SB1302sam001 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/11/2005

09400SB1302sam001 LRB094 04561 RCE 44892 a

AMENDMENT TO SENATE BILL 1302

AMENDMENT NO. ______. Amend Senate Bill 1302 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Fair Jury Act.

Section 5. Findings and purposes.

(a) Findings. The General Assembly finds as follows:

(1) Juries in Illinois frequently do not accurately represent a fair cross-section of the community.

(2) Juries are bodies whose deliberative function is enhanced by the inclusion of diverse perspectives and experience.

(3) The county-wide at large jury selection process systematically results in the over-representation of some economic communities while low and moderate income communities are under-represented or absent from venires and juries. This under-representation is caused by a number of factors, including but not limited to:

(A) Data sources, such as voter registration lists and driver's license registrations, that do not include otherwise qualified persons of low or moderate income.

(B) Low rates of response to jury summonses from otherwise qualified persons of low or moderate income.

(C) The use of peremptory challenges.

(D) The inability to serve jury summonses on those who frequently change residence.

(E) Lengthy travel time decreasing the ability of some to serve on juries.

(4) Our system of criminal and civil justice:

(A) No longer enjoys the full confidence of the entire population, members of which doubt that it is fair and unbiased.

(B) At times violates or impairs the right to be charged and tried by a jury that represents a fair cross-section of the community.

(C) At times violates or impairs the right to have civil actions and grievances tried by a jury that represents a fair cross-section of the community.

(D) At times violates or impairs the right to be charged and tried by a jury selected in a process that does not restrict the possibility that juries comprise a fair cross-section of the community.

(E) At times violates or impairs the right to have a civil action or grievance tried by a jury selected in a process that does not restrict the possibility that juries comprise a fair cross-section of the community.

(F) Deprives the courts of diverse perspectives, and thereby impairs the capacity of the courts to ascertain the truth and reflect the conscience of the community in administering justice.

(G) Impairs the capacity of juries to check any overzealous or mistaken exercise of power by the State.

(H) At times violates or impairs the right of all members of our society to fully participate in the governmental function of administering justice.

(I) Diminishes the capacity of our court system to promote a respect for the rule of law.

(5) The current system burdens over-represented communities with additional jury service obligations.

(b) Purposes. The purposes of this Act are to (i) promote the rights of litigants, especially criminal defendants, to be charged and tried by a jury that is selected in a process designed to represent a reasonable and fair cross-section of the community; (ii) ensure that courts and juries benefit from the perspectives of various communities in ascertaining the truth, administering justice, and checking any wrongful or mistaken exercise of power by the State; (iii) restore public confidence in our system of justice; (iv) enhance the capacity of the jury system to promote respect for the rule of law; and (v) safeguard the constitutional guarantee of equal protection in jury selection, including but not limited to the right of members of cognizable groups to be represented in the government administration of justice.

Section 10. Counties of more than 100,000 inhabitants. After July 1, 2007, grand and petit juries in every county of this State with more than 100,000 inhabitants shall be constituted as provided in this Act. Except as provided otherwise in this Act, the jury selection process in all counties also shall meet the requirements of the Jury Act, the Jury Commission Act, and any rules established under those Acts.

Section 15. Jury districts.

(a) On or before July 1, 2006, and every 10 years thereafter, using demographic and economic data as determined by the most recent federal census, the General Assembly shall by law create (i) 12 jury districts in each county other than Cook and (ii) 24 jury districts in Cook County. At the time jury districts are created in Cook County, and thereafter as necessary because of new or relocated courthouses, the General Assembly, by law, shall designate, for each courthouse in Cook County where juries sit, the 12 jury districts assigned to that courthouse; these designations shall be based upon proximity to the courthouse and shall be made in a manner so as to accomplish the purposes of this Act.

(b) Jury districts shall be compact, contiguous, and substantially equal in population.

(c) To the maximum extent possible, jury districts in each county shall encompass, in their entirety, geographically compact low-income communities. For purposes of this Section, a community shall be considered a "low-income community" if its median per person income is less than 200% of the federal poverty level.

