested, such prospective juror shall not
be deemed guilty of contempt of court.
If service of summons cannot be made by the type of mail service selected,
the clerk of the court issuing such summons shall, as soon as such fact
is determined, re-issue such summons and deliver it to the
sheriff of the county wherein the court is to be held,
at least 10 days before the time of appearance hereinafter mentioned a
summons commanding him to summon the person named therein so selected
for the regular panel to appear before such court at or before the hour
of 11:00 a. m. upon the date of appearance of the grand jurors
established pursuant to Section 112-3 of the "Code of Criminal Procedure
of 1963", approved August 14, 1963, as now and hereafter amended, to
constitute a grand jury or at such time and date as the court may order
for such re-issued summons. The sheriff shall serve such summons in the
manner provided in Section 11 of this Act, for service of summons by the
sheriff on petit jurors, and for any refusal or neglect so to do, shall
be deemed guilty of contempt of court and may be fined therefor as
provided in Section 11 of this Act, for default in summoning petit
jurors. If for any reason the panel is not full at the opening of such
court, the judge shall direct the sheriff to summon, at random, such
number of persons named in the supplemental panel as the judge may
determine to make available to fill the panel of grand jurors, and if
the supplemental panel be exhausted without filling the grand jury
panel, the judge shall select by lot from the jury list and direct the
sheriff to summon a sufficient number of persons having the
qualifications of jurors, as provided by this Act, to fill the panel;
however, the court or judge may direct the clerk, at any time prior to
the issuance of the summons for the regular panel, to include in the
summons any specified number of the names listed on the supplemental
panel, in the order in which they appear, starting with the first and
counting consecutively, so that the persons so designated may be
available in court for the filling of the grand jury panel, in which
case the clerk shall also summon such supplemental panelist as is provided
in this Section for service on regular panel
selections. In counties having jury commissioners, the names of the
persons to constitute the regular and supplemental panels shall be drawn
in the manner provided for the drawing of names of persons to serve as
petit jurors in such counties; the 16 names to provide the regular panel
shall be first drawn, and thereupon 12 names for the supplemental panel
shall be drawn and listed on that panel in the order in which they are drawn.
(Source: P.A. 85-690.)
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(705 ILCS 305/9.1) (from Ch. 78, par. 9.1)
Sec. 9.1.
In single county circuits, if a grand jury is required by law
or by the order of the judge for any court, the county board in each of the
counties in this State wherein such court is directed to be held, at
least 20 days before the time of appearance specified in the summons
hereinafter mentioned shall select 16 persons possessing the
qualifications provided in Section 2 of this Act, by lot from the jury
list, to serve as grand jurors; the panel of the 16 persons so selected
to be known as the regular panel; and shall at the same time, in like
manner, select 12 additional persons possessing such qualifications, the
panel of the 12 additional persons so selected to be known as the
supplemental panel; and cause their clerk within 5 days thereafter to
certify the 2 panels properly identified as the regular panel and
supplemental panel, respectively, to the clerk of the court for which
they are selected, who shall issue a summons to each of the 16 persons
so selected for the regular panel at least 10 days before the time hereinafter
mentioned, commanding him to appear before such
court at an hour directed by the judge upon the date of appearance
of the grand jurors established pursuant to Section 112-3 of the "Code
of Criminal Procedure of 1963", approved August 14, 1963, as now and
hereafter amended, to constitute a grand jury. The clerk of the court issuing
such summons shall follow the procedure he selects or is directed by the
court to select from among those permitted by this Section.
The issuing clerk may use first class mail as the initial form of summons,
incorporating any reasonable form of request for acknowledgement which is
deemed practical and which would provide a reliable proof of service. One
permissible method is the use of a duplex card properly addressed to the
person summoned to be a juror and requesting the person so summoned to detach
and return to the issuing clerk the part of the duplex card which is attached
for his acknowledgement with his signature thereon. As used in this Section,
a "duplex card" means any postcard with 2 mailable parts with a summons
on one part and a detachable acknowledgement of receipt of such summons
on the other part.
