Full Text of SB1681 94th General Assembly
SB1681ham001 94TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 10/25/2005
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| AMENDMENT TO SENATE BILL 1681
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| AMENDMENT NO. ______. Amend Senate Bill 1681 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Circuit Courts Act is amended by changing | 5 |
| Sections 2, 2f-1, 2f-2, and 2f-5 as follows:
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| (705 ILCS 35/2) (from Ch. 37, par. 72.2)
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| Sec. 2. Circuit judges shall be elected at the general | 8 |
| elections and
for terms as provided in Article VI of the | 9 |
| Illinois Constitution.
Ninety-four circuit judges shall be | 10 |
| elected in the Circuit of Cook
County and 3 circuit
judges | 11 |
| shall be elected in each of the other
circuits, but in circuits | 12 |
| other than Cook County containing a population
of 230,000 or | 13 |
| more inhabitants and in which there is included a county
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| containing a population of 200,000 or more inhabitants, or in | 15 |
| circuits
other than Cook County containing a population of | 16 |
| 270,000 or more
inhabitants, according to the last preceding | 17 |
| federal census and in the
circuit where the seat of State | 18 |
| government is situated at the time fixed
by law for the | 19 |
| nomination of judges of the Circuit Court in such circuit
and | 20 |
| in any circuit which meets the requirements set out in Section | 21 |
| 2a of
this Act, 4 circuit judges shall be elected in the manner | 22 |
| provided by
law. In circuits other than Cook County in which | 23 |
| each county in the
circuit has a population of 475,000 or more, | 24 |
| 4 circuit judges shall be
elected in addition to the 4 circuit |
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| judges provided for in this
Section. In any circuit composed of | 2 |
| 2 counties having a total
population of 350,000 or more, one | 3 |
| circuit judge shall be elected in
addition to the 4 circuit | 4 |
| judges provided for in this Section.
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| This Section shall not apply to the determination of the | 6 |
| number of circuit judgeships in the 19th and 22nd judicial | 7 |
| circuits. The number of circuit judgeships in the 19th judicial | 8 |
| circuit shall be determined in accordance with Section 2f-1 and | 9 |
| Section 2f-2. The number of circuit judgeships in the 22nd | 10 |
| judicial circuit shall be determined in accordance with Section | 11 |
| 2f-1 and Section 2f-5.
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| Notwithstanding the provisions of this Section or any other | 13 |
| law, the number
of at large judgeships of the 12th judicial | 14 |
| circuit may be reduced by one or 2
judgeships as provided in | 15 |
| subsection (a-10) of Section 2f-4.
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| The
several judges of the circuit courts of this State, | 17 |
| before entering upon
the duties of their office, shall take and | 18 |
| subscribe the following oath
or affirmation, which shall be | 19 |
| filed in the office of the Secretary of
State:
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| "I do solemnly swear (or affirm, as the case may be) that I | 21 |
| will
support the constitution of the United States, and the | 22 |
| constitution of
the State of Illinois, and that I will | 23 |
| faithfully discharge the duties
of judge of.... court, | 24 |
| according to the best of my ability."
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| One of the 3 additional circuit judgeships authorized by
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| this amendatory Act in circuits other than Cook County in which | 27 |
| each
county in the circuit has a population of 475,000 or more | 28 |
| may be filled
when this Act becomes law. The 2 remaining | 29 |
| circuit
judgeships in such circuits shall not be filled until | 30 |
| on or after July
1, 1977.
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| (Source: P.A. 93-541, eff. 8-18-03.)
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| (705 ILCS 35/2f-1)
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| Sec. 2f-1. 19th and 22nd judicial circuits.
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| (a) On December 4, 2006, the 19th judicial circuit is | 2 |
| divided into the 19th
and
22nd judicial circuits as provided in | 3 |
| Section 1 of the Circuit Courts Act. This
division
does not | 4 |
| invalidate any action taken by the 19th judicial circuit or any | 5 |
| of its
judges,
officers, employees, or agents before December | 6 |
| 4, 2006. This division does not
affect
any person's rights, | 7 |
| obligations, or duties, including applicable civil and
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| criminal
penalties, arising out of any action taken by the 19th | 9 |
| judicial circuit or any
of its judges,
officers, employees, or | 10 |
| agents before December 4, 2006.
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| (b) Of the 7 circuit judgeships elected at large in the | 12 |
| 19th circuit before
the
general election in 2006, the Supreme | 13 |
| Court shall assign 5 to the 19th circuit
and 2 to the
22nd | 14 |
| circuit, based on residency of the circuit judges then holding | 15 |
| those
judgeships. The
5 assigned to the 19th circuit shall | 16 |
| continue to be elected at large.
The 2 assigned to the 22nd | 17 |
| circuit shall continue to be elected at large. The number of at | 18 |
| large judgeships assigned to the 19th judicial circuit pursuant | 19 |
| to this subsection shall constitute all the at large judgeships | 20 |
| of the 19th judicial circuit. The number of at large judgeships | 21 |
| assigned to the 22nd judicial circuit pursuant to this | 22 |
| subsection shall constitute all the at large judgeships of the | 23 |
| 22nd judicial circuit.
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| (c) The 6 resident judgeships elected from Lake County | 25 |
| before the general
election in 2006 shall become resident | 26 |
| judgeships in the 19th circuit on
December 4,
2006, and the 3 | 27 |
| resident judgeships elected from McHenry County before the
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| general
election in 2006 shall become resident judgeships in | 29 |
| the 22nd circuit on
December 4,
2006.