(d) Upon fulfillment of the requirements established in subsections (b) and (c) of this Section, jury districts shall encompass other economic and geographic communities of interest.

(e) Jury district maps shall not unreasonably restrict the possibility that grand and petit juries will comprise a fair cross-section of the economic and geographic communities of interest in the county.

(f) Jury district maps shall not bridge, impair, or infringe upon the right of equal protection guaranteed by the constitutions of the State of Illinois and the United States.

Section 20. General jury district lists. On or before October 1, 2006, and at any time thereafter when necessary for the purposes of this Act, the persons otherwise required to prepare general jury lists under the Jury Act or Jury Commission Act shall make a list for each of the jury districts in each county, identifying all legal voters and all Illinois driver's license, Illinois Identification Card, and Illinois Disabled Person Identification Card holders of each jury district, and giving their respective place of residence, to be known as the general jury district lists. The manner of preparation for the general jury district lists may be further prescribed as provided in the Jury Act and the Jury Commission Act. In compiling the general jury district lists, duplication of names shall be avoided to the extent practical. The general jury district lists may be revised and amended annually in the discretion of the persons otherwise required by law to prepare general jury lists. The name of each person on the general jury district lists shall be entered in a record kept for that purpose and, opposite the name, shall be entered his or her age and place of residence, giving street and number, if any.

Section 25. Active and period jury district lists. In the manner provided by the Jury Act or the Jury Commission Act and any rules adopted under the applicable Act, the persons otherwise required to prepare active jury lists shall:

(1) From time to time prepare secondary lists for each jury district, to be known as active jury district lists, containing the required number of names taken from the general jury district lists, and other lists, to be known as period jury district lists, for each jury district. The period jury district lists shall contain the names of prospective jurors who shall have indicated, either before or after being summoned for jury duty, at what time of the year they could most conveniently serve. The active jury district lists and, except as to the names of persons certified by the clerk of the court as provided in the Jury Act and the Jury Commission Act, the period jury district lists shall be prepared by selecting every twentieth name, or such other whole number rate necessary to obtain the necessary number of active district jurors from the general jury district lists, as established by the persons otherwise authorized by law to establish the number of active jurors required.

(2) Make the active jury district lists and, except as to the names of persons certified by the clerk of the court as provided in the Jury Act or the Jury Commission Act, the period jury district lists available for the clerks of the circuit court to draw therefrom by lot, as required in this Act, providing for the purpose such devices or mechanisms as the rules prescribe.

(3) Provide for the manner of selection of jurors to be provided to coroners pursuant to Section 3-3013 of the Counties Code. The manner of selection, however, shall be, to the extent practical, similar to the manner in which petit and grand jurors are selected.

(4) Perform such other duties in relation to the selection of persons for jury service and their appearance for that service as are prescribed by this Act or as may be prescribed by the Jury Act or Jury Commission Act, and the rules established under the applicable Act.

Section 30. Certification of need and notification to active district jurors. In the time and manner provided by the Jury Act or the Jury Commission Act, the chief judge of the circuit court or such other persons authorized to do so shall certify to the clerk of the court the number of petit and grand jurors required each month. In the time, place, and manner otherwise required by the Jury Act or the Jury Commission Act, the clerk of the court shall then proceed to draw by a random process a sufficient number of names from the 12 active jury district lists and 12 period jury district lists so as to fulfill the requirements of this Act. The number of names drawn from each jury district, however, shall be equal. The clerk of the court shall thereupon certify the persons whose names are so drawn and summon them as otherwise required by the Jury Act or the Jury Commission Act. If more jurors are needed during the month, a judge of the court shall so certify; their names shall be drawn and certified forthwith, and they shall be served in the manner provided in this Section. When a grand jury is required by law or by order of the court, it shall be drawn and certified and served in like manner. Each time an active jury district list or period jury district list is exhausted, another such list shall be furnished as provided in this Act, the Jury Act, and the Jury Commission Act.

