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.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Jury Act is amended by changing Section 2 as
5follows:
6 (705 ILCS 305/2) (from Ch. 78, par. 2)
7 Sec. 2. At the September meeting of the county board in
8each year in the respective counties in this State, except
9those that have jury commissioners, the board shall select from
10the list the number of persons as the judges of the circuit
11courts, to be held in the county during the succeeding year,
12may by joint action determine to serve as petit jurors. In
13counties having jury commissioners, the persons to serve as
14petit jurors shall be selected by the jury commissioners, as
15provided by law. County boards, a jury administrator, and jury
16commissioners may utilize the services of the Administrative
17Office of the Illinois Courts in making these selections.
18Jurors in all counties in Illinois must have the legal
19qualifications 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
23approved integrity, of sound judgment, well informed, and able

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1to understand the English language, whether in spoken or
2written form, or interpreted into sign language, or, in
3counties in which a pilot program is implemented in accordance
4with Section 8-1403 of the Code of Civil Procedure, interpreted
5or 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
9Section 1 as follows:
10 (705 ILCS 315/1) (from Ch. 78, par. 36)
11 Sec. 1. (a) Except as provided in subsection (b), whoever
12knowingly and wilfully, by any device or means whatsoever
13records or attempts to record, the proceedings of a petit jury
14in any court of the State of Illinois while the jury is
15deliberating or voting, or listens to or observes, or attempts
16to listen to or observe, the proceedings of any petit jury of
17which he is not a member in any court of the State of Illinois
18while the jury is deliberating or voting, shall be guilty of a
19Class A misdemeanor. However, if any juror is deaf or hard of
20hearing, the juror may be accompanied by and may communicate
21with a court appointed interpreter throughout any period during
22which the jury is sequestered or engaged in its deliberations.
23In counties in which a pilot program is implemented in
24accordance with Section 8-1403 of the Code of Civil Procedure,

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1if any juror's predominant language is not English, the juror
2may be accompanied by an interpreter. In the case of a
3non-English speaking juror, the interpreter shall be available
4throughout the actual trial and may accompany and communicate
5with the juror throughout any period during which the jury is
6sequestered or engaged in its deliberations. If the jury
7foreman reasonably believes that an the interpreter is doing
8more than interpreting, nothing in this Act shall prevent him
9or her from petitioning the court and requesting that the
10interpreter be replaced with another interpreter.
11 (b) A petit juror in any court of the State of Illinois
12shall be entitled to take notes in connection with and solely
13for the purpose of assisting him in the performance of his
14duties as juror, and the sheriff of the county in which such
15juror is serving shall provide writing materials for that
16purpose. Such notes shall remain confidential, and shall be
17destroyed by the sheriff after the verdict has been returned or
18a mistrial declared.
19(Source: P.A. 88-27.)
20 Section 15. The Code of Civil Procedure is amended by
21adding Sections 8-1403 as follows:
22 (735 ILCS 5/8-1403 new)
23 Sec. 8-1403. Accommodation for jurors whose predominant
24language is not English.

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1 (a) In the counties of Cook, Lake, DuPage, Kane, and Will,
2the court shall implement a pilot program to appoint a
3qualified interpreter to interpret or translate proceedings
4for a juror whose predominant language is not English. The
5interpreter shall be available throughout the trial and may
6accompany and communicate with the juror throughout any period
7during which the jury is sequestered or engaged in its
8deliberations. The court shall determine and allow a reasonable
9fee for all services provided under this Section which shall be
10paid out of general county funds.
11 (b) The Administrative Office of the Illinois Courts shall
12record the following regarding the pilot program: the amount of
13funding that is expended; what languages are interpreted; and
14the extent to which interpreters are used in each county in
15which the pilot program operates.
16 (c) Before a qualified interpreter participates in any
17proceedings authorized under this Section, the interpreter
18shall 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
4date of this amendatory Act of the 98th General Assembly.
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