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IN THE SENATE
SENATE BILL NO. 1134
BY JUDICIARY AND RULES COMMITTEE
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AN ACT
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INFORMATION FROM THE SUPREME COURT, TO PROVIDE THAT THE SUPREME COURT
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SUPREME COURT MAY REQUEST CERTAIN INFORMATION; AMENDING SECTION 2-207,
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PROVISIONS REGARDING NAMES IN A JURY PANEL; AMENDING SECTION 2-212,
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REFERENCE; AND DECLARING AN EMERGENCY.
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amended to read as follows:
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MENTATION BY OTHER LISTS DESIGNATED BY SUPREME COURT -- LIST AVAILABLE TO
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COMMISSION -- OPEN TO PUBLIC INSPECTION. (1) The jury commission for each
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other lists of persons resident therein, such as lists of utility customers,
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property taxpayers, motor vehicle registrations, drivers' licenses, and
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state identification cards, which the supreme court from time to time desig-
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nates. The supreme court shall initially designate the other lists within
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ninety (90) days following the effective date of this act and exercise the
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authority to designate from time to time in order to foster the policy and
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alternative, and upon the consent of the supreme court, a jury commission may
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of its own.
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(2) The supreme court shall compile and maintain a master jury list con-
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sisting of the current voter registration for the state supplemented with
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names from other lists of persons designated under subsection (1) of this
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section. The master jury list compiled and maintained by the supreme court
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thorized to use the supreme court jury platform.
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and the supreme court shall avoid duplication of names.
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(34) Whoever has custody, possession, or control of any of the lists
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nated under subsection (1) of this section by the supreme court as supplemen-
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tary sources of names, shall electronically transfer the list, including any
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changes, deletions and additions, and at the request of the jury commission
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or the supreme court, the custodian shall prepare a hard copy of the list and
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make the custodian's records, from which the list was compiled, available
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for inspection, reproduction, and copying at all reasonable times.
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examination as provided by supreme court rule.
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amended to read as follows:
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information from the lists of voter registration, drivers' licenses, and
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including any changes, deletions and additions, shall be made to the master
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or as ordered by the administrative judge the supreme court, but at a minimum
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not less frequently than December of each odd-numbered year.
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(2) In the alternative, or in addition to the procedure set forth in
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subsection (1) of this section, and if ordered by the administrative judge,
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in December of each odd-numbered year, or more frequently as determined by
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the administrative judge jury commission or the supreme court, the master
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(3) Pursuant to the provisions of subsections (1) and (2) of this sec-
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tion, the supreme court shall determine the method and timing of updating the
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master jury list, and the jury commission shall determine the method and tim-
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amended to read as follows:
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CATION QUESTIONNAIRE FORMS FOR PROSPECTIVE JURORS -- MAILING AND RETURN --
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ORDER TO APPEAR -- CRIMINAL CONTEMPT -- PENALTY FOR MISREPRESENTATION. (1)
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to draw and assign to that court or official the number of qualified jurors
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deemed necessary for one (1) or more jury panels or as required by law for a
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grand jury. Upon receipt of the direction and in a manner prescribed by the
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court, the jury commission shall publicly draw at random, by use of a manual,
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of prospective jurors specified. Neither the names drawn nor the list shall
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be disclosed to any person except upon specific order of the presiding judge.
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(2) Each person on the prospective jury panel shall be served with a
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summons, issued by the clerk of the court or the jury commissioner. The sum-
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mons shall be served either personally, or by regular mail or certified mail,
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addressed to the prospective juror at that person's usual residence, busi-
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ness or post office address.
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(3) The clerk or the jury commissioner shall mail a qualification ques-
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tionnaire form, accompanied by instructions, addressed to the prospective
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jurors at their usual residence, business or post office address. The qual-
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ification questionnaire form may be sent together with the summons in a sin-
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gle mailing to a prospective juror. The qualification questionnaire form
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shall be in a form prescribed by the supreme court. The qualification ques-
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tionnaire form must be completed and returned to the clerk or the jury com-
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missioner within ten (10) days from the date of mailing. The qualification
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questionnaire form shall elicit the name, address of residence, and age of
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the prospective juror and whether the prospective juror: (a) is a citizen
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to read, speak and understand the English language,; (c) has any disabil-
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ity impairing his capacity to render satisfactory jury service,; and (d) has
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lost the right to serve on a jury because of a felony criminal conviction
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as provided by section 3, article VI, of the constitution of the state of
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questionnaire form shall contain the prospective juror's declaration that
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his responses are true to the best of his knowledge and his acknowledgment
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that a willful misrepresentation of a material fact may be punished as a mis-
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demeanor. Notarization of the completed qualification questionnaire form
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shall not be required. If the prospective juror is unable to complete the
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form, another person may do so on his or her behalf and shall indicate that
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such person has done so and the reason therefor. If it appears there is an
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omission, ambiguity, or error in a returned form, the clerk or the jury com-
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missioner shall again send the form with instructions to the prospective ju-
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ror to make the necessary addition, clarification, or correction and to re-
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turn the form to the jury commission within ten (10) days after its second
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mailing.
