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HB 3359

PEREMPTORY CHALLENGES-JURORS

104th Regular Session Introduced by Diane Blair-Sherlock and 4 co-sponsors

Expands juror alternates to up to four and authorizes computer-based random draws, boosting pools and giving each side an extra peremptory challenge when alternates are used.

Public Act . . . . . . . . . 104-0298
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Bill Summary · HB 3359

Summary — HB 3359 (Public Act 104-0298)

Status: Enacted (Public Act 104-0298). Governor approved August 15, 2025. Effective date: January 1, 2026.

Purpose

HB 3359 amends Illinois jury-selection and civil-procedure statutes to (1) expand the number of petit jurors that may be drawn when alternate jurors are needed and (2) increase the number of alternate jurors a court may impanel. The changes are intended to give courts greater flexibility in empanelling alternate jurors and modernize selection procedures.

Key statutory changes

  • Amends the Jury Act (705 ILCS 305/20):

    • Continues the basic process of randomly drawing 12 names for a jury.
    • When alternate jurors are required, authorizes drawing from 14 up to and including 16 names (i.e., a regular 12-person jury plus up to 2–4 alternates depending on court practice).
    • Explicitly permits juror names to be randomly drawn by computer as an alternative to manual drawing.
    • Applies to actions commenced or pending on or after January 1, 2026.

  • Amends the Code of Civil Procedure (735 ILCS 5/2-1106):

    • Increases the permissible number of alternate jurors a court “may direct” to impanel — now “up to and including 4” alternates (previous statutory language referenced 1 or 2).
    • Confirms alternate jurors have the same qualifications, examination, challenges, oath, and duties as principal jurors; alternates replace jurors who become unable to serve prior to deliberations and are discharged if they do not replace a juror.
    • If alternate jurors are called, each side receives one additional peremptory challenge (the additional challenge may be used only against an alternate juror, but any unexercised peremptory challenges may also be used against an alternate).
    • Applies to actions commenced or pending on or after January 1, 2026.

Who is affected

  • Trial courts and court clerks (logistics of summoning and drawing larger juror pools; use of computer draws).
  • Attorneys and litigants (allocation and use of peremptory challenges; potential for more alternates).
  • Prospective jurors (more people may be summoned when alternates are authorized).

Potential impacts

  • Operational: Courts may summon and process more jurors when alternates are ordered, affecting staffing, scheduling, and costs.
  • Trial strategy: Increased availability of alternates and an additional peremptory challenge when alternates are called could affect selection strategy for litigants.
  • Modernization: Explicit authorization of computer-based random draws may streamline selection and improve recordkeeping.

Legislative history and sponsors

  • Introduced by Rep. Jennifer Gong-Gershowitz (filed Feb 7/18, 2025). Chief Senate sponsor Sen. Michael E. Hastings.
  • Passed both houses May 2025; sent to governor June 20, 2025; approved Aug 15, 2025.
  • Sponsors/co-sponsors include Josey Garcia, Jay Hoffman, Curtis J. Tarver II, Diane Blair-Sherlock, and others.

Statutes amended: 705 ILCS 305/20 and 735 ILCS 5/2-1106. Effective January 1, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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