State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]

90_HB0927

      705 ILCS 305/24 new
          Amends the Jury Act.  Provides that names of petit jurors
      shall be made available to the public upon request unless the
      court determines that a compelling interest requires that the
      information be kept confidential.  Provides  for  sealing  of
      juror  records  in  criminal proceedings.  Makes violation of
      provisions limiting  disclosure  of  information  a  Class  B
      misdemeanor.
                                                     LRB9003703DJbd
                                               LRB9003703DJbd
 1        AN ACT to amend the Jury Act by adding Section 24.
 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 adding Section  24
 5    as follows:
 6        (705 ILCS 305/24 new)
 7        Sec. 24.  Access to juror information.
 8        (a)  The  names  of petit jurors drawn from the jury list
 9    shall be made available to the public upon request unless the
10    court determines that a compelling interest,  as  defined  in
11    subsection (c), requires that this information should be kept
12    confidential or its use limited in whole or in part.
13        (b)  Upon the recording of a jury's verdict in a criminal
14    jury   proceeding,  the  court's  record  of  personal  juror
15    identifying information of trial jurors, consisting of names,
16    addresses, and  telephone  numbers,  shall  be  sealed  until
17    further  order of the court as provided by this Section.  For
18    purposes  of  this  Section,  "sealed"  or  "sealing"   means
19    extracting   or   otherwise   removing   the  personal  juror
20    identifying information from the court record.
21        (c)  Any person may petition the court for access to  the
22    records  specified  in subsection (b).  The petition shall be
23    supported by a declaration that includes facts sufficient  to
24    establish  good cause for the release of the juror's personal
25    identifying information.  The court shall set the matter  for
26    hearing  if the petition and supporting declaration establish
27    a prima facie showing of good cause for the  release  of  the
28    personal juror identifying information, but shall not set the
29    matter  for  hearing  if  there is a showing on the record of
30    facts  that   establish   a   compelling   interest   against
31    disclosure.   A  compelling  interest  includes,  but  is not
                            -2-                LRB9003703DJbd
 1    limited to, protecting  jurors  from  threats  or  danger  of
 2    physical  harm.   If  the  court  does not set the matter for
 3    hearing, the court  shall  by  minute  order  set  forth  the
 4    reasons and make express findings of either a lack of a prima
 5    facie  showing  of good cause or the presence of a compelling
 6    interest against disclosure.
 7        (d)  If a hearing is set pursuant to subsection (c),  the
 8    petitioner  shall provide notice of the petition and the time
 9    and place of the hearing at least 20 days prior to  the  date
10    of  the  hearing  to the parties in the criminal action.  The
11    court shall provide notice to each affected former  juror  by
12    personal  service  or  by  first-class mail, addressed to the
13    last known address of  the  former  juror  as  shown  in  the
14    records  of  the  court.   In  a capital case, the petitioner
15    shall  also  serve  notice  on  the  Attorney  General.   Any
16    affected former juror may appear in person,  in  writing,  by
17    telephone,  or  by  counsel  to  protest  the granting of the
18    petition.  A former juror who wishes to appear at the hearing
19    to oppose the unsealing of  the  personal  juror  identifying
20    information  may  request  the  court to close the hearing in
21    order to protect the former juror's anonymity.
22        (e)  After  the  hearing,  the  records  shall  be   made
23    available  as  requested  in  the  petition  unless  a former
24    juror's protest to the granting of the petition is sustained.
25    The court shall sustain the protest of the former  juror  if,
26    in  the discretion of the court, the petitioner fails to show
27    good  cause,  the  record  establishes  the  presence  of   a
28    compelling   interest   against   disclosure  as  defined  in
29    subsection (c), or the juror is unwilling to be contacted  by
30    the  petitioner.   The court shall set forth reasons and make
31    express findings to support the granting or  denying  of  the
32    petition  to  disclose.   The court may require the person to
33    whom disclosure is made, or his or her agent or employee,  to
34    agree  not  to  divulge  jurors'  identities  or  identifying
                            -3-                LRB9003703DJbd
 1    information  to  others,  and  the  court may otherwise limit
 2    disclosure in any manner it deems appropriate.
 3        (f)  Any court employee who has legal access to  personal
 4    juror identifying information sealed under subsection (b) and
 5    who  discloses  the information, knowing it to be a violation
 6    of this Section or a court order issued under  this  Section,
 7    is guilty of a Class B misdemeanor.
 8        (g)  Any  person  who  intentionally  solicits another to
 9    unlawfully access  or  disclose  personal  juror  identifying
10    information contained in records sealed under subsection (b),
11    knowing  that  the  records have been sealed, or who, knowing
12    that the information was  unlawfully  secured,  intentionally
13    discloses  it  to  another  person  is  guilty  of  a Class B
14    misdemeanor.
15        (h)  This Section applies only to cases in which  a  jury
16    verdict was returned on or after January 1, 1998.

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