Alabama 2025 Regular Session

Alabama House Bill HB209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB209ENGROSSED~~
	1	+	HB209INTRODUCED
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3	3		HB209
4		-	~~XD8MHEZ-2~~
	4	+	4TJVR3R-1
5	5		By Representatives DuBose, Rafferty, Hulsey, Shaver, Shirey,
6	6		Wilcox, Wood (D), Lands, Fidler
7	7		RFD: Judiciary
8	8		First Read: 06-Feb-25
9	9		1
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12	12		4
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14		-	6 ~~HB209 Engrossed~~
	14	+	6 4TJVR3R-1 02/03/2025 GP (L)lg 2025-163
15	15		Page 1
16	16		First Read: 06-Feb-25
	17	+	SYNOPSIS:
	18	+	Under existing law, individuals may be excused
	19	+	from jury duty for limited reasons including extreme
	20	+	physical or financial hardship, incapacity, or public
	21	+	necessity.
	22	+	This bill would provide that a nursing mother
	23	+	may be excused from service as a juror.
	24	+	This bill would also require a nursing mother
	25	+	seeking excusal from jury service to provide the court
	26	+	with certification from a health care professional that
	27	+	she is nursing.
17	28		A BILL
18	29		TO BE ENTITLED
19	30		AN ACT
20	31		Relating to juries; to amend Section 12-16-63, Code of
21	32		Alabama 1975; to provide an exemption from jury service for
22	33		nursing mothers.
23	34		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24		-	Section 1. This act shall known and may be cited as
25		-	Parker's Law.
26		-	Section 2. Section 12-16-63, Code of Alabama 1975, is
	35	+	Section 1. Section 12-16-63, Code of Alabama 1975, is
27	36		amended to read as follows:
28	37		"§12-16-63
29	38		(a) The court, upon Upon the request of a prospective
30		-	juror pursuant to this section, the court shall determine, on
31		-	the basis of information provided during an interview with the
32		-	prospective juror or based on other competent evidence ,
33		-	whether the prospective juror should be excused from jury
34		-	service.
35		-	(b) A person An individual who is not disqualified for
36		-	jury service may apply to be excused from jury service by the
37		-	court only upon a showing of undue one of the following:
38		-	(1) That serving on a jury would result in undue or
39		-	extreme physical or financial hardship , a.
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67		-	28 HB209 ~~Engrossed~~
	66	+	28 HB209 INTRODUCED
68	67		Page 2
	68	+	(a) The court, upon Upon the request of a prospective
	69	+	juror pursuant to this section, the court shall determine, on
	70	+	the basis of information provided during an interview with the
	71	+	prospective juror or based on other competent evidence ,
	72	+	whether the prospective juror should be excused from jury
	73	+	service.
	74	+	(b) A person An individual who is not disqualified for
	75	+	jury service may apply to be excused from jury service by the
	76	+	court only upon a showing of undue one of the following:
	77	+	(1) That serving on a jury would result in undue or
69	78		extreme physical or financial hardship , a.
70	79		(2) The prospective juror has a mental or physical
71	80		condition that incapacitates the person, or him or her.
72	81		(3) The prospective juror is a nursing mother at the
73	82		time she receives a summons.
74	83		(4) The prospective juror should be excused for reasons
75	84		of public necessity , for a period of up to 24 months, at the
76	85		conclusion of which the person may be directed to reappear for
77	86		jury service in accordance with the court's direction .
78	87		(c)(1) A person An individual asking to be excused
79	88		based on undue or extreme physical or financial hardship shall
80	89		take all actions necessary to have obtained a ruling on that
81	90		request by no later than the date on which the individual is
82	91		scheduled to appear for jury duty . Documentation of such
83	92		hardship shall be provided to the court upon request . Upon the
84	93		request of the court, the individual seeking to be excused
85	94		must provide documentation of the hardship.
86	95		(2) For purposes of this article section, undue or
87	96		extreme physical or financial hardship is limited to any of
88		-	the following circumstances in which an individual would:
89		-	a. Be required to abandon a person an individual under
90		-	his or her personal care or supervision due to the
91		-	impossibility of obtaining an appropriate substitute caregiver
92		-	during the period of participation in the jury pool or on the
93		-	jury.
94		-	b. Incur costs that would have a substantial adverse
95		-	impact on the payment of the individual's necessary daily
96		-	living expenses or on those for whom he or she provides the
97		-	principal means of support.
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125		-	56 HB209 ~~Engrossed~~
	124	+	56 HB209 INTRODUCED
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	126	+	extreme physical or financial hardship is limited to any of
	127	+	the following circumstances in which an individual would:
	128	+	a. Be required to abandon a person an individual under
	129	+	his or her personal care or supervision due to the
	130	+	impossibility of obtaining an appropriate substitute caregiver
	131	+	during the period of participation in the jury pool or on the
	132	+	jury.
	133	+	b. Incur costs that would have a substantial adverse
	134	+	impact on the payment of the individual's necessary daily
	135	+	living expenses or on those for whom he or she provides the
127	136		principal means of support.
128	137		c. Suffer physical hardship that would result in
129	138		illness or disease.
130	139		(3) Undue or extreme physical or financial hardship
131	140		does not exist solely based on the fact that a prospective
132	141		juror will be required to be absent from his or her place of
133	142		employment.
134	143		(d) An individual asking to be excused under
135		-	subdivision (b)(3) shall provide to the court: (i) a written
136		-	statement that she is a nursing mother; and (ii) a certificate
137		-	of birth or other government document or medical record
138		-	certifying the birth of the child she is nursing.
	144	+	subdivision (b)(3) shall provide to the court a written
	145	+	statement from a health care professional certifying that she
	146	+	is a nursing mother. For the purposes of this section,
	147	+	appropriate health care professionals include, but are not
	148	+	limited to, a physician, lactation consultant, certified nurse
	149	+	midwife, or pediatrician.
139	150		(e)(1) A prospective juror excused pursuant to this
140	151		section shall be exempt from jury service for a period of 24
141	152		months.
142	153		(2) At the conclusion of the 24-month period, the
143	154		individual may be directed to reappear for jury service at the
144		-	court's direction.
145		-	(f)(c) The excusal of a person an individual from jury
146		-	service pursuant to subsection (b) shall this section may not
147		-	affect the person's his or her right to one automatic
148		-	postponement under Section 12-16-63.1."
149		-	Section 3. This act shall become effective on October
150		-	1, 2025.
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173		-	79 HB209 Engrossed
174		-	Page 4
175		-	1, 2025.
176		-	House of Representatives
177		-	Read for the first time and referred
178		-	to the House of Representatives
179		-	committee on Judiciary
180		-	................06-Feb-25
181		-	Read for the second time and placed
182		-	on the calendar:
183		-	1 amendment
184		-	................20-Feb-25
185		-	Read for the third time and passed
186		-	as amended
187		-	Yeas 103
188		-	Nays 0
189		-	Abstains 0
190		-	................04-Mar-25
191		-	John Treadwell
192		-	Clerk
	177	+	79
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	182	+	84 HB209 INTRODUCED
	183	+	Page 4
	184	+	individual may be directed to reappear for jury service at the
	185	+	court's direction.
	186	+	(f)(c) The excusal of a person an individual from jury
	187	+	service pursuant to subsection (b) shall this section may not
	188	+	affect the person's his or her right to one automatic
	189	+	postponement under Section 12-16-63.1."
	190	+	Section 2. This act shall become effective on October
	191	+	1, 2025.
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