Full Text of HB4969 98th General Assembly
HB4969ham001 98TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 3/20/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4969
| 2 | | AMENDMENT NO. ______. Amend House Bill 4969 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by adding Section | 5 | | 4-11001.5 as follows: | 6 | | (55 ILCS 5/4-11001.5 new) | 7 | | Sec. 4-11001.5. Lengthy Trial Fund. | 8 | | (a) The Lengthy Trial Fund is established as a special fund | 9 | | in the State treasury. Moneys in the Lengthy Trial Fund shall | 10 | | be used to provide full or partial wage replacement or wage | 11 | | supplementation to jurors who serve as petit jurors for more | 12 | | than 10 days.
| 13 | | (b) The Supreme Court shall adopt rules providing for the | 14 | | following:
| 15 | | (1) the selection and appointment of an administrator | 16 | | for the Fund; |
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| 1 | | (2) procedures for its administration that provide | 2 | | that moneys in the Fund shall be used to make wage | 3 | | replacement or wage supplementation as provided in this | 4 | | Section to jurors participating on juries in trials where | 5 | | jury service extends 11 days or longer and to recover all | 6 | | the costs of administering the Fund, including payments of | 7 | | salaries of the administrator and other necessary | 8 | | personnel; | 9 | | (3) the accounting, auditing, and investment of moneys | 10 | | in the Lengthy Trial Fund in accordance with State law | 11 | | pertaining to similar funds; and | 12 | | (4) the inclusion of a report by the Supreme Court on | 13 | | the administration of the Lengthy Trial Fund in its annual | 14 | | report on the judicial branch, setting forth the moneys | 15 | | collected for and disbursed from the Fund.
| 16 | | (c) Notwithstanding any other fees payable under the laws | 17 | | of this State, the clerk of the circuit court shall collect for | 18 | | each new filing in a civil case, unless otherwise exempted | 19 | | under this Section, a fee of $10 per case for deposit into the | 20 | | Lengthy Trial Fund. A new filing is deemed to have been made at | 21 | | the time in an action that the first pleading or other filing | 22 | | on which an individual's or attorney's name appears is | 23 | | submitted to the court for filing. The clerk of the circuit | 24 | | court shall forward all fees collected under this subsection | 25 | | (c) to the administrator of the Lengthy Trial Fund for deposit. | 26 | | (d) The administrator shall, on or before the 15th day of |
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| 1 | | each month, transmit all moneys received from any clerk of the | 2 | | circuit court to the State Treasurer for deposit into the | 3 | | Lengthy Trial Fund.
| 4 | | (e) The administrator shall use the fees deposited in the | 5 | | Lengthy Trial Fund to pay replacement or supplemental wages | 6 | | under subsection (g) to jurors whose employers pay less than | 7 | | full regular wages. | 8 | | (f) Not more than 3% of the moneys in the Lengthy Trial | 9 | | Fund may be used for the reasonable and necessary costs of | 10 | | administering the Fund. | 11 | | (g) The court may pay replacement or supplemental wages of | 12 | | up to $300 per day per juror beginning on the 11th day of jury | 13 | | service. In addition, if a juror who qualifies for payment by | 14 | | virtue of having served on a jury for more than 10 days, the | 15 | | court may, upon finding that the service posed a significant | 16 | | financial hardship to a juror, even in light of payments made | 17 | | with respect to jury service after the tenth day, award | 18 | | replacement or supplemental wages of up to $100 per day from | 19 | | the 4th to the 10th day of jury service. | 20 | | (h) A juror who is serving or has served on a jury that | 21 | | qualifies for payment from the Lengthy Trial Fund, provided the | 22 | | service commenced on or after the effective date of this | 23 | | amendatory Act of the 98th General Assembly, may submit a | 24 | | request for payment from the Lengthy Trial Fund on a form that | 25 | | the administrator provides. Payment shall be limited to the | 26 | | difference between the State-paid jury fee and the actual |
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| 1 | | amount of wages a juror earns, up to the maximum level payable, | 2 | | minus any amount the juror actually receives from the employer | 3 | | during the same time period.
