Bill Status of HB 233   95th General Assembly

Short Description:  MARRIAGE ACT-JURY TRIAL

House Sponsors
Rep. Monique D. Davis

Last Action  View All Actions

DateChamber Action
  3/21/2007HouseTabled Pursuant to Rule 22(g)

Statutes Amended In Order of Appearance
750 ILCS 5/103from Ch. 40, par. 103
750 ILCS 5/302from Ch. 40, par. 302
750 ILCS 5/304from Ch. 40, par. 304
750 ILCS 5/403from Ch. 40, par. 403
750 ILCS 5/501from Ch. 40, par. 501
750 ILCS 5/511from Ch. 40, par. 511
750 ILCS 5/604from Ch. 40, par. 604
750 ILCS 5/606from Ch. 40, par. 606

Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a party to an action for declaration of invalidity of marriage, dissolution of marriage, or legal separation may demand a trial by jury in accordance with the Code of Civil Procedure. Provides that the grounds for declaration of invalidity of marriage, dissolution of marriage, or legal separation shall be tried by the court without a jury. Provides that uncontested issues shall not be tried by a jury. Provides that proceedings for temporary relief and all post-judgment proceedings to enforce or modify a judgment of dissolution of marriage, legal separation, or invalidity of marriage shall be heard by the court without a jury. Provides that, in an action tried by the court without a jury, the court may interview a child of the marriage in chambers. Provides that, where the issue of custody is tried by a court with a jury, the court shall determine questions of law and the jury shall determine questions of fact.

House Amendment No. 1
Deletes everything after the enacting clause and re-inserts similar provisions with these changes: Provides that: jury trials are available only under a jury trial pilot program to be established in Suburban Municipal District 4 of the Circuit Court of Cook County; under the jury trial pilot program, cases in Suburban Municipal District 4 may be heard by the court with a jury to the extent permitted by the new provisions and only if a party demands a trial by jury and the other party agrees to have the case heard by the court with a jury; the Supreme Court and the Circuit Court of Cook County shall adopt rules to govern the jury trial pilot program, including the starting date for the jury trial pilot program; the jury trial pilot program shall end 2 years after the starting date; only cases that are commenced after the starting date shall be eligible to be heard by the court with a jury under the jury trial pilot program; any case that is heard by the court with a jury under the jury trial pilot program and is still pending when the jury trial pilot program ends may be heard to final judgment by the court with a jury; and the Supreme Court may make any findings, reports, or recommendations it wishes to make regarding the jury trial pilot program. Makes other changes to conform to the language establishing the jury trial pilot program.

Actions 
DateChamber Action
  1/10/2007HouseFiled with the Clerk by Rep. Monique D. Davis
  1/19/2007HouseFirst Reading
  1/19/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Judiciary I - Civil Law Committee
  3/1/2007HouseMotion Do Pass - Lost Judiciary I - Civil Law Committee; 002-012-000
  3/1/2007HouseRemains in Judiciary I - Civil Law Committee
  3/21/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/21/2007HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/21/2007HouseMotion Do Pass as Amended - Lost Judiciary I - Civil Law Committee; 005-006-000
  3/21/2007HouseRemains in Judiciary I - Civil Law Committee
  3/21/2007HouseTabled Pursuant to Rule 22(g)

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