Illinois General Assembly - Full Text of SB2406
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Full Text of SB2406  102nd General Assembly

SB2406enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2406 EnrolledLRB102 12532 KTG 17870 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Circuit Courts Act is amended by changing
5Sections 1 and 2f-2 and by adding Sections 2f-12 and 37 as
6follows:
 
7    (705 ILCS 35/1)  (from Ch. 37, par. 72.1)
8    Sec. 1. Judicial circuits created. The county of Cook
9shall be one judicial circuit and the State of Illinois,
10exclusive of the county of Cook, shall be and is divided into
11judicial circuits as follows:
12    First Circuit--The counties of Alexander, Pulaski, Massac,
13Pope, Johnson, Union, Jackson, Williamson and Saline.
14    Second Circuit--The counties of Hardin, Gallatin, White,
15Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
16Richland, Lawrence and Crawford.
17    Third Circuit--The counties of Madison and Bond.
18    Fourth Circuit--The counties of Clinton, Marion, Clay,
19Fayette, Effingham, Jasper, Montgomery, Shelby, and Christian.
20    Fifth Circuit--The counties of Vermilion, Edgar, Clark,
21Cumberland and Coles.
22    Sixth Circuit--The counties of Champaign, Douglas,
23Moultrie, Macon, DeWitt, and Piatt.

 

 

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1    Seventh Circuit--The counties of Sangamon, Macoupin,
2Morgan, Scott, Greene, and Jersey.
3    Eighth Circuit--The counties of Adams, Schuyler, Mason,
4Cass, Brown, Pike, Calhoun, and Menard.
5    Ninth Circuit--The counties of Knox, Warren, Henderson,
6Hancock, McDonough, and Fulton.
7    Tenth Circuit--The counties of Peoria, Marshall, Putnam,
8Stark, and Tazewell.
9    Eleventh Circuit--The counties of McLean, Livingston,
10Logan, Ford, and Woodford.
11    Twelfth Circuit--The county of Will.
12    Thirteenth Circuit--The counties of Bureau, LaSalle, and
13Grundy.
14    Fourteenth Circuit--The counties of Rock Island, Mercer,
15Whiteside, and Henry.
16    Fifteenth Circuit--The counties of Jo Daviess, Stephenson,
17Carroll, Ogle, and Lee.
18    Sixteenth Circuit--The county of Kane. Before December 3,
192012, the counties of Kane, DeKalb, and Kendall. On and after
20December 3, 2012, the County of Kane.
21    Seventeenth Circuit--The counties of Winnebago and Boone.
22    Eighteenth Circuit--The county of DuPage.
23    Nineteenth Circuit--The county of Lake. Before December 4,
242006, the counties of Lake and McHenry. On and after December
254, 2006, the County of Lake.
26    Twentieth Circuit--Before December 5, 2022, the The

 

 

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1counties of Randolph, Monroe, St. Clair, Washington, and
2Perry. On and after December 5, 2022, the county of St. Clair.
3    Twenty-first Circuit--The counties of Iroquois and
4Kankakee.
5    Twenty-second Circuit--The county of McHenry. On and after
6December 4, 2006, the County of McHenry.
7    Twenty-third Circuit--The On and after December 3, 2012,
8the counties of DeKalb and Kendall.
9    Twenty-fourth Circuit--On and after December 5, 2022, the
10counties of Randolph, Monroe, Washington, and Perry.
11(Source: P.A. 97-585, eff. 8-26-11; 98-756, eff. 7-16-14.)
 
