Full Text of SB0977 98th General Assembly
SB0977eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 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 Section 2 as | 5 | | follows:
| 6 | | (705 ILCS 305/2) (from Ch. 78, par. 2)
| 7 | | Sec. 2.
At the September meeting of the county board in | 8 | | each year in the
respective counties in this State, except | 9 | | those that have
jury
commissioners, the board shall select from | 10 | | the
list
the number of persons
as the judges of the circuit | 11 | | courts, to be held in the county
during the
succeeding year, | 12 | | may by joint action determine to serve as petit jurors. In
| 13 | | counties having jury commissioners, the persons to serve as | 14 | | petit jurors
shall be selected by the jury commissioners, as | 15 | | provided by law. County
boards, a jury administrator,
and jury
| 16 | | commissioners may utilize
the services of the
Administrative | 17 | | Office of the Illinois Courts in making these selections.
| 18 | | Jurors in all counties in Illinois must have the legal | 19 | | qualifications
herein prescribed. Jurors must be:
| 20 | | (1) Inhabitants of the county.
| 21 | | (2) Of the age of 18 years or upwards.
| 22 | | (3) Free from all legal exception, of fair character, of
| 23 | | approved
integrity, of sound judgment, well informed, and able |
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| 1 | | to understand
the English language, whether in spoken or | 2 | | written form , or interpreted into
sign language , or, in | 3 | | counties in which a pilot program is implemented in accordance | 4 | | with Section 8-1403 of the Code of Civil Procedure, interpreted | 5 | | or translated into the juror's predominant language .
| 6 | | (4) Citizens of the United States of America.
| 7 | | (Source: P.A. 90-482, eff. 1-1-98.)
| 8 | | Section 10. The Jury Secrecy Act is amended by changing | 9 | | Section 1 as follows:
| 10 | | (705 ILCS 315/1) (from Ch. 78, par. 36)
| 11 | | Sec. 1.
(a) Except as provided in subsection (b), whoever | 12 | | knowingly
and wilfully, by any device or means whatsoever
| 13 | | records or attempts to record, the proceedings of a petit jury | 14 | | in any court
of the State of Illinois while the jury is | 15 | | deliberating or voting,
or
listens to or observes, or attempts | 16 | | to listen to or observe, the
proceedings of any petit jury of | 17 | | which he is not a member in any court of
the State of Illinois | 18 | | while the jury is deliberating or voting,
shall be
guilty of a | 19 | | Class A misdemeanor.
However, if any juror is deaf or hard of | 20 | | hearing, the juror may be
accompanied by and may communicate | 21 | | with a court appointed interpreter
throughout any period during | 22 | | which the jury is sequestered or engaged in its
deliberations.
| 23 | | In counties in which a pilot program is implemented in | 24 | | accordance with Section 8-1403 of the Code of Civil Procedure, |
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| 1 | | if any juror's predominant language is not English, the juror | 2 | | may be
accompanied by an interpreter. In the case of a | 3 | | non-English speaking juror, the interpreter shall be available | 4 | | throughout the actual trial and may accompany and communicate | 5 | | with the juror throughout any period during which the jury is | 6 | | sequestered or engaged in its deliberations. If the jury | 7 | | foreman reasonably
believes that an the interpreter is doing | 8 | | more than interpreting, nothing in this
Act shall prevent him | 9 | | or her from petitioning the court and requesting that the
| 10 | | interpreter be replaced with another interpreter.
| 11 | | (b) A petit juror in any court of the State of Illinois
| 12 | | shall be entitled to take notes in
connection with and solely | 13 | | for the purpose of assisting him in the
performance of his | 14 | | duties as juror, and the sheriff of the county
in which such | 15 | | juror is serving shall provide writing materials for that
| 16 | | purpose. Such notes shall remain confidential, and shall be | 17 | | destroyed by
the sheriff after the verdict has been returned or | 18 | | a mistrial declared.
| 19 | | (Source: P.A. 88-27.)
| 20 | | Section 15. The Code of Civil Procedure is amended by | 21 | | adding Sections 8-1403 as follows: | 22 | | (735 ILCS 5/8-1403 new) | 23 | | Sec. 8-1403. Accommodation for jurors whose predominant | 24 | | language is not English. |
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| 1 | | (a) In the counties of Cook, Lake, DuPage, Kane, and Will, | 2 | | the court shall implement a pilot program to appoint a | 3 | | qualified interpreter to interpret or translate proceedings | 4 | | for a juror whose predominant language is not English. The | 5 | | interpreter shall be available throughout the trial and may | 6 | | accompany and communicate with the juror throughout any period | 7 | | during which the jury is sequestered or engaged in its | 8 | | deliberations. The court shall determine and allow a reasonable | 9 | | fee for all services provided under this Section which shall be | 10 | | paid out of general county funds. | 11 | | (b) The Administrative Office of the Illinois Courts shall | 12 | | record the following regarding the pilot program: the amount of | 13 | | funding that is expended; what languages are interpreted; and | 14 | | the extent to which interpreters are used in each county in | 15 | | which the pilot program operates. | 16 | | (c) Before a qualified interpreter participates in any | 17 | | proceedings authorized under this Section, the interpreter | 18 | | shall make an oath or affirmation that the interpreter will: | 19 | | (1) make a true interpretation from English to the | 20 | | juror's predominant language and from the juror's | 21 | | predominant language to English; | 22 | | (2) not interject the interpreter's own thoughts, | 23 | | beliefs, conclusions, or opinions regarding any | 24 | | interpretation of what the evidence shows, what the | 25 | | instructions mean, or how the evidence is analyzed as it | 26 | | relates to the instructions issued by the court; and |
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| 1 | | (3) not express any opinion as to what the verdict | 2 | | should be. | 3 | | (d) This Section is repealed 2 years after the effective | 4 | | date of this amendatory Act of the 98th General Assembly.
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