SB76INTRODUCED
Page 0
SB76
7D1YEVV-1
By Senators Weaver, Chambliss
RFD: Judiciary
First Read: 04-Feb-25
1
2
3
4
5 7D1YEVV-1 02/04/2025 GP (L)lg 2025-511
Page 1
First Read: 04-Feb-25
SYNOPSIS:
Under existing law, individuals may be excused
from jury duty for limited reasons including extreme
physical or financial hardship, incapacity, or public
necessity.
This bill would provide that a nursing mother
may be excused from service as a juror.
This bill would also require a nursing mother
seeking excusal from jury service to provide the court
with certification from a health care professional that
she is nursing.
A BILL
TO BE ENTITLED
AN ACT
Relating to juries; to amend Section 12-16-63, Code of
Alabama 1975; to provide an exemption from jury service for
nursing mothers.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-16-63, Code of Alabama 1975, is
amended to read as follows:
"ยง12-16-63
(a) The court, upon Upon the request of a prospective
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB76 INTRODUCED
Page 2
(a) The court, upon Upon the request of a prospective
juror pursuant to this section, the court shall determine, on
the basis of information provided during an interview with the
prospective juror or based on other competent evidence ,
whether the prospective juror should be excused from jury
service.
(b) A person An individual who is not disqualified for
jury service may apply to be excused from jury service by the
court only upon a showing of undue one of the following:
(1) That serving on a jury would result in undue or
extreme physical or financial hardship , a.
(2) The prospective juror has a mental or physical
condition that incapacitates the person, or him or her.
(3) The prospective juror is a nursing mother at the
time she receives a summons.
(4) The prospective juror should be excused for reasons
of public necessity , for a period of up to 24 months, at the
conclusion of which the person may be directed to reappear for
jury service in accordance with the court's direction .
(c)(1) A person An individual asking to be excused
based on undue or extreme physical or financial hardship shall
take all actions necessary to have obtained a ruling on that
request by no later than the date on which the individual is
scheduled to appear for jury duty . Documentation of such
hardship shall be provided to the court upon request . Upon the
request of the court, the individual seeking to be excused
must provide documentation of the hardship.
(2) For purposes of this article section, undue or
extreme physical or financial hardship is limited to any of
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB76 INTRODUCED
Page 3
extreme physical or financial hardship is limited to any of
the following circumstances in which an individual would:
a. Be required to abandon a person an individual under
his or her personal care or supervision due to the
impossibility of obtaining an appropriate substitute caregiver
during the period of participation in the jury pool or on the
jury.
b. Incur costs that would have a substantial adverse
impact on the payment of the individual's necessary daily
living expenses or on those for whom he or she provides the
principal means of support.
c. Suffer physical hardship that would result in
illness or disease.
(3) Undue or extreme physical or financial hardship
does not exist solely based on the fact that a prospective
juror will be required to be absent from his or her place of
employment.
(d) An individual asking to be excused under
subdivision (b)(3) shall provide to the court a written
statement from a health care professional certifying that she
is a nursing mother. For the purposes of this section,
appropriate health care professionals include, but are not
limited to, a physician, lactation consultant, certified nurse
midwife, or pediatrician.
(e)(1) A prospective juror excused pursuant to this
section shall be exempt from jury service for a period of 24
months.
(2) At the conclusion of the 24-month period, the
individual may be directed to reappear for jury service at the
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB76 INTRODUCED
Page 4
individual may be directed to reappear for jury service at the
court's direction.
(f)(c) The excusal of a person an individual from jury
service pursuant to subsection (b) shall this section may not
affect the person's his or her right to one automatic
postponement under Section 12-16-63.1."
Section 2. This act shall become effective on October
1, 2025.
85
86
87
88
89
90
91