Full Text of SB1707 097th General Assembly
SB1707 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1707 Introduced 2/9/2011, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED: |
| 705 ILCS 305/9 | from Ch. 78, par. 9 | 705 ILCS 305/9.1 | from Ch. 78, par. 9.1 | 705 ILCS 305/16 | from Ch. 78, par. 16 | 705 ILCS 305/17 | from Ch. 78, par. 17 | 705 ILCS 305/19 | from Ch. 78, par. 19 | 725 ILCS 5/112-2 | from Ch. 38, par. 112-2 |
|
Amends the Jury Act and the Code of Criminal Procedure of 1963. Provides that a grand jury shall have 7 (instead of 16) members, with a quorum of 5 (instead of 9) members, and supplemental panels shall have 4 (instead of 12) members. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB1707 | | LRB097 09284 AJO 49419 b |
|
| 1 | | AN ACT concerning grand juries.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Jury Act is amended by changing Sections 9, | 5 | | 9.1, 16, 17, and 19 as follows:
| 6 | | (705 ILCS 305/9) (from Ch. 78, par. 9)
| 7 | | Sec. 9.
In other than single county circuits, if a grand | 8 | | jury is required by
law or by the order of the judge for any | 9 | | court, the county board in each
of the counties in this State | 10 | | wherein such court is directed to be held,
at least 20 days | 11 | | before the time of appearance specified in the summons
| 12 | | hereinafter mentioned shall select 7 16 persons possessing the
| 13 | | qualifications provided in Section 2 of this Act, by lot from | 14 | | the jury
list, to serve as grand jurors; the panel of the 7 16 | 15 | | persons so selected
to be known as the regular panel; and shall | 16 | | at the same time, in like
manner, select 4 12 additional | 17 | | persons possessing such qualifications, the
panel of the 4 12 | 18 | | additional persons so selected to be known as the
supplemental | 19 | | panel; and cause their clerk within 5 days thereafter to
| 20 | | certify the 2 panels properly identified as the regular panel | 21 | | and
supplemental panel, respectively, to the clerk of the court | 22 | | for which
they are selected, who shall issue a summons to each | 23 | | of the 7 16 persons
so selected for the regular panel, at least |
| | | SB1707 | - 2 - | LRB097 09284 AJO 49419 b |
|
| 1 | | 10 days before the time
hereinafter mentioned, commanding him | 2 | | to appear before such court at or
before 11:00 a. m. upon the | 3 | | date of appearance of the grand jurors
established pursuant to | 4 | | Section 112-3 of the "Code of Criminal Procedure
of 1963", | 5 | | approved August 14, 1963, as now and hereafter amended, to
| 6 | | constitute a grand jury. The clerk of the court issuing such | 7 | | summons shall
follow the procedure he selects or is directed by | 8 | | the court to select from
among those permitted by this Section.
| 9 | | The issuing clerk may use first class mail as the initial | 10 | | form of summons,
incorporating any reasonable form of request | 11 | | for acknowledgement which is
deemed practical and which would | 12 | | provide a reliable proof of service. One
permissible method is | 13 | | the use of a duplex card properly addressed to the
person | 14 | | summoned to be a juror and requesting the person so summoned to | 15 | | detach
and return to the issuing clerk the part of the duplex | 16 | | card which is attached
for his acknowledgement with his | 17 | | signature thereon. As used in this Section,
a "duplex card" | 18 | | means any postcard with 2 mailable parts with a summons
on one | 19 | | part and a detachable acknowledgement of receipt of such | 20 | | summons
on the other part.
| 21 | | The issuing clerk may use certified mail as the initial | 22 | | means of service
or as a secondary means of service in case the | 23 | | acknowledgement requested
in a summons delivered by first class | 24 | | mail is not returned in the time period
required. The certified | 25 | | mail may or may not be marked for delivery to the
addressee | 26 | | only. The certificate of the issuing clerk that he has sent the
|
| | | SB1707 | - 3 - | LRB097 09284 AJO 49419 b |
|
| 1 | | summons in pursuance of this Section is evidence that he has | 2 | | done so. If
the person summoned to be a juror does not return | 3 | | the acknowledgement of
the summons in the time period | 4 | | requested, such prospective juror shall not
be deemed guilty of | 5 | | contempt of court.
