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Full Text of SB2406  102nd General Assembly

SB2406ham002 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/30/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2406

2    AMENDMENT NO. ______. Amend Senate Bill 2406, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Circuit Courts Act is amended by changing
6Sections 1 and 2f-2 and by adding Sections 2f-12 and 37 as
7follows:
 
8    (705 ILCS 35/1)  (from Ch. 37, par. 72.1)
9    Sec. 1. Judicial circuits created. The county of Cook
10shall be one judicial circuit and the State of Illinois,
11exclusive of the county of Cook, shall be and is divided into
12judicial circuits as follows:
13    First Circuit--The counties of Alexander, Pulaski, Massac,
14Pope, Johnson, Union, Jackson, Williamson and Saline.
15    Second Circuit--The counties of Hardin, Gallatin, White,
16Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,

 

 

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1Richland, Lawrence and Crawford.
2    Third Circuit--The counties of Madison and Bond.
3    Fourth Circuit--The counties of Clinton, Marion, Clay,
4Fayette, Effingham, Jasper, Montgomery, Shelby, and Christian.
5    Fifth Circuit--The counties of Vermilion, Edgar, Clark,
6Cumberland and Coles.
7    Sixth Circuit--The counties of Champaign, Douglas,
8Moultrie, Macon, DeWitt, and Piatt.
9    Seventh Circuit--The counties of Sangamon, Macoupin,
10Morgan, Scott, Greene, and Jersey.
11    Eighth Circuit--The counties of Adams, Schuyler, Mason,
12Cass, Brown, Pike, Calhoun, and Menard.
13    Ninth Circuit--The counties of Knox, Warren, Henderson,
14Hancock, McDonough, and Fulton.
15    Tenth Circuit--The counties of Peoria, Marshall, Putnam,
16Stark, and Tazewell.
17    Eleventh Circuit--The counties of McLean, Livingston,
18Logan, Ford, and Woodford.
19    Twelfth Circuit--The county of Will.
20    Thirteenth Circuit--The counties of Bureau, LaSalle, and
21Grundy.
22    Fourteenth Circuit--The counties of Rock Island, Mercer,
23Whiteside, and Henry.
24    Fifteenth Circuit--The counties of Jo Daviess, Stephenson,
25Carroll, Ogle, and Lee.
26    Sixteenth Circuit--The county of Kane. Before December 3,

 

 

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12012, the counties of Kane, DeKalb, and Kendall. On and after
2December 3, 2012, the County of Kane.
3    Seventeenth Circuit--The counties of Winnebago and Boone.
4    Eighteenth Circuit--The county of DuPage.
5    Nineteenth Circuit--The county of Lake. Before December 4,
62006, the counties of Lake and McHenry. On and after December
74, 2006, the County of Lake.
8    Twentieth Circuit--Before December 5, 2022, the The
9counties of Randolph, Monroe, St. Clair, Washington, and
10Perry. On and after December 5, 2022, the county of St. Clair.
11    Twenty-first Circuit--The counties of Iroquois and
12Kankakee.
13    Twenty-second Circuit--The county of McHenry. On and after
14December 4, 2006, the County of McHenry.
15    Twenty-third Circuit--The On and after December 3, 2012,
16the counties of DeKalb and Kendall.
17    Twenty-fourth Circuit--On and after December 5, 2022, the
18counties of Randolph, Monroe, Washington, and Perry.
19(Source: P.A. 97-585, eff. 8-26-11; 98-756, eff. 7-16-14.)
 
20    (705 ILCS 35/2f-2)
21    Sec. 2f-2. 19th judicial circuit; subcircuits; additional
22judges.
23    (a) Prior to the boundaries of the subcircuits being
24redrawn under subsection (a-3), the The 19th circuit shall be
25divided into 6 subcircuits. The subcircuits shall be compact,

 

 

