Public Act 90-0482 of the 90th General Assembly
Public Act 90-0482
SB303 Enrolled LRB9001845RCks
AN ACT concerning circuit courts, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Jury Act is amended by changing Sections
1, 2, and 10.2 as follows:
(705 ILCS 305/1) (from Ch. 78, par. 1)
Sec. 1. The county board of each county, except those
counties which have a jury administrator or jury
commissioners as provided in the Jury Commission Act, shall,
at or before the time of its meeting, in September, in each
year, or at any time thereafter, when necessary for the
purpose of this Act, make a list of the legal voters and the
Illinois driver's license, Illinois Identification Card, and
Illinois Disabled Person Identification Card holders of the
county, giving the place of residence of each name on the
list, to be known as a jury list. The list shall be made by
choosing every tenth name, or other whole number rate
necessary to obtain the number required, from the latest
voter registration and drivers license, Illinois
Identification Card, and Illinois Disabled Person
Identification Card holders lists of the county. In compiling
the jury list, duplication of names shall be avoided to the
extent practicable.
As used in this Act, "jury administrator" is defined as
under Section 0.05 of the Jury Commission Act.
(Source: P.A. 88-27.)
(705 ILCS 305/2) (from Ch. 78, par. 2)
Sec. 2. At the September meeting of the county board in
each year in the respective counties in this State, except
those that have jury commissioners, the board shall select
from the list the number of persons as the judges of the
circuit courts, to be held in the county during the
succeeding year, may by joint action determine to serve as
petit jurors. In counties having jury commissioners, the
persons to serve as petit jurors shall be selected by the
jury commissioners, as provided by law. County boards, a
jury administrator, and jury commissioners may utilize the
services of the Administrative Office of the Illinois Courts
in making these selections. Jurors in all counties in
Illinois must have the legal qualifications herein
prescribed. Jurors must be:
(1) Inhabitants of the county.
(2) Of the age of 18 years or upwards.
(3) Free from all legal exception, of fair character, of
approved integrity, of sound judgment, well informed, and
able to understand the English language, whether in spoken or
written form or interpreted into sign language.
(4) Citizens of the United States of America.
(Source: P.A. 88-27.)
(705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
Sec. 10.2. The county boards of the respective counties,
or the jury commissioners for those counties which have been
appointed pursuant to "An Act in relation to jury
commissioners and authorizing judges to appoint such
commissioners and to make rules concerning their powers and
duties", approved June 15, 1887, as amended, or a jury
administrator shall have the authority to submit
questionnaires to prospective jurors to inquire as to their
qualifications for jury service and as to the hardship that
jury service would pose to the prospective jurors. Upon
prior approval by the chief judge of the judicial circuits in
which a county board, jury administrator, or of jury
commissioners are situated, the county board, jury
administrator, or jury commissioners shall excuse a
prospective juror from jury service if the prospective juror
shows that such service would impose an undue hardship on
account of the nature of the prospective juror's occupation,
business affairs, physical health, family situation, active
duty in the Illinois National Guard or Illinois Naval
Militia, or other personal affairs, and cause his or her name
to be returned to the jury list or general jury list.
(Source: P.A. 85-407.)
Section 10. The Jury Commission Act is amended by
changing Sections 1, 2, 3, 7, 8, 9, and 10 and adding Section
0.05 as follows:
(705 ILCS 310/0.05 new)
Sec. 0.05. Jury administrator defined. As used in this
Act, "jury administrator" means an employee of a circuit
court located in a county with a population of at least
3,000,000, appointed by the chief judge for that circuit and
who, at the direction of the chief judge, performs the
functions of jury commissioners.
(705 ILCS 310/1) (from Ch. 78, par. 24)
Sec. 1. (a) In every county of this State now
containing, or which may hereafter contain more than 75,000
inhabitants, and in any other county with a population less
than 3,000,000 in which the county board by resolution
determines that jury commissioners shall be appointed, the
circuit judges in the circuit of which the county is a part,
or a majority of them, shall choose 3 competent and discreet
electors, who shall not be so chosen on account of party
affiliations, who shall be known as jury commissioners. Such
commissioners shall, in counties now containing the required
number of inhabitants, be chosen on the first Monday of July,
1897, and in counties hereafter containing the required
number of inhabitants such commissioners shall be chosen on
the first Monday of July, after it shall have been determined
by the last preceding national census that the inhabitants of
such county are of the number required or after the county
board by resolution determines that jury commissioners shall
be appointed, as the case may be. Of the first 3 so chosen,
one shall hold his office for one year, one for 2 years and
one for 3 years, to be determined by lot, and every year
thereafter one such officer shall be chosen for the term of 3
years. Each of such commissioners, before entering upon the
duties of his office, shall take and subscribe to an oath of
office before one of such judges, and shall execute a bond to
the People of the State of Illinois in such sums and with
such sureties as shall be required by such judge and be, by
him, approved, conditioned for the faithful discharge of his
duties as such commissioner during his term of office. The
majority of the Circuit judges herein referred to may remove
either of such commissioners, assigning reasons therefor, and
fill all vacancies occurring in the office of any such
commissioners by death, resignation or removal.