| 6 | | If service of summons cannot be made by the type of mail | 7 | | service selected,
the clerk of the court issuing such summons | 8 | | shall, as soon as such fact
is determined, re-issue such | 9 | | summons and deliver it to the
sheriff of the county wherein the | 10 | | court is to be held,
at least 10 days before the time of | 11 | | appearance hereinafter mentioned a
summons commanding him to | 12 | | summon the person named therein so selected
for the regular | 13 | | panel to appear before such court at or before the hour
of | 14 | | 11:00 a. m. upon the date of appearance of the grand jurors
| 15 | | established pursuant to Section 112-3 of the "Code of Criminal | 16 | | Procedure
of 1963", approved August 14, 1963, as now and | 17 | | hereafter amended, to
constitute a grand jury or at such time | 18 | | and date as the court may order
for such re-issued summons. The | 19 | | sheriff shall serve such summons in the
manner provided in | 20 | | Section 11 of this Act, for service of summons by the
sheriff | 21 | | on petit jurors, and for any refusal or neglect so to do, shall
| 22 | | be deemed guilty of contempt of court and may be fined therefor | 23 | | as
provided in Section 11 of this Act, for default in summoning | 24 | | petit
jurors. If for any reason the panel is not full at the | 25 | | opening of such
court, the judge shall direct the sheriff to | 26 | | summon, at random, such
number of persons named in the |
| | | SB1707 | - 4 - | LRB097 09284 AJO 49419 b |
|
| 1 | | supplemental panel as the judge may
determine to make available | 2 | | to fill the panel of grand jurors, and if
the supplemental | 3 | | panel be exhausted without filling the grand jury
panel, the | 4 | | judge shall select by lot from the jury list and direct the
| 5 | | sheriff to summon a sufficient number of persons having the
| 6 | | qualifications of jurors, as provided by this Act, to fill the | 7 | | panel;
however, the court or judge may direct the clerk, at any | 8 | | time prior to
the issuance of the summons for the regular | 9 | | panel, to include in the
summons any specified number of the | 10 | | names listed on the supplemental
panel, in the order in which | 11 | | they appear, starting with the first and
counting | 12 | | consecutively, so that the persons so designated may be
| 13 | | available in court for the filling of the grand jury panel, in | 14 | | which
case the clerk shall also summon such supplemental | 15 | | panelist as is provided
in this Section for service on regular | 16 | | panel
selections. In counties having jury commissioners, the | 17 | | names of the
persons to constitute the regular and supplemental | 18 | | panels shall be drawn
in the manner provided for the drawing of | 19 | | names of persons to serve as
petit jurors in such counties; the | 20 | | 7 16 names to provide the regular panel
shall be first drawn, | 21 | | and thereupon 4 12 names for the supplemental panel
shall be | 22 | | drawn and listed on that panel in the order in which they are | 23 | | drawn.
| 24 | | (Source: P.A. 85-690.)
| 25 | | (705 ILCS 305/9.1) (from Ch. 78, par. 9.1)
|
| | | SB1707 | - 5 - | LRB097 09284 AJO 49419 b |
|
| 1 | | Sec. 9.1.
In single county circuits, if a grand jury is | 2 | | required by law
or by the order of the judge for any court, the | 3 | | county board in each of the
counties in this State wherein such | 4 | | court is directed to be held, at
least 20 days before the time | 5 | | of appearance specified in the summons
hereinafter mentioned | 6 | | shall select 7 16 persons possessing the
qualifications | 7 | | provided in Section 2 of this Act, by lot from the jury
list, | 8 | | to serve as grand jurors; the panel of the 7 16 persons so | 9 | | selected
to be known as the regular panel; and shall at the | 10 | | same time, in like
manner, select 4 12 additional persons | 11 | | possessing such qualifications, the
panel of the 4 12 | 12 | | additional persons so selected to be known as the
supplemental | 13 | | panel; and cause their clerk within 5 days thereafter to
| 14 | | certify the 2 panels properly identified as the regular panel | 15 | | and
supplemental panel, respectively, to the clerk of the court | 16 | | for which
they are selected, who shall issue a summons to each | 17 | | of the 7 16 persons
so selected for the regular panel at least | 18 | | 10 days before the time hereinafter
mentioned, commanding him | 19 | | to appear before such
court at an hour directed by the judge | 20 | | upon the date of appearance
of the grand jurors established | 21 | | pursuant to Section 112-3 of the "Code
of Criminal Procedure of | 22 | | 1963", approved August 14, 1963, as now and
hereafter amended, | 23 | | to constitute a grand jury. The clerk of the court issuing
such | 24 | | summons shall follow the procedure he selects or is directed by | 25 | | the
court to select from among those permitted by this Section.