The issuing clerk may use certified mail as the initial means of service
or as a secondary means of service in case the acknowledgement requested
in a summons delivered by first class mail is not returned in the time period
required. The certified mail may or may not be marked for delivery to the
addressee only. The certificate of the issuing clerk that he has sent the
summons pursuant to this Section is evidence that he has done so. If the
person summoned to be a juror does not return the acknowledgement of the
summons in the time period requested, such prospective juror shall not be
deemed guilty of contempt of court.
If service of summons cannot be made by the type of service selected
the clerk of the court issuing such summons shall as soon as such fact is
determined reissue such summons and deliver it to the sheriff of the county.
At least 10 days before the time of appearance hereinafter mentioned the
sheriff shall serve such summons on the person named therein so selected
for the regular panel to appear before such court at an hour directed by
the judge upon the date of appearance of the grand jurors established pursuant
to Section 112-3 of the "Code of Criminal Procedure of 1963", approved August
14, 1963, as now or hereafter amended, to constitute a grand jury or at
such time and date as the court may order for such reissued summons.
The sheriff shall serve such summons in the manner provided in Section
11 of this Act, for
service of summons on petit jurors, and for any refusal or neglect so to
do, shall be deemed guilty of contempt of court and may be fined
therefor as provided in Section 11 of this Act, for default in summoning
petit jurors. If for any reason the panel is not full at the opening of
such court, the judge shall direct the sheriff to summon, at random,
such number of persons named in the supplemental panel as the judge may
determine to make available to fill the panel of grand jurors, and if
the supplemental panel be exhausted without filling the grand jury
panel, the judge shall select by lot from the jury list and direct the
sheriff to summon a sufficient number of persons having the
qualifications of jurors, as provided by this Act, to fill the panel;
however, the court or judge may direct the clerk, at any time prior to
the issuance of the summons for the regular panel, to include in the
summons any specified number of the names listed on the supplemental
panel, in the order in which they appear, starting with the first and
counting consecutively, so that the persons so designated may be
available in court for the filling of the grand jury panel. In counties
having jury commissioners, the names of the persons to constitute the
regular and supplemental panels shall be drawn in the manner provided
for the drawing of names of persons to serve as petit jurors in such
counties; the 16 names to provide the regular panel shall be first drawn
and thereupon 12 names for the supplemental panel shall be drawn and
listed on that panel in the order in which they are drawn.
(Source: P.A. 85-690.)
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(705 ILCS 305/10) (from Ch. 78, par. 10)
Sec. 10.
In other than single county circuits, the clerk of the court shall,
within 5 days after such drawing, issue summons for a sufficient number
of petit jurors, not less than 30 of the persons so drawn, giving their
residences and commanding them, to appear at the place of holding such
court, at the hour of 10:00 a. m. of such day as the judge shall direct,
and a like number to appear at the same place and hour 2 weeks after the
time at which the former number of jurors were summoned to appear, and
the same number for each 2 weeks thereafter the court will probably be
in session, which summons shall be served before the sitting of the
court by the issuing clerk as provided in this Section.
The issuing clerk may use first class mail as the initial form of summons,
incorporating any reasonable form of request for acknowledgement which is
deemed practical and which would provide a reliable proof of service. One
permissible method is the use of a duplex card properly addressed to the
person summoned to be a juror and requesting the person so summoned to detach
and return to the issuing clerk the part of the duplex card which is attached
for his acknowledgement with his signature thereon. As used in this Section,
a "duplex card" means any postcard with 2 mailable parts with a summons
on one part and a detachable acknowledgement of receipt of such summons
on the other part.
The issuing clerk may use certified mail as the initial means of service
or as a secondary means of service in case the acknowledgement requested
in a summons delivered by first class mail is not returned in the time period
required. The certified mail may or may not be marked for delivery to the
addressee only. If the person summoned to be a juror does not return the
acknowledgement of the summons in the time period requested, such prospective
juror shall not be deemed guilty of contempt of court.