| 4 | | The request for payment shall disclose the juror's regular | 5 | | wages, the amount the employer will pay during the term of jury | 6 | | service starting on the 11th day and thereafter, the amount of | 7 | | replacement or supplemental wages requested, and any other | 8 | | information the administrator deems necessary for proper | 9 | | payment. | 10 | | The juror shall also submit verification from the employer | 11 | | as to the wage information provided to the administrator, such | 12 | | as the employee's most recent earnings statement or a similar | 13 | | document, prior to initiation of payment from the Fund. | 14 | | If a juror is self-employed or receives compensation other | 15 | | than wages, the juror may provide a sworn affidavit attesting | 16 | | to his or her approximate gross weekly income, together with | 17 | | any other information that the administrator may require in | 18 | | order to verify weekly income. | 19 | | Documents submitted pursuant to this subsection (h) are not | 20 | | public records and shall not be disclosed to the general | 21 | | public.
| 22 | | (i) The following attorneys, persons, cases, claims, | 23 | | actions, and filings are exempt from payment of the Lengthy | 24 | | Trial Fund fee:
| 25 | | (1) government attorneys entering appearances in the | 26 | | course of their official duties; |
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| 1 | | (2) pro se litigants; | 2 | | (3) cases in small claims court; or | 3 | | (4) claims seeking disability determinations; child | 4 | | custody and support cases; actions brought in forma | 5 | | pauperis; and any other filings designated by rule that | 6 | | involve minimal use of court resources or that customarily | 7 | | are not afforded the opportunity for a trial by jury.
| 8 | | Section 10. The Jury Act is amended by changing Sections | 9 | | 4.1, 5, 8, 10.2, and 15 and by adding Section 10.5 as follows:
| 10 | | (705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
| 11 | | Sec. 4.1. Jury duty; notice to employer; right to time off.
| 12 | | (a) Any person who is not legally disqualified to serve on | 13 | | juries, and has
been duly summoned for jury duty for either | 14 | | petit or grand jury service,
shall not be required or requested | 15 | | to use annual, vacation, or sick leave for time spent | 16 | | responding to a summons for jury duty, time spent participating | 17 | | in the jury selection process, or time spent actually serving | 18 | | on a jury
be given time off from employment to serve upon the | 19 | | jury for which such
employee is summoned, regardless of the | 20 | | employment shift such employee is
assigned to at the time of | 21 | | service of such summons. An employee shall
give his employer | 22 | | reasonable notice of required jury service. An employer
may not | 23 | | deny an employee time off for jury duty because such employee | 24 | | is
then assigned to work a night shift of employment, that is, |
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| 1 | | an employer
cannot require a night shift worker to work while | 2 | | such employee is doing
jury duty in the daytime. | 3 | | Nothing in this subsection (a) shall be construed to | 4 | | require an employer to provide annual, vacation, or sick leave | 5 | | to employees under this Act who otherwise are not entitled to | 6 | | such benefits under company policies.
| 7 | | (b) No employer shall discharge, threaten to discharge, | 8 | | intimidate , or otherwise subject
or
coerce any employee to any | 9 | | other adverse employment action by reason of the employee's | 10 | | jury service, or the
attendance or scheduled attendance in | 11 | | connection with such service, in any
court of this State.
| 12 | | (c) If an employee gives reasonable notice of required jury | 13 | | service, any
employer who violates the provisions of this | 14 | | Section:
| 15 | | (1) may be charged with contempt of court. In such an | 16 | | event, the
State's Attorney shall file a petition for civil | 17 | | contempt, criminal
contempt, or both, against the employer | 18 | | to be prosecuted by the State's
Attorney; and
| 19 | | (2) shall be liable for damages for any loss of wages | 20 | | or other
benefits suffered by an employee by reason of the | 21 | | violation; and
| 22 | | (3) may be enjoined from further violations of this
| 23 | | Section and ordered to reinstate any employee discharged
by | 24 | | reason of jury service.
| 25 | | As used in this Section, "reasonable notice of required | 26 | | jury service"
means that the employee summoned for jury duty |
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| 1 | | must deliver to the employer
a copy of the summons within 10 | 2 | | days of the date of issuance of the summons
to the employee.
| 3 | | (d) Any individual who is reinstated to a position of | 4 | | employment in
accordance with this Section shall be considered | 5 | | as having been on furlough or
leave of absence during his | 6 | | period of jury service, shall be reinstated to
his position of | 7 | | employment without loss of seniority, and shall be entitled
to | 8 | | participate in insurance or other benefits offered by the | 9 | | employer under
established rules and practices relating to | 10 | | employees on furlough or leave
of absence in effect with the | 11 | | employer at the time the individual entered
upon jury service.
