HB1095 94TH GENERAL ASSEMBLY

LRB094 06930 LCB 37045 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1095

Introduced 02/08/05, by Rep. Robert F. Flider

SYNOPSIS AS INTRODUCED:

New Act
720 ILCS 5/32-4	from Ch. 38, par. 32-4

Creates the Juror Protection Act. Provides that 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. Sets out a process for petitioning the court for leave to contact a member of the jury panel. Provides that any attempt to contact a member of the jury panel following that member's refusal to speak as outlined in the Act shall be deemed a violation of Section 32-4 of the Criminal Code of 1961. Amends the Criminal Code of 1961. Makes violation of the Juror Protection Act a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 the 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.)