| 26 | | The issuing clerk may use first class mail as the initial |
| | | SB1707 | - 6 - | LRB097 09284 AJO 49419 b |
|
| 1 | | form of summons,
incorporating any reasonable form of request | 2 | | for acknowledgement which is
deemed practical and which would | 3 | | provide a reliable proof of service. One
permissible method is | 4 | | the use of a duplex card properly addressed to the
person | 5 | | summoned to be a juror and requesting the person so summoned to | 6 | | detach
and return to the issuing clerk the part of the duplex | 7 | | card which is attached
for his acknowledgement with his | 8 | | signature thereon. As used in this Section,
a "duplex card" | 9 | | means any postcard with 2 mailable parts with a summons
on one | 10 | | part and a detachable acknowledgement of receipt of such | 11 | | summons
on the other part.
| 12 | | The issuing clerk may use certified mail as the initial | 13 | | means of service
or as a secondary means of service in case the | 14 | | acknowledgement requested
in a summons delivered by first class | 15 | | mail is not returned in the time period
required. The certified | 16 | | mail may or may not be marked for delivery to the
addressee | 17 | | only. The certificate of the issuing clerk that he has sent the
| 18 | | summons pursuant to this Section is evidence that he has done | 19 | | so. If the
person summoned to be a juror does not return the | 20 | | acknowledgement of the
summons in the time period requested, | 21 | | such prospective juror shall not be
deemed guilty of contempt | 22 | | of court.
| 23 | | If service of summons cannot be made by the type of service | 24 | | selected
the clerk of the court issuing such summons shall as | 25 | | soon as such fact is
determined reissue such summons and | 26 | | deliver it to the sheriff of the county.
At least 10 days |
| | | SB1707 | - 7 - | LRB097 09284 AJO 49419 b |
|
| 1 | | before the time of appearance hereinafter mentioned the
sheriff | 2 | | shall serve such summons on the person named therein so | 3 | | selected
for the regular panel to appear before such court at | 4 | | an hour directed by
the judge upon the date of appearance of | 5 | | the grand jurors established pursuant
to Section 112-3 of the | 6 | | "Code of Criminal Procedure of 1963", approved August
14, 1963, | 7 | | as now or hereafter amended, to constitute a grand jury or at
| 8 | | such time and date as the court may order for such reissued | 9 | | summons.
| 10 | | The sheriff shall serve such summons in the manner provided | 11 | | in Section
11 of this Act, for
service of summons on petit | 12 | | jurors, and for any refusal or neglect so to
do, shall be | 13 | | deemed guilty of contempt of court and may be fined
therefor as | 14 | | provided in Section 11 of this Act, for default in summoning
| 15 | | petit jurors. If for any reason the panel is not full at the | 16 | | opening of
such court, the judge shall direct the sheriff to | 17 | | summon, at random,
such number of persons named in the | 18 | | supplemental panel as the judge may
determine to make available | 19 | | to fill the panel of grand jurors, and if
the supplemental | 20 | | panel be exhausted without filling the grand jury
panel, the | 21 | | judge shall select by lot from the jury list and direct the
| 22 | | sheriff to summon a sufficient number of persons having the
| 23 | | qualifications of jurors, as provided by this Act, to fill the | 24 | | panel;
however, the court or judge may direct the clerk, at any | 25 | | time prior to
the issuance of the summons for the regular | 26 | | panel, to include in the
summons any specified number of the |
| | | SB1707 | - 8 - | LRB097 09284 AJO 49419 b |
|
| 1 | | names listed on the supplemental
panel, in the order in which | 2 | | they appear, starting with the first and
counting | 3 | | consecutively, so that the persons so designated may be
| 4 | | available in court for the filling of the grand jury panel. In | 5 | | counties
having jury commissioners, the names of the persons to | 6 | | constitute the
regular and supplemental panels shall be drawn | 7 | | in the manner provided
for the drawing of names of persons to | 8 | | serve as petit jurors in such
counties; the 7 16 names to | 9 | | provide the regular panel shall be first drawn
and thereupon 4 | 10 | | 12 names for the supplemental panel shall be drawn and
listed | 11 | | on that panel in the order in which they are drawn.
| 12 | | (Source: P.A. 85-690.)
| 13 | | (705 ILCS 305/16) (from Ch. 78, par. 16)
| 14 | | Sec. 16.