Section 35. Petit jurors; examination as to qualification; panels. The judge shall examine the jurors who appear, and if more than 6 petit jurors from a jury district who are qualified and not subject to any of the disqualifications provided in this Act, the Jury Act, or the Jury Commission Act appear and remain after all excuses are allowed, the court may discharge by lot the number of jurors from that jury district in excess of 4. If for any reason the panel of petit jurors is not full at any time, the clerk of the court may again draw, in the same manner as at the first drawing, such number of jurors as the court shall direct to fill the panel under this Act, who shall be summoned in the same manner as the others and, if necessary, jurors may continue to be so drawn and summoned from time to time until the panel is filled. In case a jury is required in the court for trial of any cause, before the panel is filled in the manner provided in this Section, the court shall direct the sheriff to summon from the bystanders, or from the body of the county, a sufficient number of persons from each juror district having the qualifications of jurors, as provided in this Act, to fill the panel in order that a jury to try the cause may be drawn therefrom, and when that jury is drawn, the persons selected from the bystanders or from the body of the county to fill the panel and not chosen on the jury shall be discharged from the panel and those who are chosen to serve on that jury shall also be discharged from the panel at the conclusion of the trial. Persons selected from the bystanders, as provided in this Section, shall not thereby be disqualified or exempt from service as jurors when regularly drawn by the clerk for that purpose, in the manner provided in this Act.

Section 40. Petit jurors: exhaustion of panels. If by reason of challenge in the selection of a jury for the trial of any cause, or by reason of the sudden sickness or absence of any juror for any cause, the regular panel is exhausted, the court may direct the sheriff to summon a sufficient number of persons from each juror district having the qualifications of jurors to fill the panel for the pending trial, but upon objection by either party to the cause to the sheriff summoning a sufficient number of persons to fill the panel, the court shall appoint a special bailiff to summon such person, provided the same person shall not be appointed special bailiff more than once in 60 days.

Section 45. Petit juries: constitution and selection. Notwithstanding any other provision of law, including but not limited to Sections 2-1105.1 and 2-1106 of the Code of Civil Procedure and Section 115-4 of the Code of Criminal Procedure, in any cause that is to be tried by a 12-member jury, petit juries shall be constituted of one juror from each jury district. In any cause that is to be tried by a 6-member jury, petit juries shall be constituted of one juror from each of 6 jury districts selected by chance. When alternate jurors are required, one juror from each of the required number of jury districts shall be selected by chance. As often as a jury is necessary, one name from each jury district or districts (and, when alternate jurors are required, one name from each of the required number of jury districts selected by chance) shall be selected from the panel assembled as provided in this Act, and that person shall be sworn on the jury in such manner as ordered and directed by the court. The attorney for any party litigant in any cause assigned to jury trial shall have the right to be present in person at the time and place when the selection of jurors for trial of the cause is made and for voir dire examination and challenges as otherwise provided by law. A party litigant whose attorney is present at the selection process waives any objection to the selection procedure unless the objection is asserted prior to the time any prospective juror is called for voir dire examination.

Section 50. Grand jurors. If a grand jury is required by law or by the order of the judge for any court, the persons otherwise required to select grand jurors under the Jury Act or the Jury Commission Act shall:

(1) select, in the time and manner otherwise required under the Jury Act or the Jury Commission Act, one person who is otherwise qualified to serve as a grand juror from each jury district, and one person who is otherwise qualified to serve as a grand juror from each of 4 jury districts selected by chance, to serve as grand jurors, to be known as the regular jury district panel;

(2) select, at the same time and in like manner, a like number of persons otherwise qualified to serve as a grand jury, the panel of the additional persons so selected to be known as the supplemental jury district panel; and

(3) cause the clerk within 5 days thereafter to certify the 2 panels properly identified as the regular jury district panel and supplemental jury district panel, respectively, to the clerk of the court for which they are selected, who shall issue a summons to each of the 16 persons so selected for the regular panel, in the time and manner otherwise required under the Jury Act or the Jury Commission Act, to constitute a grand jury.

