093_SB1329eng
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1 AN ACT in relation to juries.
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 changing Sections
5 4.1, 5, 8, 10.2, and 15 and adding Section 10.3 as follows:
6 (705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
7 Sec. 4.1. Jury duty; notice to employer; right to time
8 off.
9 (a) Any person who is not legally disqualified to serve
10 on juries, and has been duly summoned for jury duty for
11 either petit or grand jury service, shall not be required or
12 requested to use annual, vacation, or sick leave for time
13 spent responding to a summons for jury duty, time spent
14 participating in the jury selection process, or time spent
15 actually serving on a jury be given time off from employment
16 to serve upon the jury for which such employee is summoned,
17 regardless of the employment shift such employee is assigned
18 to at the time of service of such summons. An employee shall
19 give his employer reasonable notice of required jury service.
20 An employer may not deny an employee time off for jury duty
21 because such employee is then assigned to work a night shift
22 of employment, that is, an employer cannot require a night
23 shift worker to work while such employee is doing jury duty
24 in the daytime. Nothing in this subsection (a) shall be
25 construed to require an employer to provide annual, vacation,
26 or sick leave to employees under the provisions of this
27 Section who otherwise are not entitled to such benefits under
28 company policies.
29 (b) No employer shall discharge, threaten to discharge,
30 intimidate or coerce any employee by reason of the employee's
31 jury service, or the attendance or scheduled attendance in
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1 connection with such service, in any court of this State.
2 (c) If an employee gives reasonable notice of required
3 jury service, any employer who violates the provisions of
4 this Section:
5 (1) may be charged with contempt of court. In such
6 an event, the State's Attorney shall file a petition for
7 civil contempt, criminal contempt, or both, against the
8 employer to be prosecuted by the State's Attorney; and
9 (2) shall be liable for damages for any loss of
10 wages or other benefits suffered by an employee by reason
11 of the violation; and
12 (3) may be enjoined from further violations of this
13 Section and ordered to reinstate any employee discharged
14 by reason of jury service.
15 As used in this Section, "reasonable notice of required
16 jury service" means that the employee summoned for jury duty
17 must deliver to the employer a copy of the summons within 10
18 days of the date of issuance of the summons to the employee.
19 (d) Any individual who is reinstated to a position of
20 employment in accordance with this Section shall be
21 considered as having been on furlough or leave of absence
22 during his period of jury service, shall be reinstated to his
23 position of employment without loss of seniority, and shall
24 be entitled to participate in insurance or other benefits
25 offered by the employer under established rules and practices
26 relating to employees on furlough or leave of absence in
27 effect with the employer at the time the individual entered
28 upon jury service.
29 (e) In any action or proceeding under this Section, the
30 court may award a prevailing employee who brings the action
31 by retained counsel a reasonable attorney's fee.
32 (f) Any right or remedy provided in this Section is in
33 addition to any right or remedy otherwise provided by law to
34 an employee.
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1 (g) No employer shall be obligated to compensate an
2 employee for time taken off for jury duty.
3 (g-5) A court shall automatically postpone and
4 reschedule the service of a summoned juror employed by an
5 employer with 5 or fewer full-time employees, or the
6 equivalent, if another employee of that employer is summoned
7 to appear during the same period. The postponement will not
8 constitute the excused individual's right to one automatic
9 postponement pursuant to Section 10.3 of this Act.
10 (h) The official responsible for issuing the summons may
11 advise the juror of his rights under this Act by printed
12 insert with the summons or on the summons itself.
13 (Source: P.A. 86-1395; 87-616.)
14 (705 ILCS 305/5) (from Ch. 78, par. 5)
15 Sec. 5. Subsequent selection of jurors; length of
16 service.
17 (a) At the time of making such selection, the name of
18 the person selected shall be checked off from such list, and
19 shall not be again selected as a juror till every person
20 named upon such list qualified to serve as a juror has been
21 selected; and all subsequent selections of jurors by such
22 board shall be made from such list until all persons thereon
23 qualified to serve have been selected, or until a new list is
24 made: Provided, if any person who has been selected as a
25 juror shall not have been drawn, or have served upon a jury
26 during the year for which he was selected, he shall, if
27 qualified, be selected for the next year.
28 (b) In counties with populations greater than 100,000,
29 service of prospective petit jurors shall be for no more than
30 one court day in actual attendance, unless a prospective
31 petit juror is selected to serve on a jury or is under
32 consideration to serve on a jury and such consideration
33 covers a period of 2 or more days. Once selected, a petit
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1 juror shall serve on the jury for the duration of the trial
2 unless excused by the presiding judge.
