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1 | + | SB76INTRODUCED | |
2 | 2 | Page 0 | |
3 | 3 | SB76 | |
4 | - | 7D1YEVV- | |
4 | + | 7D1YEVV-1 | |
5 | 5 | By Senators Weaver, Chambliss | |
6 | 6 | RFD: Judiciary | |
7 | 7 | First Read: 04-Feb-25 | |
8 | 8 | 1 | |
9 | 9 | 2 | |
10 | 10 | 3 | |
11 | 11 | 4 | |
12 | - | 5 | |
12 | + | 5 7D1YEVV-1 02/04/2025 GP (L)lg 2025-511 | |
13 | 13 | Page 1 | |
14 | 14 | 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. | |
15 | 26 | A BILL | |
16 | 27 | TO BE ENTITLED | |
17 | 28 | AN ACT | |
18 | 29 | Relating to juries; to amend Section 12-16-63, Code of | |
19 | 30 | Alabama 1975; to provide an exemption from jury service for | |
20 | 31 | nursing mothers. | |
21 | 32 | 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 | |
25 | 34 | amended to read as follows: | |
26 | 35 | "ยง12-16-63 | |
27 | 36 | (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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65 | - | 28 SB76 | |
64 | + | 28 SB76 INTRODUCED | |
66 | 65 | Page 2 | |
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 | |
67 | 76 | extreme physical or financial hardship , a. | |
68 | 77 | (2) The prospective juror has a mental or physical | |
69 | 78 | condition that incapacitates the person, or him or her. | |
70 | 79 | (3) The prospective juror is a nursing mother at the | |
71 | 80 | time she receives a summons. | |
72 | 81 | (4) The prospective juror should be excused for reasons | |
73 | 82 | of public necessity , for a period of up to 24 months, at the | |
74 | 83 | conclusion of which the person may be directed to reappear for | |
75 | 84 | jury service in accordance with the court's direction . | |
76 | 85 | (c)(1) A person An individual asking to be excused | |
77 | 86 | based on undue or extreme physical or financial hardship shall | |
78 | 87 | take all actions necessary to have obtained a ruling on that | |
79 | 88 | request by no later than the date on which the individual is | |
80 | 89 | scheduled to appear for jury duty . Documentation of such | |
81 | 90 | hardship shall be provided to the court upon request . Upon the | |
82 | 91 | request of the court, the individual seeking to be excused | |
83 | 92 | must provide documentation of the hardship. | |
84 | 93 | (2) For purposes of this article section, undue or | |
85 | 94 | 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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123 | - | 56 SB76 | |
122 | + | 56 SB76 INTRODUCED | |
124 | 123 | Page 3 | |
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 | |
125 | 134 | principal means of support. | |
126 | 135 | c. Suffer physical hardship that would result in | |
127 | 136 | illness or disease. | |
128 | 137 | (3) Undue or extreme physical or financial hardship | |
129 | 138 | does not exist solely based on the fact that a prospective | |
130 | 139 | juror will be required to be absent from his or her place of | |
131 | 140 | employment. | |
132 | 141 | (d) An individual asking to be excused under | |
133 | 142 | 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. | |
135 | 148 | (e)(1) A prospective juror excused pursuant to this | |
136 | 149 | section shall be exempt from jury service for a period of 24 | |
137 | 150 | months. | |
138 | 151 | (2) At the conclusion of the 24-month period, the | |
139 | 152 | 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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167 | - | 77 SB76 Engrossed | |
168 | - | Page 4 | |
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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180 | + | 84 SB76 INTRODUCED | |
181 | + | Page 4 | |
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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