Bill Text: IL SB1540 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code and the Code of Civil Procedure to reenact provisions without the changes made by Public Act 98-1132, which was held unconstitutional by the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1540 Detail]

Download: Illinois-2019-SB1540-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1540 Introduced 2/15/2019, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
55 ILCS 5/4-11001 from Ch. 34, par. 4-11001
735 ILCS 5/2-1105 from Ch. 110, par. 2-1105
Amends the Counties Code and the Code of Civil Procedure to reenact provisions without the changes made by Public Act 98-1132, which was held unconstitutional by the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(a) The General Assembly finds and declares that:
(1) "An Act concerning courts", Public Act 98-1132,
approved December 19, 2014, amended Section 4-11001 of the
Counties Code and Section 2-1105 of the Code of Civil
Procedure.
(2) In Kakos v. Butler, 2016 IL 120377, the Illinois
Supreme Court held that Public Act 98-1132 is void in its
entirety.
(b) It is the purpose of this Act to reenact Section
4-11001 of the Counties Code and Section 2-1105 without the
changes made by Public Act 98-1132.
(c) This Act is not intended to supersede any other Public
Act of the 101st General Assembly.
Section 5. The Counties Code is amended by reenacting
Section 4-11001 as follows:
(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
Sec. 4-11001. Juror fees. Each county shall pay to grand
and petit jurors for their services in attending courts the sum

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of $4 for each day of necessary attendance at such courts as
jurors in counties of the first class, the sum of $5 for each
day in counties of the second class, and the sum of $10 for
each day in counties of the third class, or such higher amount
as may be fixed by the county board.
In addition, jurors shall receive such travel expense as
may be determined by the county board, provided that jurors in
counties of the first class and second class shall receive at
least 10 cents per mile for their travel expense. Mileage shall
be allowed for travel during a juror's term as well as for
travel at the opening and closing of his term.
If a judge so orders, a juror shall also receive
reimbursement for the actual cost of day care incurred by the
juror during his or her service on a jury.
The juror fees for service, transportation, and day care
shall be paid out of the county treasury.
The clerk of the court shall furnish to each juror without
fee whenever he is discharged a certificate of the number of
days' attendance at court, and upon presentation thereof to the
county treasurer, he shall pay to the juror the sum provided
for his service.
Any juror may elect to waive the fee paid for service,
transportation, or day care, or any combination thereof.
(Source: P.A. 97-840, eff. 1-1-13.)
Section 10. The Code of Civil Procedure is amended by

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reenacting Section 2-1105 as follows:
(735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
Sec. 2-1105. Jury demand.
(a) A plaintiff desirous of a trial by jury must file a
demand therefor with the clerk at the time the action is
commenced. A defendant desirous of a trial by jury must file a
demand therefor not later than the filing of his or her answer.
Otherwise, the party waives a jury. If an action is filed
seeking equitable relief and the court thereafter determines
that one or more of the parties is or are entitled to a trial by
jury, the plaintiff, within 3 days from the entry of such order
by the court, or the defendant, within 6 days from the entry of
such order by the court, may file his or her demand for trial
by jury with the clerk of the court. If the plaintiff files a
jury demand and thereafter waives a jury, any defendant and, in
the case of multiple defendants, if the defendant who filed a
jury demand thereafter waives a jury, any other defendant shall
be granted a jury trial upon demand therefor made promptly
after being advised of the waiver and upon payment of the
proper fees, if any, to the clerk.
(b) All jury cases where the claim for damages is $50,000
or less shall be tried by a jury of 6, unless either party
demands a jury of 12. If a fee in connection with a jury demand
is required by statute or rule of court, the fee for a jury of 6
shall be 1/2 the fee for a jury of 12. A party demanding a jury

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of 12 after another party has paid the applicable fee for a
jury of 6 shall pay the remaining 1/2 of the fee applicable to
a jury of 12.
(Source: P.A. 94-206, eff. 1-1-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.