12    (705 ILCS 35/2f-2)
13    Sec. 2f-2. 19th judicial circuit; subcircuits; additional
14judges.
15    (a) Prior to the boundaries of the subcircuits being
16redrawn under subsection (a-3), the The 19th circuit shall be
17divided into 6 subcircuits. The subcircuits shall be compact,
18contiguous, and substantially equal in population. The General
19Assembly by law shall create the subcircuits, using population
20data as determined by the 2000 federal census, and shall
21determine a numerical order for the 6 subcircuits. That
22numerical order shall be the basis for the order in which
23resident judgeships are assigned to the subcircuits. The 6
24resident judgeships to be assigned that are not added by or
25converted from at-large at large judgeships as provided in

 

 

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1this amendatory Act of the 96th General Assembly shall be
2assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits,
3in that order. The 6 resident judgeships to be assigned that
4are added by or converted from at-large at large judgeships as
5provided in this amendatory Act of the 96th General Assembly
6shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st
7subcircuits, in that order. Once a resident judgeship is
8assigned to a subcircuit, it shall continue to be assigned to
9that subcircuit for all purposes.
10    (a-3) In 2021, the General Assembly shall redraw the
11boundaries of the subcircuits to reflect the results of the
122020 federal decennial census and divide the 19th circuit into
13at least 10 subcircuits. The General Assembly shall redraw the
14subcircuit boundaries after every federal decennial census.
15The subcircuits shall be compact, contiguous, and
16substantially equal in population. Upon the division of
17subcircuits pursuant to this Section: (i) each resident
18judgeship shall be assigned to the newly drawn subcircuit in
19which the judge of the resident judgeship in question resides;
20and (ii) each at-large judgeship shall be converted to a
21resident judgeship and assigned to the subcircuit in which the
22judge of the converted judgeship in question resides. Once a
23resident judgeship is assigned to a subcircuit or an at-large
24judgeship is converted to a resident judgeship and assigned to
25a subcircuit, it shall be assigned to that subcircuit for all
26purposes. In accordance with subsection (a), a resident

 

 

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1judgeship assigned to a subcircuit shall continue to be
2assigned to that subcircuit. Any vacancy in a resident
3judgeship existing on or occurring after the effective date of
4a law redrawing the boundaries of the subcircuits shall be
5filled by a resident of the redrawn subcircuit. When a vacancy
6occurs in a resident judgeship, the resident judgeship shall
7be allotted by the Supreme Court under subsection (c) and
8filled by election. Notwithstanding the preceding 2 sentences,
9the resident judgeship shall not be allotted by the Supreme
10Court and filled by election if, after the vacancy arises,
11there are still 2 or more nonvacant resident judgeships in the
12subcircuit of the vacant resident judgeship in question.
13    (a-5) Of the at-large at large judgeships of the 19th
14judicial circuit, the first 3 that are or become vacant on or
15after the effective date of this amendatory Act of the 96th
16General Assembly shall become resident judgeships of the 19th
17judicial circuit to be allotted by the Supreme Court under
18subsection (c) and filled by election, except that the Supreme
19Court may fill those judgeships by appointment for any
20remainder of a vacated term until the resident judgeships are
21filled initially by election. As used in this subsection, a
22vacancy does not include the expiration of a term of an
23at-large at large judge who seeks retention in that office at
24the next term.
25    (a-10) The 19th judicial circuit shall have 3 additional
26resident judgeships to be allotted by the Supreme Court under

 

 

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1subsection (c). One of the additional resident judgeships
2shall be filled by election beginning at the 2010 general
3election. Two of the additional resident judgeships shall be
4filled by election beginning at the 2012 general election.
5    (a-15) The 19th judicial circuit shall have additional
6resident judgeships as provided by subsection (a-3) to be
7allotted by the Supreme Court under subsection (c). The
8resident judgeships shall be allotted by the Supreme Court in
9numerical order as provided by the General Assembly upon the
10redrawing of boundaries and the division of subcircuits
11pursuant to subsection (a-3). Two additional resident
12judgeships allotted by the Supreme Court pursuant to this
13subsection, in numerical order as provided by the General
14Assembly, shall be filled by election beginning at the 2022
15general election. The remainder of the additional resident
16judgeships shall be filled by election at the 2024 election.
17    (a-20) In addition to the 2 judgeships filled by election
18at the 2022 election as provided by subsection (a-15), any
19judgeship that became vacant after January 1, 2020 and on the
20effective date of this amendatory Act of the 102nd General
21Assembly is held by an individual appointed by the Supreme
22Court also shall be filled by election at the 2022 general
23election. This subsection is subject to the requirement of
24subsection (a-3) that no judgeship shall be allotted by the
25Supreme Court and filled by election if, after the vacancy
26arises, there are still 2 or more nonvacant resident

