HB 4844

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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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		HB4844 Enrolled		LRB104 17822 JRC 31256 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 Jury Act is amended by changing Section 4.1
5as 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
8off.
9    (a) Any person who is not legally disqualified to serve on
10juries, and has been duly summoned for jury duty for either
11petit or grand jury service, shall be given time off from
12employment to serve upon the jury for which such employee is
13summoned, regardless of the employment shift such employee is
14assigned to at the time of service of such summons. An employee
15shall give his employer reasonable notice of required jury
16service. An employer may not deny an employee time off for jury
17duty because such employee is then assigned to work a night
18shift of employment, that is, an employer cannot require a
19night shift worker to work while such employee is doing jury
20duty in the daytime.
21    (b) No employer shall discharge, threaten to discharge,
22intimidate or coerce any employee by reason of the employee's
23jury service, or the attendance or scheduled attendance in
		HB4844 Enrolled	- 2 -	LRB104 17822 JRC 31256 b
1connection with such service, in any court of this State.
2    (c) If an employee gives reasonable notice of required
3jury service, any employer who violates the provisions of this
4Section:
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
16jury service" means that the employee summoned for jury duty
17must deliver to the employer a copy of the summons within 10
18days of the date of issuance of the summons to the employee.
19    (d) Any individual who is reinstated to a position of
20employment in accordance with this Section shall be considered
21as having been on furlough or leave of absence during his
22period of jury service, shall be reinstated to his position of
23employment without loss of seniority, and shall be entitled to
24participate in insurance or other benefits offered by the
25employer under established rules and practices relating to
26employees on furlough or leave of absence in effect with the
		HB4844 Enrolled	- 3 -	LRB104 17822 JRC 31256 b
1employer at the time the individual entered upon jury service.
2    (e) In any action or proceeding under this Section, the
3court may award a prevailing employee who brings the action by
4retained counsel a reasonable attorney's fee.
5    (f) Any right or remedy provided in this Section is in
6addition to any right or remedy otherwise provided by law to an
7employee.
8    (g) Employers shall be required to compensate an employee 
9at 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 
12do not apply to employers with 25 or fewer employees.
13    (h) The official responsible for issuing the summons may
14advise the juror of his rights under this Act by printed insert
15with 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
18Section 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
21off. (a) Any person who is not legally disqualified to serve on
22juries, and has been duly summoned for jury duty for either
23petit or grand jury service, shall be given time off from
24employment to serve upon the jury for which such employee is
		HB4844 Enrolled	- 4 -	LRB104 17822 JRC 31256 b
1summoned, regardless of the employment shift such employee is
2assigned to at the time of service of such summons. An employee
3shall give his employer reasonable notice of required jury
4service. An employer may not deny an employee time off for jury
5duty because such employee is then assigned to work a night
6shift of employment, that is, an employer cannot require a
7night shift worker to work while such employee is doing jury
8duty in the daytime.
9    (b) No employer shall discharge, threaten to discharge,
10intimidate or coerce any employee by reason of the employee's
11jury service, or the attendance or scheduled attendance in
12connection with such service, in any court of this State.
13    (c) If an employee gives reasonable notice of required
14jury service, any employer who violates the provisions of this
15Section:
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
1jury service" means that the employee summoned for jury duty
2must deliver to the employer a copy of the summons within 10
3days of the date of issuance of the summons to the employee.
4    (d) Any individual who is reinstated to a position of
5employment in accordance with this Section shall be considered
6as having been on furlough or leave of absence during his
7period of jury service, shall be reinstated to his position of
8employment without loss of seniority, and shall be entitled to
9participate in insurance or other benefits offered by the
10employer under established rules and practices relating to
11employees on furlough or leave of absence in effect with the
12employer at the time the individual entered upon jury service.
13    (e) In any action or proceeding under this Section, the
14court may award a prevailing employee who brings the action by
15retained counsel a reasonable attorney's fee.
16    (f) Any right or remedy provided in this Section is in
17addition to any right or remedy otherwise provided by law to an
18employee.
19    (g) Employers are required to compensate employees at the 
20employee's regular rate of pay for time that the employee 
21served on jury duty [No employer shall be obligated to ]
22[compensate an employee for time taken off for jury duty]. The 
23requirements of this subsection do not apply to employers with 
2425 or fewer employees.
25    (h) The official responsible for issuing the summons may
26advise the juror of his rights under this Act by printed insert
		HB4844 Enrolled	- 6 -	LRB104 17822 JRC 31256 b
1with the summons or on the summons itself.
2(Source: P.A. 86-1395; 87-616.)