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Full Text of SB2784
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SB2784 - 104th General Assembly
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House Amendment 001
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Introduced
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House Amendment 001
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SB2784 Enrolled
LRB104 16465 JRC 29858 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 Circuit Courts Act is amended by changing
5
Sections 2f-2 and 2f-14 as follows:
6
(705 ILCS 35/2f-2)
7
Sec. 2f-2.
19th judicial circuit; subcircuits; additional
8
judges.
9
(a) Prior to December 5, 2022, the 19th circuit shall be
10
divided into 6 subcircuits. The subcircuits shall be compact,
11
contiguous, and substantially equal in population. The General
12
Assembly by law shall create the subcircuits, using population
13
data as determined by the 2000 federal census, and shall
14
determine a numerical order for the 6 subcircuits. That
15
numerical order shall be the basis for the order in which
16
resident judgeships are assigned to the subcircuits. The 6
17
resident judgeships to be assigned that are not added by or
18
converted from at-large judgeships as provided in this
19
amendatory Act of the 96th General Assembly shall be assigned
20
to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that
21
order. The 6 resident judgeships to be assigned that are added
22
by or converted from at-large judgeships as provided in this
23
amendatory Act of the 96th General Assembly shall be assigned
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that
2
order. Once a resident judgeship is assigned to a subcircuit,
3
it shall continue to be assigned to that subcircuit for all
4
purposes; provided that a resident judge elected from a
5
subcircuit seeking retention shall run for retention at large
6
in the circuit in accordance with Article VI, Section 12(d) of
7
the Illinois Constitution.
8
(a-3) On and after December 5, 2022, the 19th circuit is
9
divided into 12 subcircuits. Beginning in 2031, the General
10
Assembly shall, in the year following each federal decennial
11
census, redraw the boundaries of the subcircuits to reflect
12
the results of the most recent federal decennial census. The
13
subcircuits shall be compact, contiguous, and substantially
14
equal in population. Once a judgeship is assigned to a
15
subcircuit or an at-large judgeship is converted to a resident
16
judgeship and assigned to a subcircuit, it shall be assigned
17
to that subcircuit for all purposes; provided that a resident
18
judge elected from a subcircuit seeking retention shall run
19
for retention at large in the circuit in accordance with
20
Article VI, Section 12(d) of the Illinois Constitution. Any
21
vacancy in a resident judgeship existing on or occurring after
22
the effective date of a law redrawing the boundaries of the
23
subcircuits shall be filled by election by a resident of the
24
redrawn subcircuit. When a vacancy occurs in a resident
25
judgeship, the resident judgeship shall be allotted by the
26
Supreme Court under subsection (c) and filled by election.
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
(a-5) Of the at-large judgeships of the 19th judicial
2
circuit, the first 3 that are or become vacant on or after the
3
effective date of this amendatory Act of the 96th General
4
Assembly shall become resident judgeships of the 19th judicial
5
circuit to be allotted by the Supreme Court under subsection
6
(c) and filled by election, except that the Supreme Court may
7
fill those judgeships by appointment for any remainder of a
8
vacated term until the resident judgeships are filled
9
initially by election. As used in this subsection, a vacancy
10
does not include the expiration of a term of an at-large judge
11
who seeks retention in that office at the next term.
12
(a-10) The 19th judicial circuit shall have 3 additional
13
resident judgeships to be allotted by the Supreme Court under
14
subsection (c). One of the additional resident judgeships
15
shall be filled by election beginning at the 2010 general
16
election. Two of the additional resident judgeships shall be
17
filled by election beginning at the 2012 general election.
18
(a-15) On and after January 7, 2022, each at-large
19
judgeship of the 19th judicial circuit existing on January 7,
20
2022 shall be converted to a resident judgeship as it is or
21
becomes vacant and shall be allotted by the Supreme Court
22
according to subsection (c) of this Section. It is the intent
23
of the General Assembly not to create any additional
24
judgeships in the 19th judicial circuit by this amendatory Act
25
of the 102nd General Assembly. Notwithstanding any other
26
provision of law to the contrary, the conversion of at-large
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
judgeships to resident judgeships under this subsection shall
2
not entitle the 19th judicial circuit to any additional
3
circuit judgeships elected at-large.
4
(a-20) Any judgeship that became vacant after January 1,
5
2020 and on June 1, 2020 (the effective date of Public Act
6
102-380) is held by an individual appointed by the Supreme
7
Court also shall be filled by election at the 2022 general
8
election.
9
(b) Prior to December 5, 2022, the 19th circuit shall have
10
a total of 12 resident judgeships (6 resident judgeships
11
existing on the effective date of this amendatory Act of the
12
96th General Assembly, 3 formerly at-large judgeships as
13
provided in subsection (a-5), and 3 resident judgeships added
14
by subsection (a-10)). The number of resident judgeships
15
allotted to subcircuits of the 19th judicial circuit pursuant
16
to this Section shall constitute all the resident judgeships
17
of the 19th judicial circuit.
