Alabama 2025 Regular Session

Alabama Senate Bill SB76 Compare Versions

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33 SB76
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55 By Senators Weaver, Chambliss
66 RFD: Judiciary
77 First Read: 04-Feb-25
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12-5 SB76 Engrossed
12+5 7D1YEVV-1 02/04/2025 GP (L)lg 2025-511
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1414 First Read: 04-Feb-25
15+SYNOPSIS:
16+Under existing law, individuals may be excused
17+from jury duty for limited reasons including extreme
18+physical or financial hardship, incapacity, or public
19+necessity.
20+This bill would provide that a nursing mother
21+may be excused from service as a juror.
22+This bill would also require a nursing mother
23+seeking excusal from jury service to provide the court
24+with certification from a health care professional that
25+she is nursing.
1526 A BILL
1627 TO BE ENTITLED
1728 AN ACT
1829 Relating to juries; to amend Section 12-16-63, Code of
1930 Alabama 1975; to provide an exemption from jury service for
2031 nursing mothers.
2132 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22-Section 1. This act shall be known and may be cited as
23-Parker's Law.
24-Section 2. Section 12-16-63, Code of Alabama 1975, is
33+Section 1. Section 12-16-63, Code of Alabama 1975, is
2534 amended to read as follows:
2635 "ยง12-16-63
2736 (a) The court, upon Upon the request of a prospective
28-juror pursuant to this section, the court shall determine, on
29-the basis of information provided during an interview with the
30-prospective juror or based on other competent evidence ,
31-whether the prospective juror should be excused from jury
32-service.
33-(b) A person An individual who is not disqualified for
34-jury service may apply to be excused from jury service by the
35-court only upon a showing of undue one of the following:
36-(1) That serving on a jury would result in undue or
37-extreme physical or financial hardship , a.
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66+(a) The court, upon Upon the request of a prospective
67+juror pursuant to this section, the court shall determine, on
68+the basis of information provided during an interview with the
69+prospective juror or based on other competent evidence ,
70+whether the prospective juror should be excused from jury
71+service.
72+(b) A person An individual who is not disqualified for
73+jury service may apply to be excused from jury service by the
74+court only upon a showing of undue one of the following:
75+(1) That serving on a jury would result in undue or
6776 extreme physical or financial hardship , a.
6877 (2) The prospective juror has a mental or physical
6978 condition that incapacitates the person, or him or her.
7079 (3) The prospective juror is a nursing mother at the
7180 time she receives a summons.
7281 (4) The prospective juror should be excused for reasons
7382 of public necessity , for a period of up to 24 months, at the
7483 conclusion of which the person may be directed to reappear for
7584 jury service in accordance with the court's direction .
7685 (c)(1) A person An individual asking to be excused
7786 based on undue or extreme physical or financial hardship shall
7887 take all actions necessary to have obtained a ruling on that
7988 request by no later than the date on which the individual is
8089 scheduled to appear for jury duty . Documentation of such
8190 hardship shall be provided to the court upon request . Upon the
8291 request of the court, the individual seeking to be excused
8392 must provide documentation of the hardship.
8493 (2) For purposes of this article section, undue or
8594 extreme physical or financial hardship is limited to any of
86-the following circumstances in which an individual would:
87-a. Be required to abandon a person an individual under
88-his or her personal care or supervision due to the
89-impossibility of obtaining an appropriate substitute caregiver
90-during the period of participation in the jury pool or on the
91-jury.
92-b. Incur costs that would have a substantial adverse
93-impact on the payment of the individual's necessary daily
94-living expenses or on those for whom he or she provides the
95-principal means of support.
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124+extreme physical or financial hardship is limited to any of
125+the following circumstances in which an individual would:
126+a. Be required to abandon a person an individual under
127+his or her personal care or supervision due to the
128+impossibility of obtaining an appropriate substitute caregiver
129+during the period of participation in the jury pool or on the
130+jury.
131+b. Incur costs that would have a substantial adverse
132+impact on the payment of the individual's necessary daily
133+living expenses or on those for whom he or she provides the
125134 principal means of support.
126135 c. Suffer physical hardship that would result in
127136 illness or disease.
128137 (3) Undue or extreme physical or financial hardship
129138 does not exist solely based on the fact that a prospective
130139 juror will be required to be absent from his or her place of
131140 employment.
132141 (d) An individual asking to be excused under
133142 subdivision (b)(3) shall provide to the court a written
134-statement that she is a nursing mother.
143+statement from a health care professional certifying that she
144+is a nursing mother. For the purposes of this section,
145+appropriate health care professionals include, but are not
146+limited to, a physician, lactation consultant, certified nurse
147+midwife, or pediatrician.
135148 (e)(1) A prospective juror excused pursuant to this
136149 section shall be exempt from jury service for a period of 24
137150 months.
138151 (2) At the conclusion of the 24-month period, the
139152 individual may be directed to reappear for jury service at the
140-court's direction.
141-(f)(c) The excusal of a person an individual from jury
142-service pursuant to subsection (b) shall this section may not
143-affect the person's his or her right to one automatic
144-postponement under Section 12-16-63.1."
145-Section 3. This act shall become effective on October
146-1, 2025.
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169-1, 2025.
170-Senate
171-Read for the first time and referred
172-to the Senate committee on Judiciary
173-................04-Feb-25
174-Read for the second time and placed
175-on the calendar:
176- 1 amendment
177-................12-Feb-25
178-Read for the third time and passed
179-as amended
180-Yeas 31
181-Nays 0
182-Abstains 0
183-................18-Feb-25
184-Patrick Harris,
185-Secretary.
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182+individual may be directed to reappear for jury service at the
183+court's direction.
184+(f)(c) The excusal of a person an individual from jury
185+service pursuant to subsection (b) shall this section may not
186+affect the person's his or her right to one automatic
187+postponement under Section 12-16-63.1."
188+Section 2. This act shall become effective on October
189+1, 2025.
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