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| Public Act 099-0102 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Jury Act is amended by changing Section 10.4 | ||||
as follows: | ||||
(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 | ||||
states the prospective juror has a total and permanent | ||||
disability as defined in this Section, describes the | ||||
disability, explains how it prevents the prospective juror | ||||
from serving as a juror, and states that the prospective | ||||
juror will never be able to serve as a juror; . | ||||
(2) a copy of an individualized education program plan | ||||
for the prospective juror who participates in a special | ||||
education program or receives transition or supported | ||
employment services under Article 14 of the School Code, | ||
submitted by the prospective juror or his or her legal | ||
guardian; or | ||
(3) a copy of a court order for guardianship showing | ||
that the juror has been adjudged totally without capacity | ||
and a plenary guardian has been appointed. | ||
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.
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(Source: P.A. 97-436, eff. 1-1-12.) | ||
Section 10. The Jury Commission Act is amended by changing | ||
Section 10.5 as follows: | ||
(705 ILCS 310/10.5) | ||
Sec. 10.5. 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 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 | ||
states the prospective juror has a total and permanent | ||
disability as defined in this Section, describes the | ||
disability, explains how it prevents the prospective juror | ||
from serving as a juror, and states that the prospective | ||
juror will never be able to serve as a juror; . | ||
(2) a copy of an individualized education program plan | ||
for the prospective juror who participates in a special | ||
education program or receives transition or supported | ||
employment services under Article 14 of the School Code, | ||
submitted by the prospective juror or his or her legal | ||
guardian; or | ||
(3) a copy of a court order for guardianship showing | ||
that the juror has been adjudged totally without capacity | ||
and a plenary guardian has been appointed. | ||
The 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 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.
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(Source: P.A. 97-436, eff. 1-1-12.)
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