(b) In counties with a population of at least 3,000,000,
the chief judge of the circuit of that county may discontinue
the appointment of jury commissioners for that county. If
the chief judge of a circuit in a county with a population of
at least 3,000,000 discontinues the appointments of the jury
commissioners, the functions of the jury commissioners may be
performed by a jury administrator. The jury commissioners in
office at the time of the discontinuance shall complete their
terms of office and shall discharge their duties and
responsibilities as assigned by the chief judge of that
circuit.
(Source: P.A. 85-235; 85-469.)
(705 ILCS 310/2) (from Ch. 78, par. 25)
Sec. 2. In a county with a population of at least
3,000,000 in which a jury administrator or jury commissioners
have been appointed, the jury administrator or
commissioners, upon entering upon the duties of their office,
and every 4 years thereafter, shall prepare a list of all
legal voters and all Illinois driver's license, Illinois
Identification Card, and Illinois Disabled Person
Identification Card holders of each town or precinct of the
county possessing the necessary legal qualifications for jury
duty, to be known as the jury list. In a county with a
population of less than 3,000,000 in which a jury
administrator or jury commissioners have been appointed, the
jury administrator or jury commissioners upon entering upon
the duties of their office, and each year thereafter, shall
prepare a list of all Illinois driver's license, Illinois
Identification Card, and Illinois Disabled Person
Identification Card holders and all registered voters of the
county to be known as the jury list.
The jury list may be revised and amended annually in the
discretion of the commissioners or jury administrator. Any
record kept by the jury commissioners or jury administrator
for over 4 years may be destroyed at their discretion. The
name of each person on the list shall be entered in a book or
books to be kept for that purpose, and opposite the name
shall be entered his or her age and place of residence,
giving street and number, if any.
The jury administrator, jury commissioners, or the
Administrative Office of the Illinois Courts shall receive an
up-to-date list of Illinois driver's license, Illinois
Identification Card, and Illinois Disabled Person
Identification Card holders from the Secretary of State as
provided in Section 1a of the Jury Act. In compiling the jury
list, duplication of names shall be avoided to the extent
practicable.
Whenever the name of a registered voter or an Illinois
driver's license, Illinois Identification Card, or Illinois
Disabled Person Identification Card holder appearing upon
this jury list is transferred to the active jury list in the
manner prescribed by Section 8 of this Act, the following
additional information shall be recorded after the name of
the voter: the age of the voter, his or her occupation, if
any, whether or not he or she is a resident residing with his
or her family and whether or not he or she is an owner or
life tenant of real estate in the county.
(Source: P.A. 88-27; 88-40; 88-670, eff. 12-2-94.)
(705 ILCS 310/3) (from Ch. 78, par. 26)
Sec. 3. (a) The said commissioners are empowered to
provide a suitable room or rooms in which to transact their
business, and to incur all other necessary expenses which
shall be paid by warrants drawn as provided in section 6 of
this act, and with the approval of said judges or a majority
thereof to appoint a clerk and the requisite number of
assistants. In counties having 1,000,000 or more inhabitants,
the clerk, if there be one, shall be on duty at the room or
rooms of said commissioners each day during the session of
court; if there be no clerk, then one, at least, of said
commissioners shall, in like manner, be present, if so
prescribed by the rules hereinafter mentioned. The said jury
commissioners shall also have power to summon electors to
appear before them and to examine them touching their
qualifications for jury service; and each of said
commissioners and their clerk and assistants provided for in
this act, are hereby empowered to administer all oaths or
affirmations required in the discharge of their official
duties. Any Circuit Court of this state, in any county where
this law is in force, or any judge thereof, upon application
of any such jury commissioners may in the discretion of the
court compel the attendance of electors and the giving of
testimony before the said jury commissioners, by attachment
for contempt or otherwise, in the same manner as the
production of evidence may be compelled before said court.
Every person, who having taken an oath or made affirmation as
herein provided, shall swear or affirm willfully, corruptly
and falsely, shall be guilty of perjury, and upon conviction
shall be punished accordingly.
(b) In a county with a population of at least 3,000,000,
if a jury administrator is designated by the chief judge of
that circuit to perform the functions of jury commissioners,
the chief judge of that circuit is authorized to provide a
suitable room or rooms in which to transact the business of
qualifying jurors and to incur all the other necessary
expenses to be paid by the county treasurer. The chief judge
for that circuit is authorized to designate a requisite
number of assistants to aid in the functions of qualifying
jurors.
(Source: P.A. 76-1663.)
(705 ILCS 310/7) (from Ch. 78, par. 30)
Sec. 7. The jury list provided for in Section 2 of this
Act shall be known as the general jury list, and the manner
of its preparation by the jury administrator or jury
commissioners shall be as prescribed by the chief judge or by
rules to be adopted by majority vote of the said judges.
(Source: Laws 1931, p. 655.)