The certificate of the issuing clerk that he has sent the summons in
pursuance of this Section is evidence that he has done so. If service of
summons cannot be made by the type of mail service selected, the issuing clerk, shall
re-issue such summons that has been returned undelivered and deliver it
to the sheriff of the county wherein the court is to be held and he
shall make service and return thereof to such issuing clerk of the
court.
(Source: P.A. 80-780.)
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(705 ILCS 305/10.1) (from Ch. 78, par. 10.1)
Sec. 10.1.
In single county circuits, the clerk of the court shall,
within 5 days after such drawing, issue summons for a sufficient number
of petit jurors, not less than 30 of the persons so drawn, giving their
residences, and commanding them to appear at the place of holding such
court, at an hour of such day as the judge shall direct, and a like
number to appear at the same place and hour at which the former number
of jurors were summoned to appear, and the same number for each period
thereafter the court will probably be in session, which summons shall be
served before the sitting of the court by the issuing clerk.
The clerk issuing such summons shall follow the procedure he selects
or is directed by the court to select among those permitted by this
Section.
The issuing clerk may use first class mail as the initial form of
summons, incorporating any reasonable form of request for
acknowledgment which is deemed practical and which would provide a
reliable proof of service. One permissible method is the use of a
duplex card properly addressed to the person summoned to be a juror and
requesting the person so summoned to detach and return to the issuing
clerk the part of the duplex card which is attached for his
acknowledgment with his signature thereon. As used in this Section, a
"duplex card" means any postcard with 2 mailable parts with a summons on
one part and a detachable acknowledgment of receipt of such summons on
the other part. If the person summoned to be a juror does not return
the acknowledgment of the summons in the time period requested, such
prospective juror shall not be deemed guilty of contempt of court.
The issuing clerk may use certified mail as the initial means of
service or as a secondary means of service in case the acknowledgment
requested in a summons delivered by first class mail is not returned in
the time period required. The certified mail may or may not be marked
for delivery to the addressee only.
The certificate of the issuing clerk that he has sent the summons
pursuant to this Section is evidence that he has done so. If service of
summons cannot be made by the type of mail service selected, the issuing
clerk shall reissue such summons and deliver it to the sheriff and he
shall make service and return thereof to such issuing clerk of the
court.
(Source: P.A. 80-1495.)
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(705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
Sec. 10.2.
Excusing prospective jurors; hardship.
(a) The county boards of the respective counties, the jury
commissioners for those counties which have been appointed under the Jury
Commission Act,
or a jury administrator
shall submit
questionnaires to prospective jurors to inquire as to their qualifications
for jury service and as to the hardship that jury service would pose to the
prospective jurors. Upon prior approval by the chief judge of the judicial
circuits in which a county board, jury administrator,
or jury commissioners are situated, the
county board, jury administrator,
or jury commissioners shall excuse a prospective juror from jury
service if the prospective juror shows that such
service would impose an undue hardship
on account of the nature of the prospective juror's occupation, business
affairs, physical health, family situation, active duty in the Illinois
National Guard or Illinois Naval Militia, or other personal affairs, and
cause his or her name to be returned to the jury list or general jury list.
(b) When an undue hardship caused by a family situation is due to the
prospective juror being the primary care giver of a person with a mental or
physical disability, a person with a medically diagnosed behavior problem, or a
child under age 12, then the county board, jury commissioners or jury
administrator shall excuse such a prospective juror, if it finds that no
reasonable alternative care is feasible which would not impose an undue
hardship on the prospective juror or the person for whom the prospective juror
is providing care, or both.
(Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)
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(705 ILCS 305/10.3) Sec. 10.3. Excusing prospective jurors; nursing mothers. Any mother nursing her child shall, upon request, be excused from jury service.