Section 55. Constitution of grand jury. Notwithstanding any other provision of law, grand juries shall consist of one juror from each jury district and one juror from each of 4 jury districts selected by chance, selected as provided in this Act, of whom 12, one from each jury district, shall be sufficient to constitute a grand jury. If for any reason the jury district panel is not full at the opening of court, the judge shall direct the sheriff to summon persons named in the supplemental jury district panel, so as to fill the jury district panel of grand jurors as required in this Act, and if the supplemental panel is exhausted without filling the grand jury panel, the judge shall select by lot names from the various jury district lists and direct the sheriff to summon a sufficient number of persons having the qualifications of jurors, as provided by this Act, to fill the panel as required in this Act.

Section 60. Applicability. The provisions of this Act apply to proceedings in both civil and criminal cases.

Section 65. Remedies.

(a) The courts shall sustain an objection, exception, or challenge to any petit juror or grand juror, any panel of petit or grand jurors, and any petit or grand jury because of any failure to comply with Section 45 or Section 55 of this Act if the party urging the objection shows to the court, by a preponderance of evidence, that he or she is a party to the action and the requirements of Section 45 or 55 of this Act have not been met.

(b) The courts shall sustain an objection, exception, or challenge to any jury district map established under Section 15 of this Act if the party urging the objection shows to the court, by a preponderance of evidence, that he or she is a resident of the county and a member of a low-income community, as that term is defined in subsection (c) of Section 15 of this Act, whose right to a reasonable and consistent opportunity to be represented on a jury has likely been or will likely be impaired because the requirements of subsection (c) of Section 15 of this Act have not been met.

(c) If a court does not sustain an objection raised by a criminal defendant under subsection (a) of this Section, the criminal defendant may appeal the court's decision through an interlocutory process.

(d) Nothing in this Act confers on any individual person a right to serve on a petit or grand jury.

(e) Nothing in this Act limits, abridges, or impairs the rights or remedies available to any person under any other provision of State or federal law.

Section 70. Planning and implementation. No later than one year after the effective date of this Act, the clerk of the court in each county of this State shall, after conducting open hearings or meetings with the county's chief executive, chief judge, public defender, State's attorney, and other interested persons, file with the President of the Senate and the Speaker of the House of Representatives a plan that identifies (i) the manner in which this Act will be implemented in that county; (ii) foreseeable administrative or procedural hindrances to the successful implementation of this Act in that County; and (iii) solutions to those hindrances. Within available appropriations, the Attorney General shall confer with any public or private associations of clerks of the court and provide technical assistance to those clerks in the preparation and production of the plans required under this Section.

Section 75. Constitutional and legal rights. Nothing in this Act abridges or affects the rights and remedies otherwise available to criminal defendants, parties in civil actions, or other persons under the constitution and laws of this State and the United States.

Section 90. Home rule. A home rule unit may not regulate jury selection in a manner inconsistent with the regulation of jury selection by the State under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 95. Inseverability. The provisions of this Act are mutually dependent and inseverable. If any provision is held invalid other than as applied to a particular person or circumstance, then this entire Act is invalid.

Section 97. Mandate exemption. Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Act.

Section 900. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 905. The Jury Act is amended by adding Section 23.5 as follows:

(705 ILCS 305/23.5 new)

Sec. 23.5. Fair Jury Act controls. The provisions of this Act are subject to the provisions of the Fair Jury Act. To the extent that any provision of this Act is inconsistent with any provision of the Fair Jury Act, the Fair Jury Act controls.

Section 910. The Jury Commission Act is amended by adding Section 12.5 as follows:

(705 ILCS 310/12.5 new)

Sec. 12.5. Fair Jury Act controls. The provisions of this Act are subject to the provisions of the Fair Jury Act. To the extent that any provision of this Act is inconsistent with any provision of the Fair Jury Act, the Fair Jury Act controls.

Section 999. Effective date. This Act takes effect upon becoming law.".