Full Text of HB3704 99th General Assembly
HB3704enr 99TH 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 10.4 | | 5 | | as follows:
| | 6 | | (705 ILCS 305/10.4) | | 7 | | Sec. 10.4. Removal of prospective juror due to total and | | 8 | | permanent disability. If a prospective juror is found to be | | 9 | | unqualified due to the existence of a total and permanent | | 10 | | disability or is excused for undue hardship that is due to the | | 11 | | existence of a total and permanent disability, the county | | 12 | | board, jury administrator, or jury commissioners shall | | 13 | | permanently exclude the prospective juror from all current and | | 14 | | subsequent jury lists or general jury lists. Proof of total and | | 15 | | permanent disability shall be either: | | 16 | | (1) a written letter from a licensed physician that | | 17 | | states the prospective juror has a total and permanent | | 18 | | disability as defined in this Section, describes the | | 19 | | disability, explains how it prevents the prospective juror | | 20 | | from serving as a juror, and states that the prospective | | 21 | | juror will never be able to serve as a juror; . | | 22 | | (2) a copy of an individualized education program plan | | 23 | | for the prospective juror who participates in a special |
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| | 1 | | education program or receives transition or supported | | 2 | | employment services under Article 14 of the School Code, | | 3 | | submitted by the prospective juror or his or her legal | | 4 | | guardian; or | | 5 | | (3) a copy of a court order for guardianship showing | | 6 | | that the juror has been adjudged totally without capacity | | 7 | | and a plenary guardian has been appointed. | | 8 | | The county board, jury administrator, or jury | | 9 | | commissioners shall create and maintain a list of persons to be | | 10 | | permanently excluded from any jury list or general jury list | | 11 | | pursuant to this Section. The county board, jury administrator, | | 12 | | or jury commissioners shall notify a prospective juror, or his | | 13 | | or her legal guardian, when the juror is permanently excluded | | 14 | | from all current and subsequent jury lists or general jury | | 15 | | lists due to total and permanent disability. | | 16 | | For the purposes of this Section, "total and permanent | | 17 | | disability" means any physical or mental impairment, disease, | | 18 | | or loss of a permanent nature that prevents performance of the | | 19 | | duties of a juror. "Total and permanent disability" does not | | 20 | | include an impairment or disease that is transitory or minor in | | 21 | | nature or is capable of being improved.
| | 22 | | (Source: P.A. 97-436, eff. 1-1-12.)
| | 23 | | Section 10. The Jury Commission Act is amended by changing | | 24 | | Section 10.5 as follows:
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| | 1 | | (705 ILCS 310/10.5) | | 2 | | Sec. 10.5. Removal of prospective juror due to total and | | 3 | | permanent disability. If a prospective juror is found to be | | 4 | | unqualified due to the existence of a total and permanent | | 5 | | disability or is excused for undue hardship that is due to the | | 6 | | existence of a total and permanent disability, the jury | | 7 | | administrator or jury commissioners shall permanently exclude | | 8 | | the prospective juror from all current and subsequent jury | | 9 | | lists or general jury lists. Proof of total and permanent | | 10 | | disability shall be either: | | 11 | | (1) a written letter from a licensed
physician that | | 12 | | states the prospective juror has a total and permanent | | 13 | | disability as defined in this Section, describes the | | 14 | | disability, explains how it prevents the prospective juror | | 15 | | from serving as a juror, and states that the prospective | | 16 | | juror will never be able to serve as a juror; . | | 17 | | (2) a copy of an individualized education program plan | | 18 | | for the prospective juror who participates in a special | | 19 | | education program or receives transition or supported | | 20 | | employment services under Article 14 of the School Code, | | 21 | | submitted by the prospective juror or his or her legal | | 22 | | guardian; or | | 23 | | (3) a copy of a court order for guardianship showing | | 24 | | that the juror has been adjudged totally without capacity | | 25 | | and a plenary guardian has been appointed. | | 26 | | The jury administrator or jury commissioners shall create |
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| | 1 | | and maintain a list of persons to be permanently excluded from | | 2 | | any jury list or general jury list pursuant to this Section. | | 3 | | The jury administrator or jury commissioners shall notify a | | 4 | | prospective juror, or his or her legal guardian, when the juror | | 5 | | is permanently excluded from all current and subsequent jury | | 6 | | lists or general jury lists due to total and permanent | | 7 | | disability. | | 8 | | For the purposes of this Section, "total and permanent | | 9 | | disability" means any physical or mental impairment, disease, | | 10 | | or loss of a permanent nature that prevents performance of the | | 11 | | duties of a juror. "Total and permanent disability" does not | | 12 | | include an impairment or disease that is transitory or minor in | | 13 | | nature or is capable of being improved.
| | 14 | | (Source: P.A. 97-436, eff. 1-1-12.)
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