| 12 | | (e) In any action or proceeding under this Section, the | 13 | | court may award
a prevailing employee who brings the action by | 14 | | retained counsel a
reasonable attorney's fee.
| 15 | | (f) Any right or remedy provided in this Section is in | 16 | | addition to any
right or remedy otherwise provided by law to an | 17 | | employee.
| 18 | | (g) No employer shall be obligated to compensate an | 19 | | employee for time
taken off for jury duty.
| 20 | | (g-5) The court shall automatically postpone and | 21 | | reschedule the service of a summoned juror who is employed by | 22 | | an employer with 5 or fewer full-time employees, or the | 23 | | equivalent, if another employee of that employer has been | 24 | | summoned to appear during the same period. The postponement | 25 | | under this subsection does not constitute the excused | 26 | | individual's automatic postponement under Section 10.4 of this |
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| 1 | | Act.
| 2 | | (h) The official responsible for issuing the summons may | 3 | | advise the
juror of his rights under this Act by printed insert | 4 | | with the summons or on
the summons itself.
| 5 | | (Source: P.A. 86-1395; 87-616.)
| 6 | | (705 ILCS 305/5) (from Ch. 78, par. 5)
| 7 | | Sec. 5. Subsequent selections; length of service.
| 8 | | (a) At the time of making such selection, the name of the | 9 | | person
selected shall be checked off from such list, and shall | 10 | | not be again
selected as a juror till every person named upon | 11 | | such list qualified to
serve as a juror has been selected; and | 12 | | all subsequent selections of jurors
by such board shall be made | 13 | | from such list until all persons thereon
qualified to serve | 14 | | have been selected, or until a new list is made:
Provided, if | 15 | | any person who has been selected as a juror shall not have
been | 16 | | drawn, or have served upon a jury during the year for which he | 17 | | was
selected, he shall, if qualified, be selected for the next | 18 | | year.
| 19 | | (b) In a county with a population greater than 100,000, | 20 | | service of prospective petit jurors shall be for no more than | 21 | | one court day in actual attendance, unless a prospective petit | 22 | | juror is selected to serve in a trial or is under consideration | 23 | | to serve on a trial and such consideration covers a period of 2 | 24 | | or more days. Once selected, a petit juror shall serve on the | 25 | | jury for the duration of the trial unless excused by the |
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| 1 | | presiding judge.
| 2 | | (Source: P.A. 86-1053.)
| 3 | | (705 ILCS 305/8) (from Ch. 78, par. 8)
| 4 | | Sec. 8. Drawing names of jurors.
| 5 | | (a) Upon a day designated by the judge of the court, which | 6 | | shall
be at least 20 days before the first day for which any of | 7 | | the panel then to
be drawn is summoned, the clerk of such court | 8 | | shall repair to the office of
the county clerk, and in the | 9 | | presence of a judge and of such county clerk,
after the box | 10 | | containing the names has been well shaken by the county
clerk, | 11 | | and being blindfolded shall, without partiality, draw from such | 12 | | box
the names of a sufficient number of such persons, then | 13 | | residents of the
county, not less than 30 for each 2 weeks that | 14 | | such court will probably be
in session for the trial of common | 15 | | law cases, to constitute the petit
jurors for the time being | 16 | | and where there is an additional judge in such
court, a like | 17 | | number for each additional judge requiring a jury, unless the
| 18 | | court shall otherwise order: Provided, that the clerk shall at | 19 | | any time,
when directed by an order of the court draw in the | 20 | | manner above provided,
such number of persons then residents of | 21 | | the county, as shall be required
by the order to act as petit | 22 | | jurors in such court for such time as may be
fixed in such | 23 | | order: And provided, that should the clerk draw from the box
| 24 | | the name of a person who is known to be dead, to have been | 25 | | selected as a
grand juror, a non-resident, absent from the |
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| 1 | | State, unable to attend in
consequence of illness, or that he | 2 | | is legally disqualified to serve as a
juror, the clerk shall | 3 | | report the name of such person to the county clerk,
and the | 4 | | clerk of such court shall draw other names until the required
| 5 | | number have been selected: Provided, also that whenever there | 6 | | is pending
for trial in any of the courts, any criminal cause | 7 | | wherein the defendant is
charged with a felony, and the judge | 8 | | holding such court is convinced from
the circumstances of the | 9 | | case that a jury cannot be obtained from the
regular panel to | 10 | | try the cause, the judge may in his discretion, prior to
the | 11 | | day fixed for the trial of the cause, direct the clerk to draw | 12 | | (in the
same manner as the regular panel is drawn,) not | 13 | | exceeding 100 names as a
special panel from which a jury may be | 14 | | selected to try the cause.
