Full Text of HB0727 102nd General Assembly
HB0727ham001 102ND GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 3/24/2021
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| 1 | | AMENDMENT TO HOUSE BILL 727
| 2 | | AMENDMENT NO. ______. Amend House Bill 727 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-2 as follows:
| 6 | | (705 ILCS 35/2f-2)
| 7 | | Sec. 2f-2. 19th judicial circuit; subcircuits; additional | 8 | | judges.
| 9 | | (a) Until the date the boundaries of the subcircuits are | 10 | | redrawn under subsection (a-3), the The 19th circuit shall be | 11 | | divided into 6 subcircuits. The
subcircuits shall be
compact, | 12 | | contiguous, and substantially equal in population. The General
| 13 | | Assembly by law shall
create the subcircuits, using population
| 14 | | data as
determined by the 2000 federal census, and
shall | 15 | | determine a numerical order for the 6 subcircuits. That
| 16 | | numerical order shall be the basis for the order in which |
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| 1 | | resident judgeships
are assigned to
the subcircuits. The 6 | 2 | | resident judgeships to be assigned that are not added by or | 3 | | converted from at-large at large judgeships as provided in | 4 | | this amendatory Act of the 96th General Assembly shall be | 5 | | assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, | 6 | | in that order. The 6 resident judgeships to be assigned that | 7 | | are added by or converted from at-large at large judgeships as | 8 | | provided in this amendatory Act of the 96th General Assembly | 9 | | shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st | 10 | | subcircuits, in that order. Once a resident judgeship is | 11 | | assigned to a subcircuit, it
shall continue to be assigned to | 12 | | that subcircuit for all purposes.
| 13 | | (a-3) In 2021, the General Assembly shall redraw the | 14 | | boundaries of the subcircuits to reflect the results of the | 15 | | 2020 federal decennial census and divide the 19th circuit into | 16 | | at least 10 subcircuits . The General Assembly shall redraw the | 17 | | subcircuit boundaries after every federal decennial census. | 18 | | The subcircuits shall be compact, contiguous, and | 19 | | substantially equal in population. Upon the division of | 20 | | subcircuits pursuant to this Section: (i) each resident | 21 | | judgeship shall be assigned to the newly drawn subcircuit in | 22 | | which the judge of the resident judgeship in question resides; | 23 | | and (ii) each at-large judgeship shall be converted to a | 24 | | resident judgeship and assigned to the subcircuit in which the | 25 | | judge of the converted judgeship in question resides. Once a | 26 | | resident judgeship is assigned to a subcircuit or an at-large |
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| 1 | | judgeship is converted to a resident judgeship and assigned to | 2 | | a subcircuit, it shall be assigned to that subcircuit for all | 3 | | purposes. In accordance with subsection (a), a resident | 4 | | judgeship assigned to a subcircuit shall continue to be | 5 | | assigned to that subcircuit. Any vacancy in a resident | 6 | | judgeship existing on or occurring after the effective date of | 7 | | a law redrawing the boundaries of the subcircuits shall be | 8 | | filled by a resident of the redrawn subcircuit. When a vacancy | 9 | | occurs in a resident judgeship, the resident judgeship shall | 10 | | be allotted by the Supreme Court under subsection (c) and | 11 | | filled by election. Notwithstanding the preceding 2 sentences, | 12 | | the resident judgeship shall not be allotted by the Supreme | 13 | | Court and filled by election if, after the vacancy arises, | 14 | | there are still 2 or more nonvacant resident judgeships in the | 15 | | subcircuit of the vacant resident judgeship in question. | 16 | | (a-5) Of the at-large at large judgeships of the 19th | 17 | | judicial circuit, the first 3 that are or become vacant on or | 18 | | after the effective date of this amendatory Act of the 96th | 19 | | General Assembly shall become resident judgeships of the 19th | 20 | | judicial circuit to be allotted by the Supreme Court under | 21 | | subsection (c) and filled by election, except that the Supreme | 22 | | Court may fill those judgeships by appointment for any | 23 | | remainder of a vacated term until the resident judgeships are | 24 | | filled initially by election. As used in this subsection, a | 25 | | vacancy does not include the expiration of a term of an | 26 | | at-large at large judge who seeks retention in that office at |
