HB3704 Engrossed LRB099 09017 HEP 29199 b
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

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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:

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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

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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.)