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| Public Act 094-0186 |
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AN ACT concerning juries.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Juror | ||||
Protection Act. | ||||
Section 5. Juror contact. A person who represents himself | ||||
or herself during any phase of a jury trial and is subsequently | ||||
found guilty of any charge must seek and obtain leave of the | ||||
court prior to making any attempt to contact any member of the | ||||
jury panel, regardless of the reason for inquiry. | ||||
Section 10. Court petition; process. | ||||
(a) The defendant shall file with the court where his or | ||||
her case was heard a petition laying forth the reasons why | ||||
juror contact is necessary or otherwise appropriate. | ||||
(b) Upon receipt of the petition, the circuit clerk for the | ||||
court shall forward a copy of the petition to the State's | ||||
Attorney or other prosecuting attorney. Where a response to the | ||||
petition is deemed warranted, the State's Attorney or other | ||||
prosecuting attorney shall have 5 days to file a response. | ||||
(c) The court shall, within 7 days of receipt of the | ||||
petition and response, where one is filed, rule on the merits | ||||
of the request. | ||||
(d) The court may, but is not required to, hold a hearing | ||||
on the merits of the petition. | ||||
(e) If the petition is granted, the court shall, within 7 | ||||
days of the ruling, arrange for the defendant to be transported | ||||
to the courthouse to take part in the call. All phone calls | ||||
shall be made by an officer of the court and shall be made | ||||
between the hours of 8:30 a.m. and 6:00 p.m., Monday through | ||||
Friday. The court officer shall identify himself or herself to | ||||
the recipient of the call, ask to speak to the juror in | ||||
question, identify the purpose for the call, and ask the juror | ||
if he or she is willing to speak to the defendant. If the juror | ||
consents, the defendant shall be allowed to speak to the juror | ||
under the supervision of the court officer. If the juror | ||
refuses, no further contact may be made by or on behalf of the | ||
defendant. If there is no answer at the provided phone number, | ||
the officer of the court shall leave a message outlining the | ||
above and requesting that the juror contact the court officer | ||
to indicate whether or not he or she will speak to the | ||
defendant.
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Section 15. Violation. Any attempt to contact a member of | ||
the jury panel following that member's refusal to speak as | ||
outlined in subsection (e) of Section 10 shall be deemed a | ||
violation of Section 32-4 of the Criminal Code of 1961.
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Section 300. The Criminal Code of 1961 is amended by | ||
changing Section 32-4 as follows:
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(720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
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Sec. 32-4. Communicating with jurors and witnesses.
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(a) A person who, with intent to influence any person whom | ||
he believes
has been summoned as a juror, regarding any matter | ||
which is or may be
brought before such juror, communicates, | ||
directly or indirectly, with such
juror otherwise than as | ||
authorized by law commits a Class 4 felony.
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(b) A person who, with intent to deter any party or witness | ||
from
testifying freely, fully and truthfully to any matter | ||
pending in any court,
or before a Grand Jury, Administrative | ||
agency or any other State or local
governmental unit, forcibly | ||
detains such party or witness, or communicates,
directly or | ||
indirectly, to such party or witness any knowingly false
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information or a threat of injury or damage to the property or | ||
person of
any individual or offers or delivers or threatens to | ||
withhold money or
another thing of value to
any individual | ||
commits a
Class 3 felony.
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(c) A person who violates the Juror Protection Act commits | ||
a Class 4 felony.
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(Source: P.A. 91-696, eff. 4-13-00.)
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