 

 

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1judgeships in the subcircuit of the vacant resident judgeship
2in question.
3    (b) The 19th circuit shall have a total of 12 resident
4judgeships (6 resident judgeships existing on the effective
5date of this amendatory Act of the 96th General Assembly, 3
6formerly at-large at large judgeships as provided in
7subsection (a-5), and 3 resident judgeships added by
8subsection (a-10)). The number of resident judgeships allotted
9to subcircuits of the 19th judicial circuit pursuant to this
10Section shall constitute all the resident judgeships of the
1119th judicial circuit.
12    (c) The Supreme Court shall allot (i) all vacancies in
13resident judgeships of the 19th circuit existing on or
14occurring on or after the effective date of this amendatory
15Act of the 93rd General Assembly and not filled at the 2004
16general election, (ii) the resident judgeships of the 19th
17circuit filled at the 2004 general election as those
18judgeships thereafter become vacant, (iii) the 3 formerly
19at-large at large judgeships described in subsection (a-5) as
20they become available, and (iv) the 3 resident judgeships
21added by subsection (a-10), and (v) the additional resident
22judgeships provided for by subsection (a-3), for election from
23the various subcircuits until there are 2 resident judges to
24be elected from each subcircuit. No resident judge of the 19th
25circuit serving on the effective date of this amendatory Act
26of the 93rd General Assembly shall be required to change his or

 

 

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1her residency in order to continue serving in office or to seek
2retention in office as resident judgeships are allotted by the
3Supreme Court in accordance with this Section.
4    (d) A resident judge elected from a subcircuit shall
5continue to reside in that subcircuit as long as he or she
6holds that office. A resident judge elected from a subcircuit
7after January 1, 2008, must retain residency as a registered
8voter in the subcircuit to run for retention from the circuit
9at-large at large thereafter.
10    (e) Vacancies in resident judgeships of the 19th circuit
11shall be filled in the manner provided in Article VI of the
12Illinois Constitution.
13(Source: P.A. 101-477, eff. 6-1-20.)
 
14    (705 ILCS 35/2f-12 new)
15    Sec. 2f-12. 20th and 24th judicial circuits.
16    (a) On December 5, 2022, the 20th judicial circuit is
17divided into the 20th and 24th judicial circuits as provided
18in Section 1. This division does not invalidate any action
19taken by the 20th judicial circuit or any of its judges,
20officers, employees, or agents before December 5, 2022. This
21division does not affect any person's rights, obligations, or
22duties, including applicable civil and criminal penalties,
23arising out of any action taken by the 20th judicial circuit or
24any of its judges, officers, employees, or agents before
25December 5, 2022.

 

 

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1    (b) Any vacancies in at-large judgeships or resident
2judgeships shall be filled in the 2022 general election. The
3Supreme Court shall fill any remaining vacancies in at-large
4judgeships or resident judgeships by appointment after the
52022 general election.
6    (c) The Supreme Court shall assign to the 20th circuit the
75 circuit judgeships elected at-large in the 20th circuit
8before and at the 2022 general election. The 3 resident
9judgeships elected from St. Clair County before the 2012
10general election shall become at-large circuit judgeships in
11the 20th circuit on December 5, 2022. An individual seeking
12election to one of the 5 judgeships at-large or a judge seeking
13retention to one of the 5 judgeships at-large at the 2022
14general election shall seek election or retention solely
15within the boundaries of St. Clair County. The 5 circuit
16judgeships assigned to the 20th circuit shall continue to be
17elected at-large, and the 3 resident judges shall be elected
18at-large at the first general election following the
19expiration of a term of office. As used in this subsection, a
20vacancy does not include the expiration of a term of an
21at-large judge or of a resident judge who intends to seek
22retention in that office at the next term.
23    (d) The one resident judgeship elected from Monroe County
24before the 2022 general election shall become a resident judge
25in Monroe County in the 24th circuit on December 5, 2022, the
26one resident judgeship elected from Randolph County before the

