HB1317 97TH GENERAL ASSEMBLY

LRB097 06330 AJO 46410 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1317

Introduced 2/9/2011, by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

705 ILCS 305/10.4 new

Amends the Jury Act. Provides that if a prospective juror is found to be unqualified or is excused due to a total and permanent disability, the county board, the jury administrator, or the jury commissioners shall permanently exclude the person from all jury lists. Provides that the proof of total and permanent disability shall be a licensed physician's written statement that concludes that the person has a total and permanent disability as defined in the Act, describes the disability, and explains how it prevents service as a juror. Defines "total and permanent disability" as any physical or mental impairment, disease, or loss of a permanent nature that prevents performance of the duties of a juror.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Jury Act is amended by adding Section 10.4 as follows:

(705 ILCS 305/10.4 new)

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 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.

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.

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.