Bill Text: IL HB3704 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Jury Act and the Jury Commission Act. In Sections concerning removal of prospective jurors due to total and permanent disability, provides that proof of total and permanent disability may be submitted in the form of copies of school special education individual education programs. Provides that the county board, jury administrator, or jury commissioners shall notify a prospective juror, or his or her legal guardian, when the juror is permanently excluded from all current and subsequent jury lists or general jury lists due to total and permanent disability.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2015-07-22 - Public Act . . . . . . . . . 99-0102 [HB3704 Detail]

Download: Illinois-2015-HB3704-Chaptered.html

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Public Act 099-0102
HB3704 Enrolled LRB099 09017 HEP 29199 b
AN ACT concerning courts.
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 Section 10.4
as follows:
(705 ILCS 305/10.4)
Sec. 10.4. Removal of prospective juror due to total and
permanent disability. If a prospective juror is found to be
unqualified due to the existence of a total and permanent
disability or is excused for undue hardship that is due to the
existence of a total and permanent disability, the county
board, jury administrator, or jury commissioners shall
permanently exclude the prospective juror from all current and
subsequent jury lists or general jury lists. Proof of total and
permanent disability shall be either:
(1) a written letter from a licensed physician that
states the prospective juror has a total and permanent
disability as defined in this Section, describes the
disability, explains how it prevents the prospective juror
from serving as a juror, and states that the prospective
juror will never be able to serve as a juror; .
(2) a copy of an individualized education program plan
for the prospective juror who participates in a special

education program or receives transition or supported
employment services under Article 14 of the School Code,
submitted by the prospective juror or his or her legal
guardian; or
(3) a copy of a court order for guardianship showing
that the juror has been adjudged totally without capacity
and a plenary guardian has been appointed.
The county board, jury administrator, or jury
commissioners shall create and maintain a list of persons to be
permanently excluded from any jury list or general jury list
pursuant to this Section. The county board, jury administrator,
or jury commissioners shall notify a prospective juror, or his
or her legal guardian, when the juror is permanently excluded
from all current and subsequent jury lists or general jury
lists due to total and permanent disability.
For the purposes of this Section, "total and permanent
disability" means any physical or mental impairment, disease,
or loss of a permanent nature that prevents performance of the
duties of a juror. "Total and permanent disability" does not
include an impairment or disease that is transitory or minor in
nature or is capable of being improved.
(Source: P.A. 97-436, eff. 1-1-12.)
Section 10. The Jury Commission Act is amended by changing
Section 10.5 as follows:

(705 ILCS 310/10.5)
Sec. 10.5. Removal of prospective juror due to total and
permanent disability. If a prospective juror is found to be
unqualified due to the existence of a total and permanent
disability or is excused for undue hardship that is due to the
existence of a total and permanent disability, the jury
administrator or jury commissioners shall permanently exclude
the prospective juror from all current and subsequent jury
lists or general jury lists. Proof of total and permanent
disability shall be either:
(1) a written letter from a licensed physician that
states the prospective juror has a total and permanent
disability as defined in this Section, describes the
disability, explains how it prevents the prospective juror
from serving as a juror, and states that the prospective
juror will never be able to serve as a juror; .
(2) a copy of an individualized education program plan
for the prospective juror who participates in a special
education program or receives transition or supported
employment services under Article 14 of the School Code,
submitted by the prospective juror or his or her legal
guardian; or
(3) a copy of a court order for guardianship showing
that the juror has been adjudged totally without capacity
and a plenary guardian has been appointed.
The jury administrator or jury commissioners shall create

and maintain a list of persons to be permanently excluded from
any jury list or general jury list pursuant to this Section.
The jury administrator or jury commissioners shall notify a
prospective juror, or his or her legal guardian, when the juror
is permanently excluded from all current and subsequent jury
lists or general jury lists due to total and permanent
disability.
For the purposes of this Section, "total and permanent
disability" means any physical or mental impairment, disease,
or loss of a permanent nature that prevents performance of the
duties of a juror. "Total and permanent disability" does not
include an impairment or disease that is transitory or minor in
nature or is capable of being improved.
(Source: P.A. 97-436, eff. 1-1-12.)