3 (Source: P.A. 86-1053.)
4 (705 ILCS 305/8) (from Ch. 78, par. 8)
5 Sec. 8. Selection from box.
6 (a) Upon a day designated by the judge of the court,
7 which shall be at least 20 days before the first day for
8 which any of the panel then to be drawn is summoned, the
9 clerk of such court shall repair to the office of the county
10 clerk, and in the presence of a judge and of such county
11 clerk, after the box containing the names has been well
12 shaken by the county clerk, and being blindfolded shall,
13 without partiality, draw from such box the names of a
14 sufficient number of such persons, then residents of the
15 county, not less than 30 for each 2 weeks that such court
16 will probably be in session for the trial of common law
17 cases, to constitute the petit jurors for the time being and
18 where there is an additional judge in such court, a like
19 number for each additional judge requiring a jury, unless the
20 court shall otherwise order: Provided, that the clerk shall
21 at any time, when directed by an order of the court draw in
22 the manner above provided, such number of persons then
23 residents of the county, as shall be required by the order to
24 act as petit jurors in such court for such time as may be
25 fixed in such order: And provided, that should the clerk draw
26 from the box the name of a person who is known to be dead, to
27 have been selected as a grand juror, a non-resident, absent
28 from the State, unable to attend in consequence of illness,
29 or that he is legally disqualified to serve as a juror, the
30 clerk shall report the name of such person to the county
31 clerk, and the clerk of such court shall draw other names
32 until the required number have been selected: Provided, also
33 that whenever there is pending for trial in any of the
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1 courts, any criminal cause wherein the defendant is charged
2 with a felony, and the judge holding such court is convinced
3 from the circumstances of the case that a jury cannot be
4 obtained from the regular panel to try the cause, the judge
5 may in his discretion, prior to the day fixed for the trial
6 of the cause, direct the clerk to draw (in the same manner as
7 the regular panel is drawn,) not exceeding 100 names as a
8 special panel from which a jury may be selected to try the
9 cause.
10 (b) Notwithstanding the provisions of subsection (a),
11 names of jurors may be randomly drawn by computer.
12 (Source: P.A. 86-1053.)
13 (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
14 Sec. 10.2. Excusing prospective jurors; hardship.
15 (a) An individual may apply to be excused from jury
16 service for a period of up to 24 months, instead of seeking a
17 postponement, when either: The county boards of the
18 respective counties, the jury commissioners for those
19 counties which have been appointed under the Jury Commission
20 Act, or a jury administrator shall submit questionnaires to
21 prospective jurors to inquire as to their qualifications for
22 jury service and as to the hardship that jury service would
23 pose to the prospective jurors. Upon prior approval by the
24 chief judge of the judicial circuits in which a county board,
25 jury administrator, or jury commissioners are situated, the
26 county board, jury administrator, or jury commissioners shall
27 excuse a prospective juror from jury service if the
28 prospective juror shows that such service would impose an
29 undue hardship on account of the nature of the prospective
30 juror's occupation, business affairs, physical health, family
31 situation, active duty in the Illinois National Guard or
32 Illinois Naval Militia, or other personal affairs, and cause
33 his or her name to be returned to the jury list or general
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1 jury list.
2 (1) The prospective juror has a mental or physical
3 condition that causes him or her to be incapable of
4 performing jury service. The juror, or the juror's
5 personal representative, must provide the court with
6 documentation from a physician licensed to practice
7 medicine in all its branches verifying that a mental or
8 physical condition renders the person unfit for jury
9 service for a period of not less than the 24 month period
10 for which the excuse is sought; or
11 (2) Jury service would otherwise cause undue or
12 extreme physical or financial hardship to the prospective
13 juror or a person under his or her care or supervision. A
14 judge of the court for which the individual was called to
15 jury service shall make determinations regarding undue or
16 extreme physical or financial hardship. The authority to
17 make these determinations is delegable only to court
18 officials or personnel who are authorized by the laws of
19 this State to function as members of the judiciary.
20 (b) A person asking to be excused from jury service
21 under this Section must take all actions necessary to have
22 obtained a ruling on that request by no later than the date
23 on which the individual is scheduled to appear for jury duty.
