Full Text of HB4226 103rd General Assembly
HB4226sam001 103RD GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/23/2024 | | 10300HB4226sam001 | | LRB103 33243 JRC 73912 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4226
| 2 | | AMENDMENT NO. ______. Amend House Bill 4226 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 as follows: | 6 | | (705 ILCS 35/2f) (from Ch. 37, par. 72.2f) | 7 | | Sec. 2f. Circuit of Cook County. | 8 | | (a) Until December 2, 2024, the Circuit of Cook County | 9 | | shall be divided into 15 units to be known as subcircuits. On | 10 | | and after December 2, 2024, the Circuit of Cook County is | 11 | | divided into 20 subcircuits as drawn by the General Assembly. | 12 | | The subcircuits shall be compact, contiguous, and | 13 | | substantially equal in population. Beginning in 2031, the | 14 | | General Assembly shall, in the year following each federal | 15 | | decennial census, redraw the boundaries of the subcircuits to | 16 | | reflect the results of the most recent federal decennial |
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| 1 | | census. | 2 | | In accordance with subsection (d), a resident judgeship | 3 | | assigned to a subcircuit shall continue to be assigned to that | 4 | | subcircuit. Any vacancy in a resident judgeship existing on or | 5 | | occurring after the effective date of a law redrawing the | 6 | | boundaries of the subcircuits shall be filled by a resident of | 7 | | the redrawn subcircuit. | 8 | | (b) The 165 resident judges to be elected from the Circuit | 9 | | of Cook County shall be determined under paragraph (4) of | 10 | | subsection (a) of Section 2 of the Judicial Vacancies Act. | 11 | | (c) For resident judgeships to be filled by election on or | 12 | | before the 2022 general election, the Supreme Court shall | 13 | | allot (i) the additional resident judgeships provided by | 14 | | paragraph (4) of subsection (a) of Section 2 of the Judicial | 15 | | Vacancies Act and (ii) all vacancies in resident judgeships | 16 | | existing on or occurring on or after the effective date of this | 17 | | amendatory Act of 1990, with respect to the other resident | 18 | | judgeships of the Circuit of Cook County, for election from | 19 | | the various subcircuits until there are 11 resident judges to | 20 | | be elected from each of the 15 subcircuits (for a total of | 21 | | 165). A resident judgeship authorized before the effective | 22 | | date of this amendatory Act of 1990 that became vacant and was | 23 | | filled by appointment by the Supreme Court before that | 24 | | effective date shall be filled by election at the general | 25 | | election in November of 1992 from the unit of the Circuit of | 26 | | Cook County within Chicago or the unit of that Circuit outside |
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| 1 | | Chicago, as the case may be, in which the vacancy occurred. | 2 | | (d) As soon as practicable after the subcircuits are | 3 | | created by law, the Supreme Court shall determine by lot a | 4 | | numerical order for the 15 subcircuits. That numerical order | 5 | | shall be the basis for the order in which resident judgeships | 6 | | are assigned to the subcircuits. After the first round of | 7 | | assignments, the second and all later rounds shall be based on | 8 | | the same numerical order. Once a resident judgeship is | 9 | | assigned to a subcircuit, it shall continue to be assigned to | 10 | | that subcircuit for all purposes; provided that a resident | 11 | | judge elected from a subcircuit seeking retention shall run | 12 | | for retention at large in the circuit in accordance with | 13 | | Article VI, Section 12(d) of the Illinois Constitution. No | 14 | | elected judge of the Circuit of Cook County serving on January | 15 | | 7, 2022 shall be required to change his or her residency in | 16 | | order to continue serving in office or to seek retention in | 17 | | office as resident judgeships are allotted by the Supreme | 18 | | Court in accordance with this Section. | 19 | | (d-5) For resident judgeships to be filled by election on | 20 | | or after the 2024 general election, a vacancy of a resident | 21 | | judgeship to be elected from a subcircuit shall be allotted by | 22 | | the Supreme Court to the subcircuit created under the Judicial | 23 | | Circuits Districting Act of 2022 that numerically corresponds | 24 | | to the subcircuit from which the resident judgeship was | 25 | | previously allotted. For any resident judgeship to be elected | 26 | | from a subcircuit that was not previously allotted to a |
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| 1 | | subcircuit, vacancies shall be allotted in numerical order to | 2 | | subcircuits created under the Judicial Circuits Districting | 3 | | Act of 2022 which numerically correspond to subcircuits that | 4 | | had less than 11 resident judges on January 7, 2022 until there | 5 | | are 11 resident judges to be elected from each of the | 6 | | respective subcircuits. Vacancies in associate judgeships | 7 | | authorized under Section 2(a) of the Associate Judges Act | 8 | | occurring or after June 1, 2023 shall be converted to resident | 9 | | circuit judgeships and shall be allotted in numerical order to | 10 | | subcircuits Any vacancies in formerly associate judgeships | 11 | | converted to resident circuit judgeships in the Circuit of | 12 | | Cook County occurring