SB 2784

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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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		SB2784 Enrolled		LRB104 16465 JRC 29858 b
1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Circuit Courts Act is amended by changing
5Sections 2f-2 and 2f-14 as follows:
6    (705 ILCS 35/2f-2)
7    Sec. 2f-2. 19th judicial circuit; subcircuits; additional
8judges.
9    (a) Prior to December 5, 2022, the 19th circuit shall be
10divided into 6 subcircuits. The subcircuits shall be compact,
11contiguous, and substantially equal in population. The General
12Assembly by law shall create the subcircuits, using population
13data as determined by the 2000 federal census, and shall
14determine a numerical order for the 6 subcircuits. That
15numerical order shall be the basis for the order in which
16resident judgeships are assigned to the subcircuits. The 6
17resident judgeships to be assigned that are not added by or
18converted from at-large judgeships as provided in this
19amendatory Act of the 96th General Assembly shall be assigned
20to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that
21order. The 6 resident judgeships to be assigned that are added
22by or converted from at-large judgeships as provided in this
23amendatory Act of the 96th General Assembly shall be assigned
		SB2784 Enrolled	- 2 -	LRB104 16465 JRC 29858 b
1to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that
2order. Once a resident judgeship is assigned to a subcircuit,
3it shall continue to be assigned to that subcircuit for all
4purposes; provided that a resident judge elected from a
5subcircuit seeking retention shall run for retention at large
6in the circuit in accordance with Article VI, Section 12(d) of
7the Illinois Constitution.
8    (a-3) On and after December 5, 2022, the 19th circuit is
9divided into 12 subcircuits. Beginning in 2031, the General
10Assembly shall, in the year following each federal decennial
11census, redraw the boundaries of the subcircuits to reflect
12the results of the most recent federal decennial census. The
13subcircuits shall be compact, contiguous, and substantially
14equal in population. Once a judgeship is assigned to a
15subcircuit or an at-large judgeship is converted to a resident
16judgeship and assigned to a subcircuit, it shall be assigned
17to that subcircuit for all purposes; provided that a resident
18judge elected from a subcircuit seeking retention shall run
19for retention at large in the circuit in accordance with
20Article VI, Section 12(d) of the Illinois Constitution. Any
21vacancy in a resident judgeship existing on or occurring after
22the effective date of a law redrawing the boundaries of the
23subcircuits shall be filled by election by a resident of the
24redrawn subcircuit. When a vacancy occurs in a resident
25judgeship, the resident judgeship shall be allotted by the
26Supreme Court under subsection (c) and filled by election.
		SB2784 Enrolled	- 3 -	LRB104 16465 JRC 29858 b
1    (a-5) Of the at-large judgeships of the 19th judicial
2circuit, the first 3 that are or become vacant on or after the
3effective date of this amendatory Act of the 96th General
4Assembly shall become resident judgeships of the 19th judicial
5circuit to be allotted by the Supreme Court under subsection
6(c) and filled by election, except that the Supreme Court may
7fill those judgeships by appointment for any remainder of a
8vacated term until the resident judgeships are filled
9initially by election. As used in this subsection, a vacancy
10does not include the expiration of a term of an at-large judge
11who seeks retention in that office at the next term.
12    (a-10) The 19th judicial circuit shall have 3 additional
13resident judgeships to be allotted by the Supreme Court under
14subsection (c). One of the additional resident judgeships
15shall be filled by election beginning at the 2010 general
16election. Two of the additional resident judgeships shall be
17filled by election beginning at the 2012 general election.
18    (a-15) On and after January 7, 2022, each at-large
19judgeship of the 19th judicial circuit existing on January 7,
202022 shall be converted to a resident judgeship as it is or
21becomes vacant and shall be allotted by the Supreme Court
22according to subsection (c) of this Section. It is the intent
23of the General Assembly not to create any additional
24judgeships in the 19th judicial circuit by this amendatory Act
25of the 102nd General Assembly. Notwithstanding any other
26provision of law to the contrary, the conversion of at-large
		SB2784 Enrolled	- 4 -	LRB104 16465 JRC 29858 b
1judgeships to resident judgeships under this subsection shall
2not entitle the 19th judicial circuit to any additional
3circuit judgeships elected at-large.
4    (a-20) Any judgeship that became vacant after January 1,
52020 and on June 1, 2020 (the effective date of Public Act
6102-380) is held by an individual appointed by the Supreme
7Court also shall be filled by election at the 2022 general
8election.