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| (d) On December 4, 2006, the Supreme Court shall allocate | 31 |
| the associate
judgeships of the 19th circuit before that date | 32 |
| between the 19th and 22nd
circuits based
on the residency of | 33 |
| the associate judges; however, the number of associate judges | 34 |
| allocated to the 19th circuit shall be no less than the number |
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| of associate judges residing in Lake County on March 22, 2004.
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| (e) On December 4, 2006, the Supreme Court shall allocate | 3 |
| personnel, books,
records, documents, property (real and | 4 |
| personal), funds, assets, liabilities,
and pending
matters | 5 |
| concerning the 19th circuit before that date between the 19th | 6 |
| and 22nd
circuits
based on the population and staffing needs of | 7 |
| those circuits and the efficient
and proper
administration of | 8 |
| the judicial system. The rights of employees under applicable
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| collective bargaining agreements are not affected by this | 10 |
| amendatory Act of the
93rd
General Assembly.
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| (f) The judgeships set forth in this Section include the | 12 |
| judgeships
authorized
under Sections 2g, 2h, and 2j. The | 13 |
| judgeships authorized in those Sections are
not in
addition to | 14 |
| those set forth in this Section.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04.)
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| (705 ILCS 35/2f-2)
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| Sec. 2f-2. 19th judicial circuit; subcircuits.
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| (a) The 19th circuit shall be divided into 6 subcircuits. | 19 |
| The
subcircuits shall be
compact, contiguous, and | 20 |
| substantially equal in population. The General
Assembly by law | 21 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 23 |
| numerical order for the 6 subcircuits. That
numerical order | 24 |
| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. Once a resident judgeship is | 26 |
| assigned to a subcircuit, it
shall continue to be assigned to | 27 |
| that subcircuit for all purposes.
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| (b) The 19th circuit shall have a total of 6 resident | 29 |
| judgeships. The number of resident judgeships allotted to | 30 |
| subcircuits of the 19th judicial circuit pursuant to this | 31 |
| Section shall constitute all the resident judgeships of the | 32 |
| 19th judicial circuit.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 19th circuit existing on or | 2 |
| occurring on or after the
effective date of this
amendatory Act
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| of the 93rd General Assembly and not filled at the 2004 general | 4 |
| election
and (ii) the resident judgeships of the 19th
circuit | 5 |
| filled at the 2004
general election as those judgeships | 6 |
| thereafter become vacant,
for election from the
various
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| subcircuits until there is one resident judge to be elected | 8 |
| from each
subcircuit.
No resident judge of the 19th circuit | 9 |
| serving on
the effective date of this amendatory Act of the | 10 |
| 93rd General Assembly shall be
required to change his or her | 11 |
| residency in order to continue serving in office
or
to seek | 12 |
| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 15 |
| continue to reside in
that
subcircuit as long as he or she | 16 |
| holds that office.
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| (e) Vacancies in resident judgeships of the 19th circuit | 18 |
| shall be
filled
in the manner provided in Article VI of the | 19 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 21 |
| 93-1102, eff. 4-7-05.)
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| (705 ILCS 35/2f-5)
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| Sec. 2f-5. 22nd circuit; subcircuits; additional resident | 24 |
| judgeship.
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| (a) The 22nd circuit shall be divided into 4 subcircuits. | 26 |
| The
subcircuits shall be
compact, contiguous, and | 27 |
| substantially equal in population. The General
Assembly by law | 28 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 30 |
| numerical order for the 4 subcircuits. That numerical
order | 31 |
| shall
be the basis for the order in which resident judgeships | 32 |
| are assigned to the
subcircuits.
Once a resident judgeship is
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| assigned to a subcircuit, it shall continue to be
assigned to
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| that subcircuit for all purposes.
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| (b) The 22nd circuit shall have one additional resident | 3 |
| judgeship, as well as its 3 existing resident judgeships, for a | 4 |
| total of 4 resident judgeships to be allotted to the 4 | 5 |
| subcircuit resident judgeships. The additional resident | 6 |
| judgeship created by this amendatory Act of the 93rd General | 7 |
| Assembly shall be filled by election beginning at the general | 8 |
| election in 2006 and shall not be filled by appointment before | 9 |
| the general election in 2006.
The number of resident judgeships | 10 |
| allotted to subcircuits of the 22nd judicial circuit pursuant | 11 |
| to this Section shall constitute all the resident judgeships of | 12 |
| the 22nd judicial circuit.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 22nd circuit existing on or | 15 |
| occurring on or after August 18, 2003 and not filled at the | 16 |
| 2004 general election, (ii) the resident
judgeships of the 22nd | 17 |
| circuit filled at the 2004 general election as
those judgeships | 18 |
| thereafter become vacant,
and (iii) the additional resident | 19 |
| judgeship of the 22nd circuit created by this amendatory Act of | 20 |
| the 93rd General Assembly, for election from the
various
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| subcircuits until there is one resident judge to be elected | 22 |
| from each
subcircuit.
No resident judge of the 22nd circuit | 23 |
| serving on
August 18, 2003 shall be
required to change his or | 24 |
| her residency in order to continue serving in office
or
to seek | 25 |
| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 28 |
| continue to reside in
that
subcircuit as long as he or she | 29 |
| holds that office.
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| (e) Vacancies in resident judgeships of the 22nd circuit | 31 |
| shall be
filled
in the manner provided in Article VI of the | 32 |
| Illinois Constitution.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 34 |
| 93-1102, eff. 4-7-05.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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