A full panel of the grand jury shall consist of 7 | 15 | | sixteen
persons, 5 twelve of whom shall be sufficient to | 16 | | constitute a grand jury.
| 17 | | (Source: P.A. 85-690.)
| 18 | | (705 ILCS 305/17) (from Ch. 78, par. 17)
| 19 | | Sec. 17.
After the grand jury is impaneled, it shall be the | 20 | | duty of the
court to appoint a foreman, who shall have power to | 21 | | swear or affirm
witnesses to testify before them, and whose | 22 | | duty it shall be, when the
grand jury, or any 5 nine of them, | 23 | | find a bill of indictment to be
supported by good and | 24 | | sufficient evidence, to indorse thereon "A true
bill;" where |
| | | SB1707 | - 9 - | LRB097 09284 AJO 49419 b |
|
| 1 | | they do not find a bill to be supported by sufficient
evidence, | 2 | | to indorse thereon "Not a true bill;" and shall, in either | 3 | | case,
sign his name as foreman, at the foot of said | 4 | | endorsement, and shall also,
in each case in which a true bill | 5 | | shall be returned into court as
aforesaid, note thereon the | 6 | | name or names of the witness or witnesses upon
whose evidence | 7 | | the same shall have been found.
| 8 | | (Source: P.A. 85-690.)
| 9 | | (705 ILCS 305/19) (from Ch. 78, par. 19)
| 10 | | Sec. 19.
No grand jury shall make presentments of their own | 11 | | knowledge, upon
the information of a less number than 2 of | 12 | | their own body, unless the juror
giving the information is | 13 | | previously sworn as a witness, in which event, if
the evidence | 14 | | is deemed sufficient, an indictment may be found thereon
in | 15 | | like manner as upon the evidence of any other witness who may | 16 | | not be a
member of the jury. The judge of the circuit court may | 17 | | order a special
venire to be issued for a grand jury at any | 18 | | time when he is of the opinion
that public justice requires it. | 19 | | The order for such venire shall
be entered on the records of | 20 | | the court by the clerk thereof; and the clerk
shall forthwith | 21 | | issue such venire under his signature and the seal of the
| 22 | | court, and deliver the same to the sheriff, who shall execute | 23 | | the same by
summoning, in the same manner now provided or that | 24 | | may hereafter be
provided by law for summoning jurors, 7 16 | 25 | | persons, qualified by law, to
constitute a grand jury. Such |
| | | SB1707 | - 10 - | LRB097 09284 AJO 49419 b |
|
| 1 | | venire shall state the day on which such
persons shall appear | 2 | | before the court.
| 3 | | (Source: P.A. 85-690.)
| 4 | | Section 10. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 112-2 as follows:
| 6 | | (725 ILCS 5/112-2) (from Ch. 38, par. 112-2)
| 7 | | Sec. 112-2. Impaneling the Grand Jury. (a) The Grand Jury | 8 | | shall consist
of 7 16 persons, 5 12 of whom shall be necessary | 9 | | to constitute a quorum.
| 10 | | (b) The Grand Jury shall be impaneled, sworn and instructed | 11 | | as to its
duties by the court. The court shall select and swear | 12 | | one of the grand
jurors to serve as foreman.
| 13 | | (c) Before the Grand Jury shall enter upon the discharge of | 14 | | their duties
the following oath shall be administered to the | 15 | | jurors:
| 16 | | "You and each of you do solemnly swear (or affirm, as the | 17 | | case may be),
that you will diligently inquire into and true | 18 | | presentment make of all such
matters and things as shall be | 19 | | given you in charge, or shall otherwise come
to your knowledge, | 20 | | touching the present service; you shall present no
person | 21 | | through malice, hatred or ill-will; nor shall you leave any
| 22 | | unpresented through fear, favor, affection, or for any fee or | 23 | | reward, or
for any hope or promise thereof; but in all of your | 24 | | presentments, you shall
present the truth, the whole truth, and |
| | | SB1707 | - 11 - | LRB097 09284 AJO 49419 b |
|
| 1 | | nothing but the truth, according to
the best of your skill and | 2 | | understanding; so help you God."
| 3 | | (Source: P.A. 85-690.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
|
|