 

 

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12022 general election shall become a resident judge in
2Randolph County in the 24th circuit on December 5, 2022, the
3one resident judgeship elected from Perry County before the
42022 general election shall become a resident judge in Perry
5County in the 24th circuit on December 5, 2022, and the one
6resident judgeship elected from Washington County before the
72022 general election shall become a resident judge in
8Washington County in the 24th circuit on December 5, 2022.
9    (e) On December 5, 2022, the Supreme Court shall allocate
10the associate judgeships of the 20th circuit before that date
11between the 20th and 24th circuits based on the residency of
12the associate judges. Any vacancies in associate judgeships
13shall be filled in accordance with the Associate Judges Act.
14    (f) On December 5, 2022, the Supreme Court shall allocate
15personnel, books, records, documents, real and personal
16property, funds, assets, liabilities, and pending matters
17concerning the 20th circuit before that date between the 20th
18and 24th circuits based on the population and staffing needs
19of those circuits and the efficient and proper administration
20of the judicial system. The rights of employees under
21applicable collective bargaining agreements are not affected
22by this amendatory Act of the 102nd General Assembly.
23    (g) The judgeships set forth in this Section include the
24judgeships authorized under Section 2c.
 
25    (705 ILCS 35/37 new)

 

 

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1    Sec. 37. Currently serving circuit judges. Nothing in this
2amendatory Act of the 102nd General Assembly shall affect the
3tenure of any circuit judge serving on the effective date of
4this amendatory Act. No circuit judge serving on the effective
5date of this amendatory Act of the 102nd General Assembly
6shall be required to change his or her residency in order to
7continue serving in office or to seek retention in office. Any
8circuit judge elected to that office prior to the effective
9date of this amendatory Act of the 102nd General Assembly who
10files to run for retention after the effective date of this
11amendatory Act shall have the right to seek retention in the
12circuit the judge was elected from or to seek retention in the
13circuit created by this amendatory Act. The Secretary of
14State, not less than 63 days before the election, shall
15certify the judge's candidacy to the proper election
16officials.
 
17    Section 10. The Judicial Vacancies Act is amended by
18changing Section 2 as follows:
 
19    (705 ILCS 40/2)  (from Ch. 37, par. 72.42)
20    Sec. 2. (a) Except as provided in paragraphs (1), (2),
21(3), (4), and (5) of this subsection (a), vacancies in the
22office of a resident circuit judge in any county or in any unit
23or subcircuit of any circuit shall not be filled.
24        (1) If in any county of less than 45,000 inhabitants

 

 

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1    there remains in office no other resident judge following
2    the occurrence of a vacancy, such vacancy shall be filled.
3        (2) If in any county of 45,000 or more but less than
4    60,000 inhabitants there remains in office only one
5    resident judge following the occurrence of a vacancy, such
6    vacancy shall be filled.
7        (3) If in any county of 60,000 or more inhabitants,
8    other than the County of Cook or as provided in paragraph
9    (5), there remain in office no more than 2 resident judges
10    following the occurrence of a vacancy, such vacancy shall
11    be filled.
12        (4) The County of Cook shall have 165 resident judges
13    on and after the effective date of this amendatory Act of
14    1990. Of those resident judgeships, (i) 56 shall be those
15    authorized before the effective date of this amendatory
16    Act of 1990 from the unit of the Circuit of Cook County
17    within Chicago, (ii) 27 shall be those authorized before
18    the effective date of this amendatory Act of 1990 from the
19    unit of the Circuit of Cook County outside Chicago, (iii)
20    12 shall be additional resident judgeships first elected
21    at the general election in November of 1992, (iv) 10 shall
22    be additional resident judgeships first elected at the
23    general election in November of 1994, and (v) 60 shall be
24    additional resident judgeships to be authorized one each
25    for each reduction upon vacancy in the office of associate
26    judge in the Circuit of Cook County as those vacancies

 

 