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1contiguous, and substantially equal in population. The General
2Assembly by law shall create the subcircuits, using population
3data as determined by the 2000 federal census, and shall
4determine a numerical order for the 6 subcircuits. That
5numerical order shall be the basis for the order in which
6resident judgeships are assigned to the subcircuits. The 6
7resident judgeships to be assigned that are not added by or
8converted from at-large at large judgeships as provided in
9this amendatory Act of the 96th General Assembly shall be
10assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits,
11in that order. The 6 resident judgeships to be assigned that
12are added by or converted from at-large at large judgeships as
13provided in this amendatory Act of the 96th General Assembly
14shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st
15subcircuits, in that order. Once a resident judgeship is
16assigned to a subcircuit, it shall continue to be assigned to
17that subcircuit for all purposes.
18    (a-3) In 2021, the General Assembly shall redraw the
19boundaries of the subcircuits to reflect the results of the
202020 federal decennial census and divide the 19th circuit into
21at least 10 subcircuits. The General Assembly shall redraw the
22subcircuit boundaries after every federal decennial census.
23The subcircuits shall be compact, contiguous, and
24substantially equal in population. Upon the division of
25subcircuits pursuant to this Section: (i) each resident
26judgeship shall be assigned to the newly drawn subcircuit in

 

 

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1which the judge of the resident judgeship in question resides;
2and (ii) each at-large judgeship shall be converted to a
3resident judgeship and assigned to the subcircuit in which the
4judge of the converted judgeship in question resides. Once a
5resident judgeship is assigned to a subcircuit or an at-large
6judgeship is converted to a resident judgeship and assigned to
7a subcircuit, it shall be assigned to that subcircuit for all
8purposes. In accordance with subsection (a), a resident
9judgeship assigned to a subcircuit shall continue to be
10assigned to that subcircuit. Any vacancy in a resident
11judgeship existing on or occurring after the effective date of
12a law redrawing the boundaries of the subcircuits shall be
13filled by a resident of the redrawn subcircuit. When a vacancy
14occurs in a resident judgeship, the resident judgeship shall
15be allotted by the Supreme Court under subsection (c) and
16filled by election. Notwithstanding the preceding 2 sentences,
17the resident judgeship shall not be allotted by the Supreme
18Court and filled by election if, after the vacancy arises,
19there are still 2 or more nonvacant resident judgeships in the
20subcircuit of the vacant resident judgeship in question.
21    (a-5) Of the at-large at large judgeships of the 19th
22judicial circuit, the first 3 that are or become vacant on or
23after the effective date of this amendatory Act of the 96th
24General Assembly shall become resident judgeships of the 19th
25judicial circuit to be allotted by the Supreme Court under
26subsection (c) and filled by election, except that the Supreme

 

 

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1Court may fill those judgeships by appointment for any
2remainder of a vacated term until the resident judgeships are
3filled initially by election. As used in this subsection, a
4vacancy does not include the expiration of a term of an
5at-large at large judge who seeks retention in that office at
6the next term.
7    (a-10) The 19th judicial circuit shall have 3 additional
8resident judgeships to be allotted by the Supreme Court under
9subsection (c). One of the additional resident judgeships
10shall be filled by election beginning at the 2010 general
11election. Two of the additional resident judgeships shall be
12filled by election beginning at the 2012 general election.
13    (a-15) The 19th judicial circuit shall have additional
14resident judgeships as provided by subsection (a-3) to be
15allotted by the Supreme Court under subsection (c). The
16resident judgeships shall be allotted by the Supreme Court in
17numerical order as provided by the General Assembly upon the
18redrawing of boundaries and the division of subcircuits
19pursuant to subsection (a-3). Two additional resident
20judgeships allotted by the Supreme Court pursuant to this
21subsection, in numerical order as provided by the General
22Assembly, shall be filled by election beginning at the 2022
23general election. The remainder of the additional resident
24judgeships shall be filled by election at the 2024 election.
25    (a-20) In addition to the 2 judgeships filled by election
26at the 2022 election as provided by subsection (a-15), any

 

 

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1judgeship that became vacant after January 1, 2020 and on the
2effective date of this amendatory Act of the 102nd General
3Assembly is held by an individual appointed by the Supreme
4Court also shall be filled by election at the 2022 general
5election. This subsection is subject to the requirement of
6subsection (a-3) that no judgeship shall be allotted by the
7Supreme Court and filled by election if, after the vacancy
8arises, there are still 2 or more nonvacant resident
9judgeships in the subcircuit of the vacant resident judgeship
10in question.
11    (b) The 19th circuit shall have a total of 12 resident
12judgeships (6 resident judgeships existing on the effective
13date of this amendatory Act of the 96th General Assembly, 3
14formerly at-large at large judgeships as provided in
15subsection (a-5), and 3 resident judgeships added by
16subsection (a-10)). The number of resident judgeships allotted
17to subcircuits of the 19th judicial circuit pursuant to this
18Section shall constitute all the resident judgeships of the
1919th judicial circuit.
20    (c) The Supreme Court shall allot (i) all vacancies in
21resident judgeships of the 19th circuit existing on or
22occurring on or after the effective date of this amendatory
23Act of the 93rd General Assembly and not filled at the 2004
24general election, (ii) the resident judgeships of the 19th
25circuit filled at the 2004 general election as those
26judgeships thereafter become vacant, (iii) the 3 formerly