| 15 | | (b) Notwithstanding the provisions of subsection (a), | 16 | | names of jurors
may be randomly drawn by computer.
| 17 | | (Source: P.A. 86-1053.)
| 18 | | (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
| 19 | | Sec. 10.2. Excusing prospective jurors; hardship.
| 20 | | (a) An individual may apply to be excused from jury service | 21 | | for a period of up to 24 months, instead of seeking a | 22 | | postponement, when either: | 23 | | (1) the prospective juror has a mental or physical | 24 | | condition that causes him or her to be incapable of | 25 | | performing jury service. The juror, or the juror's personal |
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| 1 | | representative, must provide the court with documentation | 2 | | from a physician licensed to practice medicine in all its | 3 | | branches verifying that a mental or physical condition | 4 | | renders the person unfit for jury service for a period not | 5 | | less than the 24-month period for which the excuse is | 6 | | sought; or | 7 | | (2) jury service would otherwise cause undue or extreme | 8 | | physical or financial hardship to the prospective juror or | 9 | | a person under his or her care or supervision. A judge of | 10 | | the court for which the individual was called to jury | 11 | | service shall make determinations regarding undue or | 12 | | extreme physical or financial hardship. The authority to | 13 | | make these determinations is delegable only to court | 14 | | officials or personnel who are authorized by the laws of | 15 | | this State to function as members of the judiciary.
| 16 | | (b) A person asking to be excused from jury service under | 17 | | this Section must take all actions necessary to have obtained a | 18 | | ruling on that request by no later than the date on which the | 19 | | individual is scheduled to appear for jury duty. | 20 | | (c) For purposes of this Section, "undue or extreme | 21 | | physical or financial hardship" is limited to circumstances in | 22 | | which an individual would:
| 23 | | (1) be required to abandon a person under his or her | 24 | | personal care or supervision due to the impossibility of | 25 | | obtaining reasonable alternative care during the period of | 26 | | participation in the jury pool or on the jury; or |
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| 1 | | (2) incur costs that would have a substantial adverse | 2 | | impact on the payment of the individual's necessary daily | 3 | | living expenses or on those for whom he or she provides the | 4 | | principle means of support; or | 5 | | (3) suffer physical hardship that would result in | 6 | | illness or disease. | 7 | | Undue or extreme physical or financial hardship does not | 8 | | exist solely based on the fact that a prospective juror is | 9 | | required to be absent from his or her place of employment. A | 10 | | person asking a judge to grant an excuse based on undue or | 11 | | extreme physical or financial hardship shall provide the judge | 12 | | with documentation, such as, but not limited to, federal and | 13 | | State income tax returns, medical statements from licensed | 14 | | physicians, proof of dependency or guardianship, and similar | 15 | | documents which the judge finds to clearly support the request | 16 | | to be excused. Failure to provide satisfactory documentation | 17 | | shall result in a denial of the request to be excused. These | 18 | | documents are not public records and shall not be disclosed to | 19 | | the general public.
| 20 | | (d) After 24 months, a person excused from jury service | 21 | | shall become eligible once again for qualification as a juror | 22 | | unless the person was excused from service permanently. A | 23 | | person is excused from jury service permanently only when the | 24 | | deciding judge determines that the underlying grounds for being | 25 | | excused are of a permanent nature.
| 26 | | The county boards of the respective counties, the jury
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| 1 | | commissioners for those counties which have been appointed | 2 | | under the Jury
Commission Act,
or a jury administrator
shall | 3 | | submit
questionnaires to prospective jurors to inquire as to | 4 | | their qualifications
for jury service and as to the hardship | 5 | | that jury service would pose to the
prospective jurors. Upon | 6 | | prior approval by the chief judge of the judicial
circuits in | 7 | | which a county board, jury administrator,
or jury commissioners | 8 | | are situated, the
county board, jury administrator,
or jury | 9 | | commissioners shall excuse a prospective juror from jury
| 10 | | service if the prospective juror shows that such
service would | 11 | | impose an undue hardship
on account of the nature of the | 12 | | prospective juror's occupation, business
affairs, physical | 13 | | health, family situation, active duty in the Illinois
National | 14 | | Guard or Illinois Naval Militia, or other personal affairs, and
| 15 | | cause his or her name to be returned to the jury list or | 16 | | general jury list.