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(4) Any prospective juror who fails to return a completed qualifica-
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tion questionnaire form as instructed shall be directed by the jury commis-
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sion to appear forthwith before the clerk or the jury commissioner to com-
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plete the qualification questionnaire form. At the time of his appearance
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for jury service, or at the time of interview before the court, clerk, or the
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jury commissioner, any prospective juror may be required to complete another
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qualification questionnaire form in the presence of the court, clerk, or the
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jury commissioner, at which time the prospective juror may be questioned,
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but only with regard to his responses to questions contained on the form and
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grounds for his excuse or disqualification. Any information thus acquired
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by the court, clerk, or the jury commissioner shall be noted on the qualifi-
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cation questionnaire form.
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(5) A prospective juror who fails to appear as directed by the com-
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mission, pursuant to subsection (4) of this section, shall be ordered by
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the court to appear and show cause for his failure to appear as directed. A
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prospective juror who fails to appear pursuant to the court's order may be
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plicable rules of the supreme court, and the prospective juror's service may
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be postponed to a new prospective jury panel as set by the presiding judge.
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(6) Any person who willfully misrepresents a material fact on a quali-
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fication questionnaire form for the purpose of avoiding or securing service
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as a juror is guilty of a misdemeanor.
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(7) The contents of the juror qualification questionnaire form shall be
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(8) The clerk or the jury commissioner may provide an opportunity to a
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prospective juror to complete and return the qualification questionnaire
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form through electronic mail, facsimile transmission, or other reliable
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means of communication prior to mailing the qualification questionnaire
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form to the prospective juror. If the prospective juror completes and
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returns the qualification questionnaire form in such manner, the qualifica-
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tion questionnaire form need not be mailed to the prospective juror.
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amended to read as follows:
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2-210. NAMES PLACED IN PROSPECTIVE JURY PANEL -- SUMMONING ADDITIONAL
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TRIAL JURORS -- NAMES DRAWN TO BE PUBLIC -- EXCEPTION. (1) The jury commis-
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sion shall maintain a prospective jury panel and shall place therein the
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names or identifying numbers of all prospective jurors drawn from the master
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(2) If there is an unanticipated shortage of available trial jurors
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summon a sufficient number of trial jurors selected at random by the clerk
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with a summons and shall complete the qualification questionnaire form in
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amended to read as follows:
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GROUNDS FOR EXCUSING OR POSTPONING. (1) The court, or a member of the jury
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commission designated by the court, upon request of a prospective juror or
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on its own initiative, shall determine on the basis of information provided
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on the qualification questionnaire form or interview with the prospective
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juror or other competent evidence whether the prospective juror should be
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excused from jury service or have their jury service postponed. The clerk or
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the jury commissioner shall keep a record of this determination.
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(2) A person who is seventy (70) years of age or older shall be perma-
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nently excused if the person indicates on the qualification questionnaire
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form that he or she wishes to be excused. A person who requests to be excused
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ting a written request asking to be reinstated for jury service.
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(3) A person who is not disqualified for jury service under section
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commissioner only upon a showing of undue hardship, extreme inconvenience,
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or public necessity, or upon a showing that the juror is a mother breastfeed-
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ing her child.
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(a) Any person requesting a postponement shall provide a written state-
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ment setting forth the reason for the request and the anticipated date
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that the reason will no longer exist.
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(b) The court or the jury commissioner may require a person requesting a
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postponement for any medical reason to provide a statement from a medi-
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cal provider supporting the request.
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(c) The postponement, if granted, shall be for a period of time as the
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court or the jury commissioner deems necessary, at the conclusion of
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which the person shall reappear for jury service in accordance with the
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direction of the court or the jury commissioner.
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amended to read as follows:
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2-213. STAY OF PROCEEDINGS OR QUASHING INDICTMENT FOR IRREGULARITY IN
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SELECTING JURY -- EVIDENCE IN SUPPORT OF MOTION -- REMEDIES EXCLUSIVE -- CON-
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TENTS OF RECORDS NOT TO BE DISCLOSED. (1) Within seven (7) days after the mov-
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ing party discovered or by the exercise of diligence could have discovered
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the grounds therefor, and in any event before the trial jury is sworn to try
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the case, a party may move to stay the proceedings, and in a criminal case to
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quash the indictment, or for other appropriate relief, on the ground of sub-
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stantial failure to comply with this chapter in selecting the grand or trial
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jury.
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(2) Upon motion filed under subsection (1) of this section containing
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a sworn statement of facts which, if true, would constitute a substantial
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failure to comply with this chapter, the moving party is entitled to present
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in support of the motion the testimony of the jury commissioner or the clerk,
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any relevant records and papers not public or otherwise available used by
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the jury commissioner or the clerk, and any other relevant evidence. If the
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court determines that in selecting either a grand jury or a trial jury there
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has been a substantial failure to comply with this chapter, the court shall
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stay the proceedings pending the selection of the jury in conformity with
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this chapter, quash an indictment, or grant other appropriate relief.
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(3) The procedures prescribed by this section are the exclusive means
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by which a person accused of a crime, the state, or a party in a civil case may
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challenge a jury on the ground that the jury was not selected in conformity
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with this chapter.
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(4) The contents of any records or papers used by the jury commissioner
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or the clerk in connection with the selection process and not made public un-
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nection with the preparation or presentation of a motion under subsection
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(1) of this section. The parties in a case may inspect, reproduce, and copy
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the records or papers at all reasonable times during the preparation and pen-
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dency of a motion under subsection (1) of this section.
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SECTION 7. An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect on and after its
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passage and approval.