| |||||||
| |||||||
| |||||||
| 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; . | ||||||
| 22 | (2) a copy of an individualized education program plan | ||||||
| 23 | for the prospective juror who participates in a special | ||||||
| |||||||
| |||||||
| 1 | education program or receives transition or supported | ||||||
| 2 | employment services under Article 14 of the School Code, | ||||||
| 3 | submitted by the prospective juror or his or her legal | ||||||
| 4 | guardian; or | ||||||
| 5 | (3) a copy of a court order for guardianship showing | ||||||
| 6 | that the juror has been adjudged totally without capacity | ||||||
| 7 | and a plenary guardian has been appointed. | ||||||
| 8 | The county board, jury administrator, or jury | ||||||
| 9 | commissioners shall create and maintain a list of persons to be | ||||||
| 10 | permanently excluded from any jury list or general jury list | ||||||
| 11 | pursuant to this Section. The county board, jury administrator, | ||||||
| 12 | or jury commissioners shall notify a prospective juror, or his | ||||||
| 13 | or her legal guardian, when the juror is permanently excluded | ||||||
| 14 | from all current and subsequent jury lists or general jury | ||||||
| 15 | lists due to total and permanent disability. | ||||||
| 16 | For the purposes of this Section, "total and permanent | ||||||
| 17 | disability" means any physical or mental impairment, disease, | ||||||
| 18 | or loss of a permanent nature that prevents performance of the | ||||||
| 19 | duties of a juror. "Total and permanent disability" does not | ||||||
| 20 | include an impairment or disease that is transitory or minor in | ||||||
| 21 | nature or is capable of being improved.
| ||||||
| 22 | (Source: P.A. 97-436, eff. 1-1-12.)
| ||||||
| 23 | Section 10. The Jury Commission Act is amended by changing | ||||||
| 24 | Section 10.5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 310/10.5) | ||||||
| 2 | Sec. 10.5. Removal of prospective juror due to total and | ||||||
| 3 | permanent disability. If a prospective juror is found to be | ||||||
| 4 | unqualified due to the existence of a total and permanent | ||||||
| 5 | disability or is excused for undue hardship that is due to the | ||||||
| 6 | existence of a total and permanent disability, the jury | ||||||
| 7 | administrator or jury commissioners shall permanently exclude | ||||||
| 8 | the prospective juror from all current and subsequent jury | ||||||
| 9 | lists or general jury lists. Proof of total and permanent | ||||||
| 10 | disability shall be either: | ||||||
| 11 | (1) a written letter from a licensed
physician that | ||||||
| 12 | states the prospective juror has a total and permanent | ||||||
| 13 | disability as defined in this Section, describes the | ||||||
| 14 | disability, explains how it prevents the prospective juror | ||||||
| 15 | from serving as a juror, and states that the prospective | ||||||
| 16 | juror will never be able to serve as a juror; . | ||||||
| 17 | (2) a copy of an individualized education program plan | ||||||
| 18 | for the prospective juror who participates in a special | ||||||
| 19 | education program or receives transition or supported | ||||||
| 20 | employment services under Article 14 of the School Code, | ||||||
| 21 | submitted by the prospective juror or his or her legal | ||||||
| 22 | guardian; or | ||||||
| 23 | (3) a copy of a court order for guardianship showing | ||||||
| 24 | that the juror has been adjudged totally without capacity | ||||||
| 25 | and a plenary guardian has been appointed. | ||||||
| 26 | The jury administrator or jury commissioners shall create | ||||||
| |||||||
| |||||||
| 1 | and maintain a list of persons to be permanently excluded from | ||||||
| 2 | any jury list or general jury list pursuant to this Section. | ||||||
| 3 | The jury administrator or jury commissioners shall notify a | ||||||
| 4 | prospective juror, or his or her legal guardian, when the juror | ||||||
| 5 | is permanently excluded from all current and subsequent jury | ||||||
| 6 | lists or general jury lists due to total and permanent | ||||||
| 7 | disability. | ||||||
| 8 | For the purposes of this Section, "total and permanent | ||||||
| 9 | disability" means any physical or mental impairment, disease, | ||||||
| 10 | or loss of a permanent nature that prevents performance of the | ||||||
| 11 | duties of a juror. "Total and permanent disability" does not | ||||||
| 12 | include an impairment or disease that is transitory or minor in | ||||||
| 13 | nature or is capable of being improved.
| ||||||
| 14 | (Source: P.A. 97-436, eff. 1-1-12.)
| ||||||