§ 93. — Illinois.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC93]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 93. Illinois
Illinois is divided into three judicial districts to be known as the
Northern, Central, and Southern Districts of Illinois.
Northern District
(a) The Northern District comprises two divisions.
(1) The Eastern Division comprises the counties of Cook, Du
Page, Grundy, Kane, Kendall, Lake, La Salle, and Will.
Court for the Eastern Division shall be held at Chicago and
Wheaton.
(2) The Western Division comprises the counties of Boone,
Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle,
Stephenson, Whiteside, and Winnebago.
Court for the Western Division shall be held at Freeport and
Rockford.
Central District
(b) The Central District comprises the counties of Adams, Brown,
Bureau, Cass, Champaign, Christian, Coles, De Witt,
Douglas, Edgar, Ford, Fulton, Greene, Hancock,
Henderson, Henry, Iroquois, Kankakee, Knox, Livingston,
Logan, McDonough, McLean, Macoupin, Macon, Marshall,
Mason, Menard, Mercer, Montgomery, Morgan, Moultrie,
Peoria, Piatt, Pike, Putnam, Rock Island, Sangamon,
Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion,
Warren, and Woodford.
Court for the Central District shall be held at Champaign/
Urbana, Danville, Peoria, Quincy, Rock Island, and
Springfield.
Southern District
(c) The Southern District comprises the counties of Alexander,
Bond, Calhoun, Clark, Clay, Clinton, Crawford,
Cumberland, Edwards, Effingham, Fayette, Franklin,
Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson,
Jersey, Johnson, Lawrence, Madison, Marion, Massac,
Monroe, Perry, Pope, Pulaski, Randolph, Richland, St.
Clair, Saline, Union, Wabash, Washington, Wayne, White,
and Williamson.
Court for the Southern District shall be held at Alton, Benton,
Cairo, and East Saint Louis.
(June 25, 1948, ch. 646, 62 Stat. 878; Aug. 10, 1950, ch. 675, Sec. 1,
64 Stat. 438; Pub. L. 87-36, Sec. 3(c), May 19, 1961, 75 Stat. 83; Pub.
L. 91-272, Sec. 8, June 2, 1970, 84 Stat. 297; Pub. L. 95-408,
Sec. 4(b)(1), Oct. 2, 1978, 92 Stat. 884; Pub. L. 95-573, Sec. 1, Nov.
2, 1978, 92 Stat. 2458; Pub. L. 98-620, title IV, Sec. 406(a), (c), Nov.
8, 1984, 98 Stat. 3361; Pub. L. 106-130, Sec. 2, Dec. 6, 1999, 113 Stat.
1677.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 152 (Mar. 3, 1911, ch.
231, Sec. 79, 36 Stat. 1110; Aug. 12, 1937, ch. 594, 50 Stat. 624; June
6, 1940, ch. 247, 54 Stat. 237).
Provisions relating to appointment of deputy marshals and
maintenance of offices by deputy marshals and deputy clerks were omitted
as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of
this title.
Changes in arrangement and phraseology were made.
Amendments
1999--Subsec. (a)(1). Pub. L. 106-130 inserted ``and Wheaton''
before period at end.
1984--Subsec. (a)(1). Pub. L. 98-620, Sec. 406(a)(1), struck out De
Kalb and McHenry from the counties comprising the Eastern Division of
the Northern District.
Subsec. (a)(2). Pub. L. 98-620, Sec. 406(a)(2), added De Kalb and
McHenry to the counties comprising the Western Division of the Northern
District.
Subsec. (b). Pub. L. 98-620, Sec. 406(c), provided for holding court
at Champaign/Urbana.
1978--Pub. L. 95-408 substituted in introductory provisions
``Northern, Central, and Southern Districts of Illinois'' for
``Northern, Southern, and Eastern Districts of Illinois''.
Subsec. (a)(1). Pub. L. 95-573, Sec. 1(1), struck out Kankakee from
the counties comprising the Eastern Division of the Northern District.
Pub. L. 95-408 added Kankakee to the counties comprising the Eastern
Division of the Northern District.
Subsec. (b). Pub. L. 95-573, Sec. 1(2), added Kankakee to the
counties comprising the Central District.
Pub. L. 95-408 substituted ``Central District'' for ``Southern
District'' in heading, struck out subsec. (b)(1) and (2) designations,
which divided Southern District into a Northern and Southern Division,
and in such newly created Central District, added counties of Champaign,
Coles, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, and
Vermilion to, and struck out counties of Bond, Calhoun, Jersey, and
Madison from, those counties comprising the new Central District, and
substituted provisions for holding of a term of Court for Central
District at Danville, Peoria, Quincy, Rock Island, and Springfield for
provisions for holding of a term of Court for Northern Division of the
former Southern District at Peoria and Rock Island and for Southern
Division of former Southern District at Alton, Quincy, and Springfield.