| 17 | | (b) When an undue hardship caused by a family situation is | 18 | | due to the
prospective juror being the primary care giver of a | 19 | | person with a mental or
physical disability, a person with a | 20 | | medically diagnosed behavior problem, or a
child under age 12, | 21 | | then the county board, jury commissioners or jury
administrator | 22 | | shall excuse such a prospective juror, if it finds that no
| 23 | | reasonable alternative care is feasible which would not impose | 24 | | an undue
hardship on the prospective juror or the person for | 25 | | whom the prospective juror
is providing care, or both.
| 26 | | (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)
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| 1 | | (705 ILCS 305/10.5 new) | 2 | | Sec. 10.5. Postponement of jury service. | 3 | | (a) Notwithstanding Section 10.2 or any other provision of | 4 | | this Act, an individual scheduled to appear for jury service | 5 | | has the right to postpone the date of his or her initial | 6 | | appearance for jury service one time only. When requested, a | 7 | | postponement shall be granted, provided that: | 8 | | (1) the juror has not previously been granted a | 9 | | postponement; | 10 | | (2) the prospective juror appears in person or contacts | 11 | | the clerk of the court by telephone, electronic mail, or in | 12 | | writing to request a postponement; and | 13 | | (3) prior to the grant of a postponement with the | 14 | | concurrence of the clerk of the court, the prospective | 15 | | juror fixes a date certain on which he or she will appear | 16 | | for jury service that is not more than 6 months after the | 17 | | date on which the prospective juror originally was called | 18 | | to serve and on which date the court will be in session.
| 19 | | (b) A subsequent request to postpone jury service may be | 20 | | approved by a judicial officer only in the event of an extreme | 21 | | emergency, such as a death in the family, sudden illness, or a | 22 | | natural disaster or a national emergency in which the | 23 | | prospective juror is personally involved and that could not | 24 | | have been anticipated at the time the initial postponement was | 25 | | granted. Prior to the grant of a second postponement, the |
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| 1 | | prospective juror must fix a date certain on which the | 2 | | individual will appear for jury service within 6 months of the | 3 | | postponement on a date when the court will be in session.
| 4 | | (705 ILCS 305/15) (from Ch. 78, par. 15)
| 5 | | Sec. 15. Penalties for failure to attend.
Every person who | 6 | | shall fail to attend when lawfully summoned
to appear as a | 7 | | grand or petit juror, without having properly obtained | 8 | | postponement or excuse pursuant to Sections 10.2 and 10.4
a
| 9 | | reasonable excuse , shall be considered in civil
as guilty of a
| 10 | | contempt, and
shall be fined by the courts, respectively, in | 11 | | any sum not less than $5
nor more than $500
$100 , for the use of | 12 | | the proper county, unless good cause
be shown for such default; | 13 | | and it shall be the duty of the court to
enter an order of | 14 | | attachment, returnable forthwith, against all such
| 15 | | delinquents, and upon the return thereof the court shall | 16 | | proceed to
assess the fine unless the person or persons so | 17 | | attached shall show
good cause for such delinquency: Provided, | 18 | | that the oath or affirmation
of any such delinquent shall, at | 19 | | all times, be received as competent
evidence. In addition to, | 20 | | or in lieu of, the fine, the court may order that the | 21 | | prospective juror complete a period of community service for a | 22 | | period no less than if the prospective juror would have | 23 | | completed jury service, and provide proof of completion of this | 24 | | community service to the court.
| 25 | | (Source: P.A. 83-346.)
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| 1 | | Section 15. The State Finance Act is amended by adding | 2 | | Section 5.855 as follows: | 3 | | (30 ILCS 105/5.855 new) | 4 | | Sec. 5.855. The Lengthy Trial Fund. | 5 | | Section 97. Severability. The provisions of this Act are | 6 | | severable under Section 1.31 of the Statute on Statutes.".
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