18
(c) Prior to January 7, 2022 (the effective date of Public
19
Act 102-693), the Supreme Court shall allot (i) all vacancies
20
in resident judgeships of the 19th circuit existing on or
21
occurring on or after the effective date of this amendatory
22
Act of the 93rd General Assembly and not filled at the 2004
23
general election, (ii) the resident judgeships of the 19th
24
circuit filled at the 2004 general election as those
25
judgeships thereafter become vacant, (iii) the 3 formerly
26
at-large judgeships described in subsection (a-5) as they
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
become available, (iv) the 3 resident judgeships added by
2
subsection (a-10), and (v) the additional resident judgeships
3
provided for by subsection (a-3), for election from the
4
various subcircuits until there are 2 resident judges to be
5
elected from each subcircuit. On and after January 7, 2022,
6
the Supreme Court shall allot all vacancies in the
16
15
7
resident judgeships of the 19th circuit (the
13
12
resident
8
judgeships
existing on January 7, 2022
and
the
3 formerly
9
at-large judgeships converted under subsection (a-15)) for
10
election from the various subcircuits created by Public Act
11
102-693 in numerical order until there is one resident judge
12
to be elected from each subcircuit, except the 1st, 2nd,
and
13
3rd
, and 4th
subcircuits which shall have 2 resident judges
14
each; provided that the first vacancy shall be allotted to the
15
12th subcircuit, that the second vacancy shall be allotted to
16
the 3rd subcircuit, that the third vacancy shall be allotted
17
to the 4th subcircuit, that the fourth vacancy shall be
18
allotted to the 2nd subcircuit, that the fifth vacancy shall
19
be allotted to the 1st subcircuit, and the sixth vacancy shall
20
be allotted to the 3rd subcircuit. Following these allotments,
21
judicial vacancies shall be allotted in numerical order
22
starting with the 5th subcircuit. No resident judge of the
23
19th circuit serving on January 7, 2022 shall be required to
24
change his or her residency in order to continue serving in
25
office or to seek retention in office as resident judgeships
26
are allotted by the Supreme Court in accordance with this
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
Section.
2
(c-5) If 2 or more judgeships in the same subcircuit are to
3
be filled at the same election under this Section, the State
4
Board of Elections shall designate those vacancies
5
alphabetically.
6
(d) A resident judge elected from a subcircuit shall
7
continue to reside in that subcircuit as long as he or she
8
holds that office. A resident judge elected from a subcircuit
9
after January 1, 2008, must retain residency as a registered
10
voter in the subcircuit to run for retention from the circuit
11
at-large thereafter.
12
(e) Vacancies in resident judgeships of the 19th circuit
13
shall be filled in the manner provided in Article VI of the
14
Illinois Constitution.
15
(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21;
16
102-668, eff. 11-15-21; 102-693, eff. 1-7-22; 102-1126, eff.
17
2-10-23.)
18
(705 ILCS 35/2f-14)
19
Sec. 2f-14.
6th judicial circuit; resident judgeships.
20
(a) The at-large judgeships of the 6th judicial circuit
21
existing on January 7, 2022 shall be converted to resident
22
judgeships as provided in this subsection as those judgeships
23
are or become vacant.
When a vacancy occurs in an at-large
24
judgeship of the 6th judicial circuit, the at-large judgeship
25
shall be converted to a resident judgeship for either
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
Champaign County or Macon County, depending on which of those
2
2 counties the incumbent at-large circuit judge resided in
3
when the incumbent judge was elected.
The first 3 that become
4
vacant after January 7, 2022 (the effective date of Public Act
5
102-693) shall be converted to resident judgeships elected
6
from Champaign County. The remaining two at-large judgeships
7
that become vacant shall be converted to resident judgeships
8
elected from Macon County.
Thereafter, persons elected to
9
those resident judgeships shall be residents of the county
10
which elects them.
11
(b) It is the intent of the General Assembly not to create
12
any additional judgeships in the 6th judicial circuit by
13
Public Act 102-693 and this amendatory Act of the 102nd
14
General Assembly. Notwithstanding any other provision of law
15
to the contrary, the conversion of at-large judgeships to
16
resident judgeships under subsection (a) of this Section shall
17
not entitle the 6th judicial circuit to any additional circuit
18
judgeships elected at-large.
19
(Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
20
Section 10.
The Associate Judges Act is amended by adding
21
Section 2.6 as follows:
22
(705 ILCS 45/2.6 new)
23
Sec. 2.6.
Additional associate judge; 7th circuit.
In
24
addition to the number of associate judges authorized under
SB2784 Enrolled
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LRB104 16465 JRC 29858 b
1
Sections 2 and 2.1, there shall be one additional associate
2
judge appointed in the 7th circuit.
3
Section 99.
Effective date.
This Act takes effect upon
4
becoming law.
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