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.)