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| 1 | | the next term. | 2 | | (a-10) The 19th judicial circuit shall have 3 additional | 3 | | resident judgeships to be allotted by the Supreme Court under | 4 | | subsection (c). One of the additional resident judgeships | 5 | | shall be filled by election beginning at the 2010 general | 6 | | election. Two of the additional resident judgeships shall be | 7 | | filled by election beginning at the 2012 general election. | 8 | | (a-15) The 19th judicial circuit shall have additional | 9 | | resident judgeships as provided by subsection (a-3) to be | 10 | | allotted by the Supreme Court under subsection (c). The | 11 | | resident judgeships shall be allotted by the Supreme Court in | 12 | | numerical order as provided by the General Assembly upon the | 13 | | redrawing of boundaries and the division of subcircuits | 14 | | pursuant to subsection (a-3). Two additional resident | 15 | | judgeships allotted by the Supreme Court pursuant to this | 16 | | subsection, in numerical order as provided by the General | 17 | | Assembly, shall be filled by election beginning at the 2022 | 18 | | general election. The remainder of the additional resident | 19 | | judgeships shall be filled by election at the 2024 election. | 20 | | (a-20) In addition to the 2 judgeships filled by election | 21 | | at the 2022 election as provided by subsection (a-15), any | 22 | | judgeship that became vacant after January 1, 2020 and on the | 23 | | effective date of this amendatory Act of the 102nd General | 24 | | Assembly is held by an individual appointed by the Supreme | 25 | | Court also shall be filled by election at the 2022 general | 26 | | election. This subsection is subject to the requirement of |
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| 1 | | subsection (a-3) that no judgeship shall be allotted by the | 2 | | Supreme Court and filled by election if, after the vacancy | 3 | | arises, there are still 2 or more nonvacant resident | 4 | | judgeships in the subcircuit of the vacant resident judgeship | 5 | | in question. | 6 | | (b) The 19th circuit shall have a total of 12 resident | 7 | | judgeships (6 resident judgeships existing on the effective | 8 | | date of this amendatory Act of the 96th General Assembly, 3 | 9 | | formerly at-large at large judgeships as provided in | 10 | | subsection (a-5), and 3 resident judgeships added by | 11 | | subsection (a-10)). The number of resident judgeships allotted | 12 | | to subcircuits of the 19th judicial circuit pursuant to this | 13 | | Section shall constitute all the resident judgeships of the | 14 | | 19th judicial circuit.
| 15 | | (c) The Supreme Court shall allot (i)
all vacancies in
| 16 | | resident
judgeships of the 19th circuit existing on or | 17 | | occurring on or after the
effective date of this
amendatory | 18 | | Act
of the 93rd General Assembly and not filled at the 2004 | 19 | | general election,
(ii) the resident judgeships of the 19th
| 20 | | circuit filled at the 2004
general election as those | 21 | | judgeships thereafter become vacant,
(iii) the 3 formerly | 22 | | at-large at large judgeships described in subsection (a-5) as | 23 | | they become available, and (iv) the 3 resident judgeships | 24 | | added by subsection (a-10), and (v) the additional resident | 25 | | judgeships provided for by subsection (a-3), for election from | 26 | | the
various
subcircuits until there are 2 resident judges to |
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| 1 | | be elected from each
subcircuit.
No resident judge of the 19th | 2 | | circuit serving on
the effective date of this amendatory Act | 3 | | of the 93rd General Assembly shall be
required to change his or | 4 | | her residency in order to continue serving in office
or
to seek | 5 | | retention in office as resident judgeships are allotted by the
| 6 | | Supreme Court in 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. A resident judge elected from a subcircuit | 10 | | after January 1, 2008, must retain residency as a registered | 11 | | voter in the subcircuit to run for retention from the circuit | 12 | | at-large at large thereafter.
| 13 | | (e) Vacancies in resident judgeships of the 19th circuit | 14 | | shall be
filled
in the manner provided in Article VI of the | 15 | | Illinois Constitution.
| 16 | | (Source: P.A. 101-477, eff. 6-1-20 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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