on or after June 1, 2023 shall be | 13 | | allotted in numerical order to Judicial Subcircuits 16, 17, | 14 | | 18, 19, and 20 , until there are 11 resident judges to be | 15 | | elected from each of those subcircuits (for a total of 55). | 16 | | Beginning with the 2024 election cycle, the The maximum number | 17 | | of formerly associate judgeship vacancies which shall be | 18 | | judgeships converted to resident circuit judgeships to which | 19 | | may be allotted to Judicial Subcircuits 16, 17, 18, 19, and 20 | 20 | | in an election cycle shall be 10 resident circuit 2 | 21 | | judgeships , with each subcircuit allotted no more than 2 | 22 | | resident circuit judgeships per election cycle. Any additional | 23 | | associate judgeship vacancies in excess of the maximum number | 24 | | per election cycle shall not be converted to resident circuit | 25 | | judgeships and shall be filled according to Supreme Court Rule | 26 | | 39 until such time that a vacancy in the associate judgeship |
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| 1 | | occurs. A vacancy occurs when an associate judge dies, | 2 | | resigns, retires, is removed, or is not reappointed upon the | 3 | | expiration of his or her term; a vacancy does not occur at the | 4 | | expiration of a term if the associate judge is reappointed. As | 5 | | used in this subsection, "election cycle" means the period | 6 | | that begins on the day following the last day to certify | 7 | | judicial vacancies for election at the next general election | 8 | | and ends on the last day to certify judicial vacancies for | 9 | | election at the next general election, as provided in Section | 10 | | 25-3 of the Election Code subcircuit . | 11 | | (e) A resident judge elected from a subcircuit shall | 12 | | continue to reside in that subcircuit as long as he or she | 13 | | holds that office. A resident judge elected from a subcircuit | 14 | | after January 1, 2008, must retain residency as a registered | 15 | | voter in the subcircuit to run for retention from the circuit | 16 | | at large thereafter. | 17 | | (Source: P.A. 101-477, eff. 6-1-20; 102-668, eff. 11-15-21; | 18 | | 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) | 19 | | Section 10. The Associate Judges Act is amended by | 20 | | changing Section 2 as follows: | 21 | | (705 ILCS 45/2) (from Ch. 37, par. 160.2) | 22 | | Sec. 2. (a) The maximum number of associate judges | 23 | | authorized for each circuit is the greater of the applicable | 24 | | minimum number specified in this Section or one for each |
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| 1 | | 35,000 or fraction thereof in population as determined by the | 2 | | last preceding Federal census, except for circuits with a | 3 | | population of more than 3,000,000 where the maximum number of | 4 | | associate judges is one for each 29,000 or fraction thereof in | 5 | | population as determined by the last preceding federal census, | 6 | | reduced in circuits of less than 200,000 inhabitants by the | 7 | | number of resident circuit judges elected in the circuit in | 8 | | excess of one per county, except that the maximum number of | 9 | | associate judges authorized for the 24th circuit shall be 3. | 10 | | In addition, in circuits of 1,000,000 or more inhabitants, | 11 | | there shall be one additional associate judge authorized for | 12 | | each municipal district of the circuit court. The number of | 13 | | associate judges to be appointed in each circuit, not to | 14 | | exceed the maximum authorized, shall be determined from time | 15 | | to time by the Circuit Court. The minimum number of associate | 16 | | judges authorized for any circuit consisting of a single | 17 | | county shall be 14, except that the minimum in the 22nd circuit | 18 | | shall be 8, the minimum in the 19th circuit on and after | 19 | | December 4, 2006 shall be 20, and the maximum number of | 20 | | associate judges in the 20th circuit on and after December 5, | 21 | | 2022 shall be 12. The minimum number of associate judges | 22 | | authorized for any circuit consisting of 2 counties with a | 23 | | combined population of at least 275,000 but less than 300,000 | 24 | | shall be 10. The minimum number of associate judges authorized | 25 | | for any circuit with a population of at least 303,000 but not | 26 | | more than 309,000 shall be 10. The minimum number of associate |
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| 1 | | judges authorized for any circuit with a population of at | 2 | | least 329,000, but not more than 349,999 shall be 11. The | 3 | | minimum number of associate judges authorized for any circuit | 4 | | with a population of at least 173,000 shall be 5. The number of | 5 | | associate judges authorized for a circuit shall not be reduced | 6 | | as a result of the 2020 federal decennial census. As used in | 7 | | this Section, the term "resident circuit judge" has the | 8 | | meaning given it in the Judicial Vacancies Act. | 9 | | (b) The maximum number of associate judges authorized | 10 | | under subsection (a) for a circuit with a population of more | 11 | | than 3,000,000 shall be reduced as provided in this subsection | 12 | | (b). For each vacancy that exists on or occurs on or after the | 13 | | effective date of this amendatory Act of 1990, that maximum | 14 | | number shall be reduced by one until the total number of | 15 | | associate judges authorized under subsection (a) is reduced by | 16 | | 60. A vacancy exists or occurs when an associate judge dies, | 17 | | resigns, retires, is removed, or is not reappointed upon | 18 | | expiration of his or her term; a vacancy does not exist or | 19 | | occur at the expiration of a term if the associate judge is | 20 | | reappointed. | 21 | | (b-5) The maximum number of associate judges authorized | 22 | | under subsection (a) for a circuit with a population of more | 23 | | than 3,000,000 shall be reduced as provided in this subsection | 24 | | (b-5). Vacancies in associate judgeships authorized under | 25 | | subsection (a) occurring on or after June 1, 2023 shall be | 26 | | converted to resident circuit judgeships and shall be allotted |
