| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0097* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 97 | |
| 11 | 8 | D1 3lr1003 | |
| 12 | - | SB 30/22 – JPR (PRE–FILED) CF | |
| 9 | + | SB 30/22 – JPR (PRE–FILED) CF 3lr1162 | |
| 13 | 10 | By: Senator Carter | |
| 14 | 11 | Requested: November 20, 2022 | |
| 15 | 12 | Introduced and read first time: January 11, 2023 | |
| 16 | 13 | Assigned to: Judicial Proceedings | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: March 8, 2023 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Courts – Jury Service – Disqualification 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of altering the circumstances under which an individual who has been 3 | |
| 28 | 22 | convicted of a crime is not qualified for jury service; and generally relating to jury 4 | |
| 29 | 23 | service. 5 | |
| 30 | 24 | ||
| 31 | 25 | BY repealing and reenacting, with amendments, 6 | |
| 32 | 26 | Article – Courts and Judicial Proceedings 7 | |
| 33 | 27 | Section 8–103 8 | |
| 34 | 28 | Annotated Code of Maryland 9 | |
| 35 | 29 | (2020 Replacement Volume and 2022 Supplement) 10 | |
| 36 | 30 | ||
| 37 | 31 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
| 38 | 32 | That the Laws of Maryland read as follows: 12 | |
| 39 | 33 | ||
| 40 | 34 | Article – Courts and Judicial Proceedings 13 | |
| 41 | 35 | ||
| 42 | 36 | 8–103. 14 | |
| 43 | 37 | ||
| 44 | 38 | (a) Notwithstanding § 8–102 of this subtitle, an individual qualifies for jury 15 | |
| 45 | 39 | service for a county only if the individual: 16 | |
| 46 | 40 | ||
| 47 | 41 | (1) Is an adult as of the day selected as a prospective juror; 17 | |
| 48 | - | 2 SENATE BILL 97 | |
| 42 | + | ||
| 43 | + | (2) Is a citizen of the United States; and 18 | |
| 44 | + | ||
| 45 | + | (3) Resides in the county as of the day sworn as a juror. 19 | |
| 46 | + | ||
| 47 | + | (b) Notwithstanding subsection (a) of this section and subject to the federal 20 | |
| 48 | + | Americans with Disabilities Act, an individual is not qualified for jury service if the 21 2 SENATE BILL 97 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | ||
| 51 | + | individual: 1 | |
| 52 | 52 | ||
| 53 | - | ( | |
| 53 | + | (1) Cannot comprehend spoken English or speak English; 2 | |
| 54 | 54 | ||
| 55 | - | (b) Notwithstanding subsection (a) of this section and subject to the federal 3 | |
| 56 | - | Americans with Disabilities Act, an individual is not qualified for jury service if the 4 | |
| 57 | - | individual: 5 | |
| 55 | + | (2) Cannot comprehend written English, read English, or write English 3 | |
| 56 | + | proficiently enough to complete a juror qualification form satisfactorily; 4 | |
| 58 | 57 | ||
| 59 | - | (1) Cannot comprehend spoken English or speak English; 6 | |
| 58 | + | (3) Has a disability that, as documented by a health care provider’s 5 | |
| 59 | + | certification, prevents the individual from providing satisfactory jury service; 6 | |
| 60 | 60 | ||
| 61 | - | (2) Cannot comprehend written English, read English, or write English 7 | |
| 62 | - | proficiently enough to complete a juror qualification form satisfactorily; 8 | |
| 61 | + | (4) Has been convicted, in a federal or State court of record, of a crime 7 | |
| 62 | + | punishable by imprisonment exceeding 1 year and [received a sentence of imprisonment 8 | |
| 63 | + | for more than 1 year] IS CURRENTLY SERVING THE SENTENCE IMPOSED FOR THE 9 | |
| 64 | + | CONVICTION, INCLUDING A TERM OF PROBATION; or 10 | |
| 63 | 65 | ||
| 64 | - | ( | |
| 65 | - | ||
| 66 | + | (5) Has a charge pending, in a federal or State court of record, for a crime 11 | |
| 67 | + | punishable by imprisonment exceeding 1 year. 12 | |
| 66 | 68 | ||
| 67 | - | (4) Has been convicted, in a federal or State court of record, of a: 11 | |
| 69 | + | [(c) An individual qualifies for jury service notwithstanding a disqualifying 13 | |
| 70 | + | conviction under subsection (b)(4) of this section if the individual is pardoned.] 14 | |
| 68 | 71 | ||
| 69 | - | (I) A crime punishable by imprisonment exceeding 1 year and 12 | |
| 70 | - | [received a sentence of imprisonment for more than 1 year] IS CURRENTLY S ERVING THE 13 | |
| 71 | - | SENTENCE IMPOSED FOR THE CONVICTION , INCLUDING A TERM OF PAROLE OR 14 | |
| 72 | - | PROBATION; or 15 | |
| 73 | - | ||
| 74 | - | (II) A CRIME INVOLVING OR R ELATING TO: 16 | |
| 75 | - | ||
| 76 | - | 1. PERJURY; 17 | |
| 77 | - | ||
| 78 | - | 2. WITNESS INTIMIDATION ; 18 | |
| 79 | - | ||
| 80 | - | 3. JURY INTIMIDATION ; OR 19 | |
| 81 | - | ||
| 82 | - | 4. A CRIME UNDER TITLE 8 OF THE CRIMINAL LAW 20 | |
| 83 | - | ARTICLE; OR 21 | |
| 84 | - | ||
| 85 | - | (5) Has a charge pending, in a federal or State court of record, for a crime 22 | |
| 86 | - | punishable by imprisonment exceeding 1 year. 23 | |
| 87 | - | ||
| 88 | - | [(c) An individual qualifies for jury service notwithstanding a disqualifying 24 | |
| 89 | - | conviction under subsection (b)(4) of this section if the individual is pardoned.] 25 | |
| 90 | - | ||
| 91 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 | |
| 92 | - | October 1, 2023. 27 | |
| 93 | - | ||
| 72 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 | |
| 73 | + | October 1, 2023. 16 | |
| 94 | 74 |