 

 

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1at-large at large judgeships described in subsection (a-5) as
2they become available, and (iv) the 3 resident judgeships
3added by subsection (a-10), and (v) the additional resident
4judgeships provided for by subsection (a-3), for election from
5the various subcircuits until there are 2 resident judges to
6be elected from each subcircuit. No resident judge of the 19th
7circuit serving on the effective date of this amendatory Act
8of the 93rd General Assembly shall be required to change his or
9her residency in order to continue serving in office or to seek
10retention in office as resident judgeships are allotted by the
11Supreme Court in accordance with this Section.
12    (d) A resident judge elected from a subcircuit shall
13continue to reside in that subcircuit as long as he or she
14holds that office. A resident judge elected from a subcircuit
15after January 1, 2008, must retain residency as a registered
16voter in the subcircuit to run for retention from the circuit
17at-large at large thereafter.
18    (e) Vacancies in resident judgeships of the 19th circuit
19shall be filled in the manner provided in Article VI of the
20Illinois Constitution.
21(Source: P.A. 101-477, eff. 6-1-20.)
 
22    (705 ILCS 35/2f-12 new)
23    Sec. 2f-12. 20th and 24th judicial circuits.
24    (a) On December 5, 2022, the 20th judicial circuit is
25divided into the 20th and 24th judicial circuits as provided

 

 

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1in Section 1. This division does not invalidate any action
2taken by the 20th judicial circuit or any of its judges,
3officers, employees, or agents before December 5, 2022. This
4division does not affect any person's rights, obligations, or
5duties, including applicable civil and criminal penalties,
6arising out of any action taken by the 20th judicial circuit or
7any of its judges, officers, employees, or agents before
8December 5, 2022.
9    (b) Any vacancies in at-large judgeships or resident
10judgeships shall be filled in the 2022 general election. The
11Supreme Court shall fill any remaining vacancies in at-large
12judgeships or resident judgeships by appointment after the
132022 general election.
14    (c) The Supreme Court shall assign to the 20th circuit the
155 circuit judgeships elected at-large in the 20th circuit
16before and at the 2022 general election. The 3 resident
17judgeships elected from St. Clair County before the 2012
18general election shall become at-large circuit judgeships in
19the 20th circuit on December 5, 2022. An individual seeking
20election to one of the 5 judgeships at-large or a judge seeking
21retention to one of the 5 judgeships at-large at the 2022
22general election shall seek election or retention solely
23within the boundaries of St. Clair County. The 5 circuit
24judgeships assigned to the 20th circuit shall continue to be
25elected at-large, and the 3 resident judges shall be elected
26at-large at the first general election following the

 

 

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1expiration of a term of office. As used in this subsection, a
2vacancy does not include the expiration of a term of an
3at-large judge or of a resident judge who intends to seek
4retention in that office at the next term.
5    (d) The one resident judgeship elected from Monroe County
6before the 2022 general election shall become a resident judge
7in Monroe County in the 24th circuit on December 5, 2022, the
8one resident judgeship elected from Randolph County before the
92022 general election shall become a resident judge in
10Randolph County in the 24th circuit on December 5, 2022, the
11one resident judgeship elected from Perry County before the
122022 general election shall become a resident judge in Perry
13County in the 24th circuit on December 5, 2022, and the one
14resident judgeship elected from Washington County before the
152022 general election shall become a resident judge in
16Washington County in the 24th circuit on December 5, 2022.
17    (e) On December 5, 2022, the Supreme Court shall allocate
18the associate judgeships of the 20th circuit before that date
19between the 20th and 24th circuits based on the residency of
20the associate judges. Any vacancies in associate judgeships
21shall be filled in accordance with the Associate Judges Act.
22    (f) On December 5, 2022, the Supreme Court shall allocate
23personnel, books, records, documents, real and personal
24property, funds, assets, liabilities, and pending matters
25concerning the 20th circuit before that date between the 20th
26and 24th circuits based on the population and staffing needs

 

 

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1of those circuits and the efficient and proper administration
2of the judicial system. The rights of employees under
3applicable collective bargaining agreements are not affected
4by this amendatory Act of the 102nd General Assembly.
5    (g) The judgeships set forth in this Section include the
6judgeships authorized under Section 2c.
 