Subsec. (c). Pub. L. 95-408 substituted ``Southern District'' for
``Eastern District'' in heading, and in such Southern District added
counties of Bond, Calhoun, Jersey, and Madison to, and struck out
counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kankakee,
Moultrie, Piatt, Shelby and Vermilion from, those counties comprising
Southern District, and substituted provisions for holding of a term of
Court for Southern District at Alton, Benton, Cairo, and East Saint
Louis for provisions for holding of a term of Court for Eastern District
at Benton, Cairo, Danville, and East Saint Louis.
1970--Subsec. (a)(2). Pub. L. 91-272 provided for holding court at
Rockford.
1961--Subsec. (b)(2). Pub. L. 87-36 provided for holding court at
Alton.
1950--Subsec. (b)(1). Act Aug. 10, 1950, provided for holding court
at Rock Island.
Effective Date of 1984 Amendment
Section 406(b) of Pub. L. 98-620 provided that: ``The amendments
made by subsection (a) of this section [amending this section] shall
apply to any action commenced in the United States District Court for
the Northern District of Illinois on or after the effective date of this
subtitle [Jan. 1, 1985], and shall not affect any action pending in such
court on such effective date.''
Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on that date, see section
411 of Pub. L. 98-620, set out as a note under section 85 of this title.
Effective Date of 1978 Amendment
Section 6 of Pub. L. 95-573, as amended by Pub. L. 96-4, Sec. 2,
Mar. 30, 1979, 93 Stat. 7, provided that:
``(a) Except as provided in subsection (b) of this section, the
provisions of this Act [amending this section and sections 99, 112, and
118 of this title and enacting a provision set out as a note under
section 84 of this title] shall take effect 180 days after the date of
enactment of this Act [Nov. 2, 1978].
``(b)(1) The provisions of section 5 of this Act [set out as a note
under section 84 of this title] shall take effect on the date of
enactment of this Act [Nov. 2, 1978].
``(2) The provisions of the first section of this Act [amending this
section] shall take effect on March 31, 1979.
``(c) Nothing in this Act [amending this section and sections 99,
112, and 118 of this title and enacting provisions set out as a note
under section 84 of this title] shall affect the composition or preclude
the service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act.''
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95-408 effective 180 days after Oct. 2, 1978,
with such amendment not to affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act, see
section 5 of Pub. L. 95-408, set out as a note under section 89 of this
title.
District Judges, United States Attorneys, Assistant United States
Attorneys, and United States Marshals for Central and Southern
Districts; Designation; Tenure; Appointment; Grand Jury
Pub. L. 95-408, Sec. 4(b)(2)-(4), as added by Pub. L. 96-4, Sec. 1,
Mar. 30, 1979, 93 Stat. 6, provided that:
``(2) The district judge for the Eastern District of Illinois in
office on the effective date of this Act [180 days after Oct. 2, 1978]
who is senior in commission shall, on and after the effective date of
this Act, be a district judge for the Southern District of Illinois. The
remaining district judge for the Eastern District of Illinois who is in
office on the effective date of this Act and the district judges for the
Southern District of Illinois who are in office on the effective date of
this Act shall, on and after the effective date of this Act, be district
judges for the Central District of Illinois. The President shall
appoint, by and with the advice and consent of the Senate, a second
district judge for the Southern District of Illinois.
``(3) This section does not in any manner affect the tenure of the
United States attorney, the assistant United States attorneys, or the
United States marshal for the Eastern District of Illinois or for the
Southern District of Illinois who are in office on the effective date of
this Act [180 days after Oct. 2, 1978]. The United States attorney, the
assistant United States attorneys, and the United States marshal for the
Eastern District and for the Southern District of Illinois shall, on the
effective date of this Act, become the United States attorney, the
assistant United States attorneys, and the United States marshal for the
Southern District and for the Central District of Illinois,
respectively.
``(4) Notwithstanding section 3240 of title 18, United States Code,
any grand jury impaneled on or after the effective date of this Act [180
days after Oct. 2, 1978] by a district court for the Central District or
the Southern District of Illinois may inquire into and return
indictments charging offenses against the criminal laws of the United
States alleged to have been committed anywhere within the territory of
the respective judicial districts as such districts were constituted
before or after the effective date of this Act.''