9    (b) Prior to December 5, 2022, the 19th circuit shall have
10a total of 12 resident judgeships (6 resident judgeships
11existing on the effective date of this amendatory Act of the
1296th General Assembly, 3 formerly at-large judgeships as
13provided in subsection (a-5), and 3 resident judgeships added
14by subsection (a-10)). The number of resident judgeships
15allotted to subcircuits of the 19th judicial circuit pursuant
16to this Section shall constitute all the resident judgeships
17of the 19th judicial circuit.
18    (c) Prior to January 7, 2022 (the effective date of Public
19Act 102-693), the Supreme Court shall allot (i) all vacancies
20in resident judgeships of the 19th circuit existing on or
21occurring on or after the effective date of this amendatory
22Act of the 93rd General Assembly and not filled at the 2004
23general election, (ii) the resident judgeships of the 19th
24circuit filled at the 2004 general election as those
25judgeships thereafter become vacant, (iii) the 3 formerly
26at-large judgeships described in subsection (a-5) as they
		SB2784 Enrolled	- 5 -	LRB104 16465 JRC 29858 b
1become available, (iv) the 3 resident judgeships added by
2subsection (a-10), and (v) the additional resident judgeships
3provided for by subsection (a-3), for election from the
4various subcircuits until there are 2 resident judges to be
5elected from each subcircuit. On and after January 7, 2022,
6the Supreme Court shall allot all vacancies in the 16 [15]
7resident judgeships of the 19th circuit (the 13 [12] resident
8judgeships [existing on January 7, 2022] and [the] 3 formerly
9at-large judgeships converted under subsection (a-15)) for
10election from the various subcircuits created by Public Act
11102-693 in numerical order until there is one resident judge
12to be elected from each subcircuit, except the 1st, 2nd, [and]
133rd, and 4th subcircuits which shall have 2 resident judges
14each; provided that the first vacancy shall be allotted to the
1512th subcircuit, that the second vacancy shall be allotted to
16the 3rd subcircuit, that the third vacancy shall be allotted
17to the 4th subcircuit, that the fourth vacancy shall be
18allotted to the 2nd subcircuit, that the fifth vacancy shall
19be allotted to the 1st subcircuit, and the sixth vacancy shall
20be allotted to the 3rd subcircuit. Following these allotments,
21judicial vacancies shall be allotted in numerical order
22starting with the 5th subcircuit. No resident judge of the
2319th circuit serving on January 7, 2022 shall be required to
24change his or her residency in order to continue serving in
25office or to seek retention in office as resident judgeships
26are allotted by the Supreme Court in accordance with this
		SB2784 Enrolled	- 6 -	LRB104 16465 JRC 29858 b
1Section.
2    (c-5) If 2 or more judgeships in the same subcircuit are to
3be filled at the same election under this Section, the State
4Board of Elections shall designate those vacancies
5alphabetically.
6    (d) A resident judge elected from a subcircuit shall
7continue to reside in that subcircuit as long as he or she
8holds that office. A resident judge elected from a subcircuit
9after January 1, 2008, must retain residency as a registered
10voter in the subcircuit to run for retention from the circuit
11at-large thereafter.
12    (e) Vacancies in resident judgeships of the 19th circuit
13shall be filled in the manner provided in Article VI of the
14Illinois Constitution.
15(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21;
16102-668, eff. 11-15-21; 102-693, eff. 1-7-22; 102-1126, eff.
172-10-23.)
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
21existing on January 7, 2022 shall be converted to resident
22judgeships as provided in this subsection as those judgeships
23are or become vacant. When a vacancy occurs in an at-large 
24judgeship of the 6th judicial circuit, the at-large judgeship 
25shall be converted to a resident judgeship for either 
		SB2784 Enrolled	- 7 -	LRB104 16465 JRC 29858 b
1Champaign County or Macon County, depending on which of those 
22 counties the incumbent at-large circuit judge resided in 
3when 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
9those resident judgeships shall be residents of the county
10which elects them.
11    (b) It is the intent of the General Assembly not to create
12any additional judgeships in the 6th judicial circuit by
13Public Act 102-693 and this amendatory Act of the 102nd
14General Assembly. Notwithstanding any other provision of law
15to the contrary, the conversion of at-large judgeships to
16resident judgeships under subsection (a) of this Section shall
17not entitle the 6th judicial circuit to any additional circuit
18judgeships 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
21Section 2.6 as follows:
22    (705 ILCS 45/2.6 new)
23    Sec. 2.6. Additional associate judge; 7th circuit. In 
24addition to the number of associate judges authorized under 
		SB2784 Enrolled	- 8 -	LRB104 16465 JRC 29858 b
1Sections 2 and 2.1, there shall be one additional associate 
2judge appointed in the 7th circuit.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.