99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3704

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

`705 ILCS 305/10.4`
`705 ILCS 310/10.5`

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.

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A BILL FOR

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1 AN ACT concerning courts.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Jury Act is amended by changing Section 10.4

5 as follows:

6 (705 ILCS 305/10.4)

7 Sec. 10.4. Removal of prospective juror due to total and

8 permanent disability. If a prospective juror is found to be

9 unqualified due to the existence of a total and permanent

10 disability or is excused for undue hardship that is due to the

11 existence of a total and permanent disability, the county

12 board, jury administrator, or jury commissioners shall

13 permanently exclude the prospective juror from all current and

14 subsequent jury lists or general jury lists. Proof of total and

15 permanent disability shall be either:

16 (1) a written letter from a licensed physician that

17 states the prospective juror has a total and permanent

18 disability as defined in this Section, describes the

19 disability, explains how it prevents the prospective juror

20 from serving as a juror, and states that the prospective

21 juror will never be able to serve as a juror; or ~~.~~

22 (2) copies of school special education individual

23 education programs submitted by the prospective juror or

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1 his or her legal guardian.

2 The county board, jury administrator, or jury

3 commissioners shall create and maintain a list of persons to be

4 permanently excluded from any jury list or general jury list

5 pursuant to this Section. The county board, jury administrator,

6 or jury commissioners shall notify a prospective juror, or his

7 or her legal guardian, when the juror is permanently excluded

8 from all current and subsequent jury lists or general jury

9 lists due to total and permanent disability.

10 For the purposes of this Section, "total and permanent

11 disability" means any physical or mental impairment, disease,

12 or loss of a permanent nature that prevents performance of the

13 duties of a juror.

14 (Source: P.A. 97-436, eff. 1-1-12.)

15 Section 10. The Jury Commission Act is amended by changing

16 Section 10.5 as follows:

17 (705 ILCS 310/10.5)

18 Sec. 10.5. Removal of prospective juror due to total and

19 permanent disability. If a prospective juror is found to be

20 unqualified due to the existence of a total and permanent

21 disability or is excused for undue hardship that is due to the

22 existence of a total and permanent disability, the jury

23 administrator or jury commissioners shall permanently exclude

24 the prospective juror from all current and subsequent jury

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1 lists or general jury lists. Proof of total and permanent

2 disability shall be either:

3 (1)a written letter from a licensed physician that

4 states the prospective juror has a total and permanent

5 disability as defined in this Section, describes the

6 disability, explains how it prevents the prospective juror

7 from serving as a juror, and states that the prospective

8 juror will never be able to serve as a juror; or ~~.~~

9 (2) copies of school special education individual

10 education programs submitted by the prospective juror or

11 his or her legal guardian.

12 The jury administrator or jury commissioners shall create

13 and maintain a list of persons to be permanently excluded from

14 any jury list or general jury list pursuant to this Section.

15 The jury administrator or jury commissioners shall notify a

16 prospective juror, or his or her legal guardian, when the juror

17 is permanently excluded from all current and subsequent jury

18 lists or general jury lists due to total and permanent

19 disability.

20 For the purposes of this Section, "total and permanent

21 disability" means any physical or mental impairment, disease,

22 or loss of a permanent nature that prevents performance of the

23 duties of a juror.

24 (Source: P.A. 97-436, eff. 1-1-12.)