(705 ILCS 310/8) (from Ch. 78, par. 31)
Sec. 8. In such manner as may be prescribed by rules to
be adopted by majority vote of the said judges, the jury
administrator or the jury commissioners shall also:
(a) From time to time prepare a secondary list to be
known as the active jury list, containing such number of
names taken from the general jury list as shall be appointed
by the said rules, and in addition thereto, such other lists,
to be known as period jury lists, as the said rules may
require. Such period jury lists, if provided for, shall
contain the names of prospective jurors who shall have
indicated, either before or after being summoned for jury
duty, at what time of the year they could most conveniently
serve. The active jury list and, except as to the names of
persons certified back by the clerk of the court as provided
in Section 10 of this act, the period jury lists, shall be
prepared by selecting every twentieth name, or other whole
number rate necessary to obtain the number required, or, in
counties having a population greater than 1,000,000, in a
manner prescribed by the judge in charge of jury selection,
from the general jury list;
(b) Make the active jury list and, except as to the
names of persons certified back by the clerk of the court as
provided in Section 10 of this Act, the period jury lists,
available for the clerks of the circuit court to draw
therefrom by lot, as hereinafter required, providing for the
purpose such devices or mechanisms as the said rules shall
prescribe;
(c) See that at least 2 jury commissioners, one jury
commissioner of their number, or one of their number and a
judge of the circuit court of the county, or a jury
administrator shall be present at any such drawing, along
with the clerk of the said jury commissioners, if there be
one, except that if the names are to be drawn by computer no
jury commissioner need be present at any drawing by computer;
(d) Provide for the manner of selection of jurors to be
provided to coroners pursuant to Section 10 of "An Act to
revise the law in relation to coroners", approved July 1,
1874, as amended; provided that such manner of selection
shall be, to the extent practicable, similar to the manner in
which petit and grand jurors are selected; and
(e) Perform such other duties in relation to the
selection of electors for jury service and their appearance
for such service as are prescribed by this act or may be
prescribed by the said rules or procedures established by the
chief judge of the circuit.
(Source: P.A. 85-345; 86-1053.)
(705 ILCS 310/9) (from Ch. 78, par. 32)
Sec. 9. In other than single county circuits, the chief
judge of the circuit court of the county shall certify to the
clerk of the court the number of petit jurors required each
month. The clerk shall then repair to the office of the jury
commissioners or the jury administrator and there, in the
presence of the persons mentioned in Section 8 of this act,
proceed to draw by lot or by random electronic process the
necessary number of names from those made available for such
drawing as in Section 8 of this act provided. The clerk shall
thereupon certify the electors whose names are so drawn, and
summon them by the type of mail service selected from among
those permitted for service of petit and grand jurors
selected in "An Act concerning jurors, and to repeal certain
Acts therein named", approved February 11, 1874, as amended.
If service of summons cannot be made by the type of mail
service selected, the clerk of the court issuing such summons
shall, as soon as that fact is determined, re-issue and
deliver the summons for the juror not served to the sheriff
for service as provided in such case in Section 9 of "An Act
concerning jurors, and to repeal certain Acts therein named,"
approved February 11, 1874, as amended. If more jurors are
needed during the month, a judge of the court shall so
certify, and they shall be drawn and certified forthwith and
served in the manner above provided. Whenever a grand jury is
required by law or by order of the court, it shall be drawn
and certified and served in like manner.
(Source: P.A. 80-780.)
(705 ILCS 310/10) (from Ch. 78, par. 33)
Sec. 10. When any elector drawn and summoned as a petit
juror or as a grand juror shall appear in obedience to
summons, any judge of the court in which he has thus
appeared, if satisfied that, on account of the nature of the
elector's occupation, business affairs, physical health,
family situation, active duty in military service, or other
personal affairs, service at another time will subject him to
less inconvenience, shall have discretion to excuse him
temporarily from service as juror or grand juror and require
him to appear at a subsequent day not later than one year
from the time of such excuse. And if any elector so excused
shall fail to appear for service at the later day thus
designated, his attendance shall be enforced in the same
manner as is now provided by law for the case of his failure
to appear in obedience to summons. When any elector has been
so temporarily excused, the fact of such excuse and the day
at which he is to appear for service shall be certified by
the clerk of the court to the jury commissioners or the jury
administrator. The jury commissioners or the jury
administrator shall thereupon place the name of such elector
upon the appropriate period jury list, if period jury lists
have been provided for by the said rules, and, in any case,
shall, at least ten days before the day at which he is
required to appear for service, send him by mail a notice
reminding him of his duty to appear. Failure to send such
notice, however, shall not affect the duty of the elector to
appear as required at the time of his temporary excuse. The
number of petit jurors to be drawn by the clerk of any of the
said courts for any given month, as provided in Section 9 of
this act, shall be reduced by the number of petit jurors on
the period jury list under duty to appear in that court at
that month. A like reduction shall be made in the number of
persons to be drawn as grand jurors as provided in Section 9
of this Act.
(Source: P.A. 84-1428.)