24 (c) For purposes of this Section, "undue or extreme
25 physical or financial hardship" is limited to circumstances
26 in which an individual would:
27 (1) Be required to abandon a person under his or
28 her personal care or supervision due to the impossibility
29 of obtaining an appropriate substitute caregiver during
30 the period of participation in the jury pool or on the
31 jury; or
32 (2) Incur costs that would have a substantial
33 adverse impact on the payment of the individual's
34 necessary daily living expenses or on those for whom he
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1 or she provides the principal means of support; or
2 (3) Suffer physical hardship that would result in
3 illness or disease.
4 "Undue or extreme physical or financial hardship" does
5 not exist solely based on the fact that a prospective juror
6 will be required to be absent from his or her place of
7 employment.
8 A person asking a judge to grant an excuse based on
9 "undue or extreme physical or financial hardship" shall be
10 required to provide the judge with documentation, such as,
11 but not limited to, federal and State income tax returns,
12 medical statements from licensed physicians, proof of
13 dependency or guardianship, and similar documents, which the
14 judge finds to clearly support the request to be excused.
15 Failure to provide satisfactory documentation shall result in
16 a denial of the request to be excused.
17 (d) After 24 months, a person excused from jury service
18 shall become eligible once again for qualification as a juror
19 unless the person was excused from service permanently. A
20 person is excused from jury service permanently only when the
21 judge determines that the underlying grounds for being
22 excused are of a permanent nature.
23 (e) (b) When an undue hardship caused by a family
24 situation is due to the prospective juror being the primary
25 care giver of a person with a mental or physical disability,
26 a person with a medically diagnosed behavior problem, or a
27 child under age 12, then the county board, jury commissioners
28 or jury administrator shall excuse such a prospective juror,
29 if it finds that no reasonable alternative care is feasible
30 which would not impose an undue hardship on the prospective
31 juror or the person for whom the prospective juror is
32 providing care, or both.
33 (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)
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1 (705 ILCS 305/10.3 new)
2 Sec. 10.3. Postponement of jury service.
3 (a) Notwithstanding Section 10.2 or any other provision
4 of this Act, individuals scheduled to appear for jury service
5 have the right to postpone the date of their initial
6 appearance for jury service one time only. When requested,
7 postponements shall be granted, provided that:
8 (1) The juror has not previously been granted a
9 postponement;
10 (2) The prospective juror appears in person or
11 contacts the clerk of the court by telephone, electronic
12 mail, or in writing to request a postponement; and
13 (3) Prior to the grant of a postponement with the
14 concurrence of the clerk of the court, the prospective
15 juror fixes a date certain on which he or she will appear
16 for jury service that is not more than 6 months after the
17 date on which the prospective juror originally was called
18 to serve and on which date the court will be in session.
19 (b) A subsequent request to postpone jury service may be
20 approved by a judicial officer only in the event of an
21 extreme emergency, such as a death in the family, sudden
22 illness, a natural disaster or a national emergency in which
23 the prospective juror is personally involved, that could not
24 have been anticipated at the time the initial postponement
25 was granted. Prior to the grant of a second postponement, the
26 prospective juror must fix a date certain on which the
27 individual will appear for jury service within 6 months of
28 the postponement on a date when the court will be in session.
29 (705 ILCS 305/15) (from Ch. 78, par. 15)
30 Sec. 15. Failure to attend; misdemeanor. Every person
31 who shall fail to attend when lawfully summoned to appear as
32 a grand or petit juror, without having properly obtained
33 postponement or excuse pursuant to Sections 10.2 and 10.3 a
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1 reasonable excuse, shall be considered as is guilty of a
2 Class C misdemeanor and subject to imprisonment or fine of up
3 to $500 in accordance with the laws of this State contempt,
4 and shall be fined by the courts, respectively, in any sum
5 not less than $5 nor more than $100, for the use of the
6 proper county, unless good cause be shown for such default;
7 and it shall be the duty of the court to enter an order of
8 attachment, returnable forthwith, against all such
9 delinquents, and upon the return thereof the court shall
10 proceed to assess the fine unless the person or persons so
11 attached shall show good cause for such delinquency:
12 Provided, that the oath or affirmation of any such delinquent
13 shall, at all times, be received as competent evidence.
14 (Source: P.A. 83-346.)
15 Section 95. Severability. The provisions of this Act are
16 severable. If any portion of this Act is declared
17 unconstitutional or the application of any part of this Act
18 to any person or circumstance is held invalid, the remaining
19 portions of the Act and their applicability to any person or
20 circumstance shall remain valid and enforceable.
21 Section 99. This Act takes effect July 1, 2003.