(Source: P.A. 94-391, eff. 1-1-06.) |
(705 ILCS 305/10.4) Sec. 10.4. Removal of prospective juror due to total and permanent disability. If a prospective juror is found to be unqualified due to the existence of a total and permanent disability or is excused for undue hardship that is due to the existence of a total and permanent disability, the county board, jury administrator, or jury commissioners shall permanently exclude the prospective juror from all current and subsequent jury lists or general jury lists. Proof of total and permanent disability shall be either: (1) a written letter from a licensed physician that | ||
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(2) a copy of an individualized education program | ||
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(3) a copy of a court order for guardianship showing | ||
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The county board, jury administrator, or jury commissioners shall create and maintain a list of persons to be permanently excluded from any jury list or general jury list pursuant to this Section. The county board, jury administrator, or jury commissioners shall notify a prospective juror, or his or her legal guardian, when the juror is permanently excluded from all current and subsequent jury lists or general jury lists due to total and permanent disability. For the purposes of this Section, "total and permanent disability" means any physical or mental impairment, disease, or loss of a permanent nature that prevents performance of the duties of a juror. "Total and permanent disability" does not include an impairment or disease that is transitory or minor in nature or is capable of being improved.
(Source: P.A. 99-102, eff. 1-1-16.) |
(705 ILCS 305/11) (from Ch. 78, par. 11)
Sec. 11.
In other than single county circuits, where the sheriff serves the
summons provided for in this Act it shall be the duty of the sheriff to
execute the summons by reading the same or delivering a copy thereof to, or
at the usual place of abode of, each of the persons directed to be summoned
to constitute the jury as aforesaid, and to make return thereof on or
before the return day, to the clerk of the court in which said jurors are
to serve, with an endorsement thereon, certifying on whom it has been
executed, and the time when; and in default of so doing, such sheriff or
other officer shall be considered as guilty of a contempt, and may be
fined, for the use of the proper county, in any sum not less than $10 nor
more than $200; and it shall be the duty of the court, upon the return of
such summons, to inquire into the cause of any failure to serve any such
juror, and unless he shall find that the sheriff has used proper diligence
to serve such juror, he shall inflict the fine aforesaid. In a copy of said
summons it shall not be necessary to enter the names and residences of all
the jurors, but shall be sufficient to recite the name and residence of the
person to be served by such copy, and adding thereto: Among others, as set
forth in the original summons.
(Source: P.A. 78-520.)
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(705 ILCS 305/11.1) (from Ch. 78, par. 11.1)
Sec. 11.1.
In single county circuits, it shall be the duty of the sheriff to
execute the summons by reading the same or delivering a copy thereof to, or
at the usual place of abode of, each of the persons directed to be summoned
to constitute the jury as aforesaid, and to make return thereof on or
before the return day, to the clerk of the court in which said jurors are
to serve, with an endorsement thereon, certifying on whom it has been
executed, and the time when; and in default of so doing, such sheriff or
other officer shall be considered as guilty of a contempt, and may be
fined, for the use of the proper county, in any sum not less than $10 nor
more than $200; and it shall be the duty of the court, upon the return of
such summons, to inquire into the cause of any failure to serve any such
juror, and unless he shall find that the sheriff has used proper diligence
to serve such juror, he shall inflict the fine aforesaid. In a copy of said
summons it shall not be necessary to enter the names and residences of all
the jurors, but shall be sufficient to recite the name and residence of the
person to be served by such copy, and adding thereto: Among others, as set
forth in the original summons.
(Source: P.A. 78-520.)
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(705 ILCS 305/12) (from Ch. 78, par. 12)
Sec. 12.
The judge shall examine the jurors who appear, and if more than
twenty-four petit jurors who are qualified and not subject to any of the
disqualifications provided in this Act, shall
appear and remain after all excuses are allowed, the court may discharge by
lot the number in excess of twenty-four. If for any reason the panel of
petit jurors shall not be full at any time the clerk of such court may
again repair to the office of the county clerk and draw in the same manner
as at the first drawing, such number of jurors as the court shall direct,
to fill such panel, who shall be summoned in the same manner as the others,
and if necessary, jurors may continue to be so drawn and summoned from time
to time until the panel is filled. In case a jury is required in such court
for trial of any cause, before the panel is filled in the manner herein
provided, the court shall direct the sheriff to summon from the bystanders,
or from the body of the county, a sufficient number of persons having the
qualifications of jurors, as provided in this Act, to fill the panel in
order that a jury to try such cause may be drawn therefrom, and when such
jury is drawn, the persons selected from the bystanders or from the body of
the county to fill the panel and not chosen on the jury, shall be
discharged from the panel and those who are chosen to serve on such jury
shall also be discharged from the panel at the conclusion of the trial:
Provided, that persons selected from the bystanders, as provided in this
section, shall not thereby be disqualified or exempt from service as
jurors, when regularly drawn by the clerk for that purpose, in the manner
provided in this Act.
