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90_HB0927
705 ILCS 305/24 new
Amends the Jury Act. Provides that names of petit jurors
shall be made available to the public upon request unless the
court determines that a compelling interest requires that the
information be kept confidential. Provides for sealing of
juror records in criminal proceedings. Makes violation of
provisions limiting disclosure of information a Class B
misdemeanor.
LRB9003703DJbd
LRB9003703DJbd
1 AN ACT to amend the Jury Act by adding Section 24.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Jury Act is amended by adding Section 24
5 as follows:
6 (705 ILCS 305/24 new)
7 Sec. 24. Access to juror information.
8 (a) The names of petit jurors drawn from the jury list
9 shall be made available to the public upon request unless the
10 court determines that a compelling interest, as defined in
11 subsection (c), requires that this information should be kept
12 confidential or its use limited in whole or in part.
13 (b) Upon the recording of a jury's verdict in a criminal
14 jury proceeding, the court's record of personal juror
15 identifying information of trial jurors, consisting of names,
16 addresses, and telephone numbers, shall be sealed until
17 further order of the court as provided by this Section. For
18 purposes of this Section, "sealed" or "sealing" means
19 extracting or otherwise removing the personal juror
20 identifying information from the court record.
21 (c) Any person may petition the court for access to the
22 records specified in subsection (b). The petition shall be
23 supported by a declaration that includes facts sufficient to
24 establish good cause for the release of the juror's personal
25 identifying information. The court shall set the matter for
26 hearing if the petition and supporting declaration establish
27 a prima facie showing of good cause for the release of the
28 personal juror identifying information, but shall not set the
29 matter for hearing if there is a showing on the record of
30 facts that establish a compelling interest against
31 disclosure. A compelling interest includes, but is not
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1 limited to, protecting jurors from threats or danger of
2 physical harm. If the court does not set the matter for
3 hearing, the court shall by minute order set forth the
4 reasons and make express findings of either a lack of a prima
5 facie showing of good cause or the presence of a compelling
6 interest against disclosure.
7 (d) If a hearing is set pursuant to subsection (c), the
8 petitioner shall provide notice of the petition and the time
9 and place of the hearing at least 20 days prior to the date
10 of the hearing to the parties in the criminal action. The
11 court shall provide notice to each affected former juror by
12 personal service or by first-class mail, addressed to the
13 last known address of the former juror as shown in the
14 records of the court. In a capital case, the petitioner
15 shall also serve notice on the Attorney General. Any
16 affected former juror may appear in person, in writing, by
17 telephone, or by counsel to protest the granting of the
18 petition. A former juror who wishes to appear at the hearing
19 to oppose the unsealing of the personal juror identifying
20 information may request the court to close the hearing in
21 order to protect the former juror's anonymity.
22 (e) After the hearing, the records shall be made
23 available as requested in the petition unless a former
24 juror's protest to the granting of the petition is sustained.
25 The court shall sustain the protest of the former juror if,
26 in the discretion of the court, the petitioner fails to show
27 good cause, the record establishes the presence of a
28 compelling interest against disclosure as defined in
29 subsection (c), or the juror is unwilling to be contacted by
30 the petitioner. The court shall set forth reasons and make
31 express findings to support the granting or denying of the
32 petition to disclose. The court may require the person to
33 whom disclosure is made, or his or her agent or employee, to
34 agree not to divulge jurors' identities or identifying
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1 information to others, and the court may otherwise limit
2 disclosure in any manner it deems appropriate.
3 (f) Any court employee who has legal access to personal
4 juror identifying information sealed under subsection (b) and
5 who discloses the information, knowing it to be a violation
6 of this Section or a court order issued under this Section,
7 is guilty of a Class B misdemeanor.
8 (g) Any person who intentionally solicits another to
9 unlawfully access or disclose personal juror identifying
10 information contained in records sealed under subsection (b),
11 knowing that the records have been sealed, or who, knowing
12 that the information was unlawfully secured, intentionally
13 discloses it to another person is guilty of a Class B
14 misdemeanor.
15 (h) This Section applies only to cases in which a jury
16 verdict was returned on or after January 1, 1998.