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1    exist or occur on and after the effective date of this
2    amendatory Act of 1990 and as those vacancies are
3    determined under subsection (b) of Section 2 of the
4    Associate Judges Act until the total resident judgeships
5    authorized under this item (v) is 60. Seven of the 12
6    additional resident judgeships provided in item (iii) may
7    be filled by appointment by the Supreme Court during the
8    period beginning on the effective date of this amendatory
9    Act of 1990 and ending 60 days before the primary election
10    in March of 1992; those judicial appointees shall serve
11    until the first Monday in December of 1992. Five of the 12
12    additional resident judgeships provided in item (iii) may
13    be filled by appointment by the Supreme Court during the
14    period beginning July 1, 1991 and ending 60 days before
15    the primary election in March of 1992; those judicial
16    appointees shall serve until the first Monday in December
17    of 1992. Five of the 10 additional resident judgeships
18    provided in item (iv) may be filled by appointment by the
19    Supreme Court during the period beginning July 1, 1992 and
20    ending 60 days before the primary election in March of
21    1994; those judicial appointees shall serve until the
22    first Monday in December of 1994. The remaining 5 of the 10
23    additional resident judgeships provided in item (iv) may
24    be filled by appointment by the Supreme Court during the
25    period beginning July 1, 1993 and ending 60 days before
26    the primary election in March of 1994; those judicial

 

 

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1    appointees shall serve until the first Monday in December
2    1994. The additional resident judgeships created upon
3    vacancy in the office of associate judge provided in item
4    (v) may be filled by appointment by the Supreme Court
5    beginning on the effective date of this amendatory Act of
6    1990; but no additional resident judgeships created upon
7    vacancy in the office of associate judge provided in item
8    (v) shall be filled during the 59 day period before the
9    next primary election to nominate judges. The Circuit of
10    Cook County shall be divided into units to be known as
11    subcircuits as provided in Section 2f of the Circuit
12    Courts Act. A vacancy in the office of resident judge of
13    the Circuit of Cook County existing on or occurring on or
14    after the effective date of this amendatory Act of 1990,
15    but before the date the subcircuits are created by law,
16    shall be filled by appointment by the Supreme Court from
17    the unit within Chicago or the unit outside Chicago, as
18    the case may be, in which the vacancy occurs and filled by
19    election from the subcircuit to which it is allotted under
20    Section 2f of the Circuit Courts Act. A vacancy in the
21    office of resident judge of the Circuit of Cook County
22    existing on or occurring on or after the date the
23    subcircuits are created by law shall be filled by
24    appointment by the Supreme Court and by election from the
25    subcircuit to which it is allotted under Section 2f of the
26    Circuit Courts Act.

 

 

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1        (5) Notwithstanding paragraphs (1), (2), and (3) of
2    this subsection (a), resident judges in the 12th, 16th,
3    17th, 19th, 22nd, and 23rd, and 24th judicial circuits are
4    as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6,
5    2f-9, and 2f-10, and 2f-12 of the Circuit Courts Act.
6    (b) Nothing in paragraphs (2) or (3) of subsection (a) of
7this Section shall be construed to require or permit in any
8county a greater number of resident judges than there were
9resident associate judges on January 1, 1967.
10    (c) Vacancies authorized to be filled by this Section 2
11shall be filled in the manner provided in Article VI of the
12Constitution.
13    (d) A person appointed to fill a vacancy in the office of
14circuit judge shall be, at the time of appointment, a resident
15of the subcircuit from which the person whose vacancy is being
16filled was elected if the vacancy occurred in a circuit
17divided into subcircuits. If a vacancy in the office of
18circuit judge occurred in a circuit not divided into
19subcircuits, a person appointed to fill the vacancy shall be,
20at the time of appointment, a resident of the circuit from
21which the person whose vacancy is being filled was elected.
22Except as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6,
23and 2f-9 of the Circuit Courts Act, if a vacancy occurred in
24the office of a resident circuit judge, a person appointed to
25fill the vacancy shall be, at the time of appointment, a
26resident of the county from which the person whose vacancy is

 

 

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1being filled was elected.
2(Source: P.A. 98-744, eff. 7-16-14.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.