(Source: P.A. 85-407.)
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(705 ILCS 305/13) (from Ch. 78, par. 13)
Sec. 13.
When by reason of challenge in the selection of a jury for the
trial of any cause, or by reason of the sudden sickness or absence of any
juror for any cause, the regular panel is exhausted, the court may direct
the sheriff to summon a sufficient number of persons having the
qualifications of jurors to fill the panel for the pending trial, but upon
objection by either party to the cause to the sheriff summoning a
sufficient number of persons to fill the panel, the court shall appoint a
special bailiff to summon such person: Provided, the same person shall not
be appointed special bailiff more than once in sixty days. Any person who
seeks the position of a juror, or who asks any attorney or other officer of
the court or other person to secure his selection as a juryman, shall be
deemed guilty of a contempt of court, and be fined not exceeding twenty
dollars ($20), and shall thereby be disqualified from serving as a juror
for sixty days thereafter, and such fact shall be sufficient ground for
challenge. Any attorney or party to a suit pending for trial who shall
request or solicit the placing of any person upon a jury, shall be deemed
guilty of a contempt of the court and be fined not exceeding one hundred
dollars ($100.00), and the person so sought to be put upon the jury shall
be disqualified to serve as a juror for sixty days.
(Source: Laws 1933, p. 684.)
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(705 ILCS 305/14) (from Ch. 78, par. 14)
Sec. 14.
It shall be sufficient cause of challenge of a petit juror that he
lacks any one of the qualifications mentioned in Section 2 of this Act;
or if he is not one of the regular panel, that he has served as a juror on
the trial of a cause in any court in the county within one year previous to
the time of his being offered as a juror; or that he is a party to a suit
pending for trial in that court. It shall be the duty of the court to
discharge from the panel all jurors who do not possess the qualifications
provided in this Act, as soon as the fact is discovered. If a person has
served on a jury in a court within one year, he shall be exempt from again
serving during such year, unless he waives such exemption. It shall not be
a cause of challenge that a juror has read in the newspapers an account of
the commission of the crime with which the prisoner is charged, if such
juror shall state on oath that he believes he can render an impartial
verdict according to the law and the evidence. In the trial of any criminal
cause, the fact that a person called as a juror has formed an opinion or
impression, based upon rumor or upon newspaper statements (about the truth
of which he has expressed no opinion,) shall not disqualify him to serve as
a juror in such case, if he shall upon oath state that he believes he can
fairly and impartially render a verdict therein, in accordance with the law
and the evidence, and the court shall be satisfied of the truth of such
statement.
(Source: Laws 1967, p. 3918.)
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(705 ILCS 305/15) (from Ch. 78, par. 15)
Sec. 15.
Every person who shall fail to attend when lawfully summoned
to appear as a grand or petit juror, without having a
reasonable excuse, shall be considered as guilty of a contempt, and
shall be fined by the courts, respectively, in any sum not less than $5
nor more than $100, for the use of the proper county, unless good cause
be shown for such default; and it shall be the duty of the court to
enter an order of attachment, returnable forthwith, against all such
delinquents, and upon the return thereof the court shall proceed to
assess the fine unless the person or persons so attached shall show
good cause for such delinquency: Provided, that the oath or affirmation
of any such delinquent shall, at all times, be received as competent
evidence.
(Source: P.A. 83-346.)
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(705 ILCS 305/16) (from Ch. 78, par. 16)
Sec. 16.
