Public Act 094-0186
 
HB1095 Enrolled LRB094 06930 LCB 37045 b

    AN ACT concerning juries.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Juror
Protection Act.
 
    Section 5. Juror contact. A person who represents himself
or herself during any phase of a jury trial and is subsequently
found guilty of any charge must seek and obtain leave of the
court prior to making any attempt to contact any member of the
jury panel, regardless of the reason for inquiry.
 
    Section 10. Court petition; process.
    (a) The defendant shall file with the court where his or
her case was heard a petition laying forth the reasons why
juror contact is necessary or otherwise appropriate.
    (b) Upon receipt of the petition, the circuit clerk for the
court shall forward a copy of the petition to the State's
Attorney or other prosecuting attorney. Where a response to the
petition is deemed warranted, the State's Attorney or other
prosecuting attorney shall have 5 days to file a response.
    (c) The court shall, within 7 days of receipt of the
petition and response, where one is filed, rule on the merits
of the request.
    (d) The court may, but is not required to, hold a hearing
on the merits of the petition.
    (e) If the petition is granted, the court shall, within 7
days of the ruling, arrange for the defendant to be transported
to the courthouse to take part in the call. All phone calls
shall be made by an officer of the court and shall be made
between the hours of 8:30 a.m. and 6:00 p.m., Monday through
Friday. The court officer shall identify himself or herself to
the recipient of the call, ask to speak to the juror in
question, identify the purpose for the call, and ask the juror
if he or she is willing to speak to the defendant. If the juror
consents, the defendant shall be allowed to speak to the juror
under the supervision of the court officer. If the juror
refuses, no further contact may be made by or on behalf of the
defendant. If there is no answer at the provided phone number,
the officer of the court shall leave a message outlining the
above and requesting that the juror contact the court officer
to indicate whether or not he or she will speak to the
defendant.
 
    Section 15. Violation. Any attempt to contact a member of
the jury panel following that member's refusal to speak as
outlined in subsection (e) of Section 10 shall be deemed a
violation of Section 32-4 of the Criminal Code of 1961.
 
    Section 300. The Criminal Code of 1961 is amended by
changing Section 32-4 as follows:
 
    (720 ILCS 5/32-4)  (from Ch. 38, par. 32-4)
    Sec. 32-4. Communicating with jurors and witnesses.
    (a) A person who, with intent to influence any person whom
he believes has been summoned as a juror, regarding any matter
which is or may be brought before such juror, communicates,
directly or indirectly, with such juror otherwise than as
authorized by law commits a Class 4 felony.
    (b) A person who, with intent to deter any party or witness
from testifying freely, fully and truthfully to any matter
pending in any court, or before a Grand Jury, Administrative
agency or any other State or local governmental unit, forcibly
detains such party or witness, or communicates, directly or
indirectly, to such party or witness any knowingly false
information or a threat of injury or damage to the property or
person of any individual or offers or delivers or threatens to
withhold money or another thing of value to any individual
commits a Class 3 felony.
    (c) A person who violates the Juror Protection Act commits
a Class 4 felony.
(Source: P.A. 91-696, eff. 4-13-00.)