Illinois General Assembly - Full Text of SB0119
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Full Text of SB0119  95th General Assembly

SB0119ham001 95TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Adopted in House Comm. on Jun 20, 2007

 

 


 

 


 
09500SB0119ham001 LRB095 03858 RCE 37652 a

1
AMENDMENT TO SENATE BILL 119

2     AMENDMENT NO. ______. Amend Senate Bill 119 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Circuit Courts Act is amended by changing
5 Section 2f-9 and by adding Section 2k and 2l as follows:
 
6     (705 ILCS 35/2f-9)
7     Sec. 2f-9. 16th judicial circuit; subcircuits.
8     (a) The 16th circuit shall be divided into 5 subcircuits.
9 The subcircuits shall be compact, contiguous, and
10 substantially equal in population. The General Assembly by law
11 shall create the subcircuits, using population data as
12 determined by the 2000 federal census, and shall determine a
13 numerical order for the 5 subcircuits. That numerical order
14 shall be the basis for the order in which resident judgeships
15 are assigned to the subcircuits. Once a resident judgeship is
16 assigned to a subcircuit, it shall continue to be assigned to

 

 

09500SB0119ham001 - 2 - LRB095 03858 RCE 37652 a

1 that subcircuit for all purposes.
2     (b) Of the 16th circuit's 16 existing circuit judgeships
3 existing on April 7, 2005 (7 at large and 9 resident), but not
4 including the one resident judgeship added by this amendatory
5 Act of the 95th General Assembly, 5 of the 9 resident
6 judgeships shall be allotted as 16th circuit resident
7 judgeships under subsection (c) as (i) the first resident
8 judgeship of DeKalb County, (ii) the first resident judgeship
9 of Kendall County, and (iii) the first 2 resident judgeships of
10 Kane County are or become vacant on or after the effective date
11 of this amendatory Act of the 93rd General Assembly, and (iv)
12 the first resident judgeship of Kane County (in addition to the
13 2 vacancies under item (iii)) is or becomes vacant after the
14 effective date of this amendatory Act of the 94th General
15 Assembly. These 5 resident subcircuit judgeships and the
16 remaining 5 4 resident judgeships shall constitute all of the
17 resident judgeships of the 16th circuit. As used in this
18 subsection, a vacancy does not include the expiration of a term
19 of a resident judge who seeks retention in that office at the
20 next term.
21     (c) The Supreme Court shall allot the first DeKalb County
22 vacancy, the first eligible Kendall County vacancy, and the
23 first 3 Kane County vacancies in resident judgeships of the
24 16th circuit as provided in subsection (b), for election from
25 the various subcircuits. The judgeships shall be assigned to
26 the subcircuits based upon the numerical order of the 5

 

 

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1 subcircuits. No resident judge of the 16th circuit serving on
2 the effective date of this amendatory Act of the 93rd General
3 Assembly shall be required to change his or her residency in
4 order to continue serving in office or to seek retention in
5 office as judgeships are allotted by the Supreme Court in
6 accordance with this Section.
7     (d) A resident judge elected from a subcircuit shall
8 continue to reside in that subcircuit as long as he or she
9 holds that office.
10     (e) Vacancies in resident judgeships of the 16th circuit
11 shall be filled in the manner provided in Article VI of the
12 Illinois Constitution.
13 (Source: P.A. 93-1102, eff. 4-7-05; 94-3, eff. 5-31-05.)
 
14     (705 ILCS 35/2k new)
15     Sec. 2k. Additional 16th circuit resident judge. In
16 addition to the number of circuit judges otherwise authorized
17 by this Act, there shall be one additional judge elected in the
18 16th judicial circuit who shall be a resident of and elected
19 from Kendall County. The additional resident circuit judgeship
20 created by this Section may be filled by appointment by the
21 Illinois Supreme Court until the judgeship is filled by
22 election beginning at the 2008 general election. The judgeship
23 provided by this Section shall not be a subcircuit judgeship.
 
24     (705 ILCS 35/2l new)

 

 

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1     Sec. 2l. Additional 13th circuit judge. In addition to the
2 number of circuit judges otherwise authorized by this Act,
3 there shall be one additional judge elected in the 13th
4 judicial circuit who shall be a resident of and elected from
5 Grundy County. The additional judgeship created by this Section
6 may be filled by appointment by the Illinois Supreme Court
7 until the judgeship is filled by election beginning at the 2008
8 general election.
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.".