7    (705 ILCS 35/37 new)
8    Sec. 37. Currently serving circuit judges. Nothing in this
9amendatory Act of the 102nd General Assembly shall affect the
10tenure of any circuit judge serving on the effective date of
11this amendatory Act. No circuit judge serving on the effective
12date of this amendatory Act of the 102nd General Assembly
13shall be required to change his or her residency in order to
14continue serving in office or to seek retention in office. Any
15circuit judge elected to that office prior to the effective
16date of this amendatory Act of the 102nd General Assembly who
17files to run for retention after the effective date of this
18amendatory Act shall have the right to seek retention in the
19circuit the judge was elected from or to seek retention in the
20circuit created by this amendatory Act. The Secretary of
21State, not less than 63 days before the election, shall
22certify the judge's candidacy to the proper election
23officials.
 
24    Section 10. The Judicial Vacancies Act is amended by

 

 

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1changing Section 2 as follows:
 
2    (705 ILCS 40/2)  (from Ch. 37, par. 72.42)
3    Sec. 2. (a) Except as provided in paragraphs (1), (2),
4(3), (4), and (5) of this subsection (a), vacancies in the
5office of a resident circuit judge in any county or in any unit
6or subcircuit of any circuit shall not be filled.
7        (1) If in any county of less than 45,000 inhabitants
8    there remains in office no other resident judge following
9    the occurrence of a vacancy, such vacancy shall be filled.
10        (2) If in any county of 45,000 or more but less than
11    60,000 inhabitants there remains in office only one
12    resident judge following the occurrence of a vacancy, such
13    vacancy shall be filled.
14        (3) If in any county of 60,000 or more inhabitants,
15    other than the County of Cook or as provided in paragraph
16    (5), there remain in office no more than 2 resident judges
17    following the occurrence of a vacancy, such vacancy shall
18    be filled.
19        (4) The County of Cook shall have 165 resident judges
20    on and after the effective date of this amendatory Act of
21    1990. Of those resident judgeships, (i) 56 shall be those
22    authorized before the effective date of this amendatory
23    Act of 1990 from the unit of the Circuit of Cook County
24    within Chicago, (ii) 27 shall be those authorized before
25    the effective date of this amendatory Act of 1990 from the

 

 

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

 

 

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1    Supreme Court during the period beginning July 1, 1992 and
2    ending 60 days before the primary election in March of
3    1994; those judicial appointees shall serve until the
4    first Monday in December of 1994. The remaining 5 of the 10
5    additional resident judgeships provided in item (iv) may
6    be filled by appointment by the Supreme Court during the
7    period beginning July 1, 1993 and ending 60 days before
8    the primary election in March of 1994; those judicial
9    appointees shall serve until the first Monday in December
10    1994. The additional resident judgeships created upon
11    vacancy in the office of associate judge provided in item
12    (v) may be filled by appointment by the Supreme Court
13    beginning on the effective date of this amendatory Act of
14    1990; but no additional resident judgeships created upon
15    vacancy in the office of associate judge provided in item
16    (v) shall be filled during the 59 day period before the
17    next primary election to nominate judges. The Circuit of
18    Cook County shall be divided into units to be known as
19    subcircuits as provided in Section 2f of the Circuit
20    Courts Act. A vacancy in the office of resident judge of
21    the Circuit of Cook County existing on or occurring on or
22    after the effective date of this amendatory Act of 1990,
23    but before the date the subcircuits are created by law,
24    shall be filled by appointment by the Supreme Court from
25    the unit within Chicago or the unit outside Chicago, as
26    the case may be, in which the vacancy occurs and filled by

 

 

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

 

 

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1subcircuits, a person appointed to fill the vacancy shall be,
2at the time of appointment, a resident of the circuit from
3which the person whose vacancy is being filled was elected.
4Except as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6,
5and 2f-9 of the Circuit Courts Act, if a vacancy occurred in
6the office of a resident circuit judge, a person appointed to
7fill the vacancy shall be, at the time of appointment, a
8resident of the county from which the person whose vacancy is
9being filled was elected.
10(Source: P.A. 98-744, eff. 7-16-14.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".