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Full Text of HB4844
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HB4844 - 104th General Assembly
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House Amendment 001
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House Amendment 001
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HB4844 Enrolled
LRB104 17822 JRC 31256 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 4.1
5
as follows:
6
(705 ILCS 305/4.1)
(from Ch. 78, par. 4.1)
7
Sec. 4.1.
Jury duty; notice to employer; right to time
8
off.
9
(a) Any person who is not legally disqualified to serve on
10
juries, and has been duly summoned for jury duty for either
11
petit or grand jury service, shall be given time off from
12
employment to serve upon the jury for which such employee is
13
summoned, regardless of the employment shift such employee is
14
assigned to at the time of service of such summons. An employee
15
shall give his employer reasonable notice of required jury
16
service. An employer may not deny an employee time off for jury
17
duty because such employee is then assigned to work a night
18
shift of employment, that is, an employer cannot require a
19
night shift worker to work while such employee is doing jury
20
duty in the daytime.
21
(b) No employer shall discharge, threaten to discharge,
22
intimidate or coerce any employee by reason of the employee's
23
jury service, or the attendance or scheduled attendance in
HB4844 Enrolled
- 2 -
LRB104 17822 JRC 31256 b
1
connection with such service, in any court of this State.
2
(c) If an employee gives reasonable notice of required
3
jury service, any employer who violates the provisions of this
4
Section:
5
(1) may be charged with contempt of court. In such an
6
event, the State's Attorney shall file a petition for
7
civil contempt, criminal contempt, or both, against the
8
employer to be prosecuted by the State's Attorney; and
9
(2) shall be liable for damages for any loss of wages
10
or other benefits suffered by an employee by reason of the
11
violation; and
12
(3) may be enjoined from further violations of this
13
Section and ordered to reinstate any employee discharged
14
by reason of jury service.
15
As used in this Section, "reasonable notice of required
16
jury service" means that the employee summoned for jury duty
17
must deliver to the employer a copy of the summons within 10
18
days of the date of issuance of the summons to the employee.
19
(d) Any individual who is reinstated to a position of
20
employment in accordance with this Section shall be considered
21
as having been on furlough or leave of absence during his
22
period of jury service, shall be reinstated to his position of
23
employment without loss of seniority, and shall be entitled to
24
participate in insurance or other benefits offered by the
25
employer under established rules and practices relating to
26
employees on furlough or leave of absence in effect with the
HB4844 Enrolled
- 3 -
LRB104 17822 JRC 31256 b
1
employer at the time the individual entered upon jury service.
2
(e) In any action or proceeding under this Section, the
3
court may award a prevailing employee who brings the action by
4
retained counsel a reasonable attorney's fee.
5
(f) Any right or remedy provided in this Section is in
6
addition to any right or remedy otherwise provided by law to an
7
employee.
8
(g)
Employers shall be required to compensate an employee
9
at their regular rate of pay for time serving on jury duty
No
10
employer shall be obligated to compensate an employee for time
11
taken off for jury duty
.
The requirements of this subsection
12
do not apply to employers with 25 or fewer employees.
13
(h) The official responsible for issuing the summons may
14
advise the juror of his rights under this Act by printed insert
15
with the summons or on the summons itself.
16
(Source: P.A. 86-1395; 87-616.)
17
Section 10.
The Jury Commission Act is amended by changing
18
Section 10.1 as follows:
19
(705 ILCS 310/10.1)
(from Ch. 78, par. 33.1)
20
Sec. 10.1.
Jury duty, notice to employer, right to time
21
off.
(a) Any person who is not legally disqualified to serve on
22
juries, and has been duly summoned for jury duty for either
23
petit or grand jury service, shall be given time off from
24
employment to serve upon the jury for which such employee is
HB4844 Enrolled
- 4 -
LRB104 17822 JRC 31256 b
1
summoned, regardless of the employment shift such employee is
2
assigned to at the time of service of such summons. An employee
3
shall give his employer reasonable notice of required jury
4
service. An employer may not deny an employee time off for jury
5
duty because such employee is then assigned to work a night
6
shift of employment, that is, an employer cannot require a
7
night shift worker to work while such employee is doing jury
8
duty in the daytime.
9
(b) No employer shall discharge, threaten to discharge,
10
intimidate or coerce any employee by reason of the employee's
11
jury service, or the attendance or scheduled attendance in
12
connection with such service, in any court of this State.
13
(c) If an employee gives reasonable notice of required
14
jury service, any employer who violates the provisions of this
15
Section:
16
(1) may be charged with contempt of court. In such an
17
event, the State's Attorney shall file a petition for
18
civil contempt, criminal contempt, or both, against the
19
employer to be prosecuted by the State's Attorney; and
20
(2) shall be liable for damages for any loss of wages
21
or other benefits suffered by an employee by reason of the
22
violation; and
23
(3) may be enjoined from further violations of this
24
Section and ordered to reinstate any employee discharged
25
by reason of jury service.
26
As used in this Section, "reasonable notice of required
HB4844 Enrolled
- 5 -
LRB104 17822 JRC 31256 b
1
jury service" means that the employee summoned for jury duty
2
must deliver to the employer a copy of the summons within 10
3
days of the date of issuance of the summons to the employee.
4
(d) Any individual who is reinstated to a position of
5
employment in accordance with this Section shall be considered
6
as having been on furlough or leave of absence during his
7
period of jury service, shall be reinstated to his position of
8
employment without loss of seniority, and shall be entitled to
9
participate in insurance or other benefits offered by the
10
employer under established rules and practices relating to
11
employees on furlough or leave of absence in effect with the
12
employer at the time the individual entered upon jury service.
13
(e) In any action or proceeding under this Section, the
14
court may award a prevailing employee who brings the action by
15
retained counsel a reasonable attorney's fee.
16
(f) Any right or remedy provided in this Section is in
17
addition to any right or remedy otherwise provided by law to an
18
employee.
19
(g)
Employers are required to compensate employees at the
20
employee's regular rate of pay for time that the employee
21
served on jury duty
No employer shall be obligated to
22
compensate an employee for time taken off for jury duty
.
The
23
requirements of this subsection do not apply to employers with
24
25 or fewer employees.
25
(h) The official responsible for issuing the summons may
26
advise the juror of his rights under this Act by printed insert
HB4844 Enrolled
- 6 -
LRB104 17822 JRC 31256 b
1
with the summons or on the summons itself.
2
(Source: P.A. 86-1395; 87-616.)
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