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| 1 | | in numerical order to subcircuits 16, 17, 18, 19, and 20 Each | 2 | | associate judgeship vacancy that occurs on or after June 1, | 3 | | 2023 shall be converted to a resident circuit judgeship and | 4 | | allotted to a subcircuit pursuant to subsection (d-5) of | 5 | | Section 2f of the Circuit Courts Act, with each subcircuit | 6 | | allotted no more than a total of 11 resident circuit | 7 | | judgeships. Each election cycle, beginning with the 2024 | 8 | | election cycle, a maximum of 10 associate judgeship vacancies | 9 | | shall be converted to resident circuit judgeships pursuant to | 10 | | subsection (d-5) of Section 2f of the Circuit Courts Act and | 11 | | that maximum number shall be reduced by one until the total | 12 | | number of associate judges authorized under subsection (a) is | 13 | | reduced by 55. The maximum number of formerly associate | 14 | | judgeships which may be converted to resident circuit | 15 | | judgeships and which may be allotted to subcircuits 16, 17, | 16 | | 18, 19, and 20 in an election cycle shall be 10 2 judgeships | 17 | | with each per subcircuit being allotted no more than 2 | 18 | | resident circuit judgeships per election cycle. Any additional | 19 | | associate judgeship vacancies in excess of the maximum number | 20 | | per election cycle shall not be converted to resident circuit | 21 | | judgeships and shall be filled according to Supreme Court Rule | 22 | | 39 until such time that a vacancy in the associate judgeship | 23 | | occurs . A vacancy occurs when an associate judge dies, | 24 | | resigns, retires, is removed, or is not reappointed upon | 25 | | expiration of his or her term; a vacancy does not occur at the | 26 | | expiration of a term if the associate judge is reappointed. As |
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| 1 | | used in this subsection, "election cycle" means the period | 2 | | that begins on the day following the last day to certify | 3 | | judicial vacancies for election at the next general election | 4 | | and ends on the last day to certify judicial vacancies for | 5 | | election at the next general election, as provided in Section | 6 | | 25-3 of the Election Code. | 7 | | (c) The maximum number of associate judges authorized | 8 | | under subsection (a) for the 17th judicial circuit shall be | 9 | | reduced as provided in this subsection (c). Due to the vacancy | 10 | | that exists on or after the effective date of this amendatory | 11 | | Act of the 93rd General Assembly in the associate judgeship | 12 | | that is converted into a resident judgeship under subsection | 13 | | (a-10) of Section 2f-6 of the Circuit Courts Act, the maximum | 14 | | number of judges authorized under subsection (a) of this | 15 | | Section shall be reduced by one. A vacancy exists or occurs | 16 | | when an associate judge dies, resigns, retires, is removed, or | 17 | | is not reappointed upon expiration of his or her term; a | 18 | | vacancy does not exist or occur at the expiration of a term if | 19 | | the associate judge is reappointed. | 20 | | (d) The maximum number of associate judges authorized | 21 | | under subsection (a) for the 23rd judicial circuit shall be | 22 | | reduced as provided in this subsection (d). Due to the vacancy | 23 | | that exists on or after the effective date of this amendatory | 24 | | Act of the 98th General Assembly in the associate judgeship | 25 | | that is converted into a resident judgeship under subsection | 26 | | (k) of Section 2f-10 of the Circuit Courts Act, the maximum |
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| 1 | | number of judges authorized under subsection (a) of this | 2 | | Section shall be reduced by one. | 3 | | (Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) | 4 | | Section 15. The Court Reporters Act is amended by changing | 5 | | Section 7 as follows: | 6 | | (705 ILCS 70/7) (from Ch. 37, par. 657) | 7 | | Sec. 7. Proficiency tests. Each court reporter may be | 8 | | required by the chief judge to shall take a test to verify his | 9 | | or her proficiency within one year of employment. The test | 10 | | shall be prepared and administered by the employer | 11 | | representative in consultation with each of the other employer | 12 | | representatives pursuant to standards set by rules. A | 13 | | proficiency test passed prior to employment may be accepted by | 14 | | the chief judge as proof of proficiency. | 15 | | (Source: P.A. 101-581, eff. 1-1-20 .) | 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.". |
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