A full panel of the grand jury shall consist of sixteen
persons, twelve of whom shall be sufficient to constitute a grand jury.
(Source: P.A. 85-690.)
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(705 ILCS 305/17) (from Ch. 78, par. 17)
Sec. 17.
After the grand jury is impaneled, it shall be the duty of the
court to appoint a foreman, who shall have power to swear or affirm
witnesses to testify before them, and whose duty it shall be, when the
grand jury, or any nine of them, find a bill of indictment to be
supported by good and sufficient evidence, to indorse thereon "A true
bill;" where they do not find a bill to be supported by sufficient
evidence, to indorse thereon "Not a true bill;" and shall, in either case,
sign his name as foreman, at the foot of said endorsement, and shall also,
in each case in which a true bill shall be returned into court as
aforesaid, note thereon the name or names of the witness or witnesses upon
whose evidence the same shall have been found.
(Source: P.A. 85-690.)
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(705 ILCS 305/18)
Sec. 18. (Repealed).
(Source: R.S. 1874, p. 630. Repealed by P.A. 102-495, eff. 8-20-21.)
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(705 ILCS 305/19) (from Ch. 78, par. 19)
Sec. 19.
No grand jury shall make presentments of their own knowledge, upon
the information of a less number than 2 of their own body, unless the juror
giving the information is previously sworn as a witness, in which event, if
the evidence is deemed sufficient, an indictment may be found thereon
in like manner as upon the evidence of any other witness who may not be a
member of the jury. The judge of the circuit court may order a special
venire to be issued for a grand jury at any time when he is of the opinion
that public justice requires it. The order for such venire shall
be entered on the records of the court by the clerk thereof; and the clerk
shall forthwith issue such venire under his signature and the seal of the
court, and deliver the same to the sheriff, who shall execute the same by
summoning, in the same manner now provided or that may hereafter be
provided by law for summoning jurors, 16 persons, qualified by law, to
constitute a grand jury. Such venire shall state the day on which such
persons shall appear before the court.
(Source: P.A. 85-690.)
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(705 ILCS 305/20) (from Ch. 78, par. 20)
Sec. 20.
(a) It shall be the duty of the clerk of the court at the
commencement of each week at which any cause is to be tried by a jury to
write the name of each petit juror summoned and retained for that week on a
separate ticket, and put the whole into a box or other place for
safekeeping; and as often as it shall be necessary to impanel a jury, the
clerk, sheriff or coroner shall, in the presence of the court, draw by
chance 12 names (or 14 where alternate jurors are required) out of such box
or other place, which shall designate the persons to be sworn on the jury,
and in the same manner for the second jury, in their turn, as the court may
order and direct. The attorney for any party litigant in any cause assigned
to jury trial shall have the right to be present in person at the time and
place when the random selection of jurors for trial of said cause is drawn
by lot to be assigned to the trial judge for voir dire examination; a party
litigant whose attorney is present at the selection process waives any
objection to the selection procedure unless the same is asserted prior to
the time any prospective juror is called for voir dire examination.
(b) Notwithstanding the provisions of subsection (a), names of jurors
may be randomly drawn by computer.
(Source: P.A. 86-1053.)
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(705 ILCS 305/21) (from Ch. 78, par. 21)
Sec. 21.
Upon the impaneling of any jury in any civil cause now pending, or
to be hereafter commenced in any court in this state, it shall be the duty
of the court, upon request of either party to the suit, or upon its own
motion, to order its full number of jurors into the jury box, before either
party shall be required to examine any of the jurors touching their
qualifications to try any such causes: Provided, that the jury shall be
passed upon and accepted in panels of four by the parties, commencing with
the plaintiff. Alternate jurors shall be passed upon separately.
(Source: Laws 1955, p. 1158.)
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(705 ILCS 305/23) (from Ch. 78, par. 23)
Sec. 23.
The provisions of this act shall apply to proceedings in
both civil and criminal cases.
(Source: R.S. 1874, p. 630.)
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