Bill Text: IL SB0977 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Judicial Circuits Apportionment Act of 2005. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0977 Detail]
Download: Illinois-2013-SB0977-Engrossed.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Jury Act is amended by changing Section 2 as | ||||||
5 | follows:
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6 | (705 ILCS 305/2) (from Ch. 78, par. 2)
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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
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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
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16 | commissioners may utilize
the services of the
Administrative | ||||||
17 | Office of the Illinois Courts in making these selections.
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18 | Jurors in all counties in Illinois must have the legal | ||||||
19 | qualifications
herein prescribed. Jurors must be:
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20 | (1) Inhabitants of the county.
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21 | (2) Of the age of 18 years or upwards.
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22 | (3) Free from all legal exception, of fair character, of
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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 .
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6 | (4) Citizens of the United States of America.
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7 | (Source: P.A. 90-482, eff. 1-1-98.)
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8 | Section 10. The Jury Secrecy Act is amended by changing | ||||||
9 | Section 1 as follows:
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10 | (705 ILCS 315/1) (from Ch. 78, par. 36)
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11 | Sec. 1.
(a) Except as provided in subsection (b), whoever | ||||||
12 | knowingly
and wilfully, by any device or means whatsoever
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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.
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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
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10 | interpreter be replaced with another interpreter.
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11 | (b) A petit juror in any court of the State of Illinois
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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
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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.
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19 | (Source: P.A. 88-27.)
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20 | Section 15. The Code of Civil Procedure is amended by | ||||||
21 | adding Sections 8-1403 as follows:
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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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