Old | New | Differences | |
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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 | *sb0034* | |
9 | 6 | ||
10 | 7 | SENATE BILL 34 | |
11 | 8 | D1 4lr1422 | |
12 | 9 | SB 97/23 – JPR (PRE–FILED) | |
13 | 10 | By: Senator Carter | |
14 | 11 | Requested: November 1, 2023 | |
15 | 12 | Introduced and read first time: January 10, 2024 | |
16 | 13 | Assigned to: Judicial Proceedings | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: February 27, 2024 | |
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 2023 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 | |
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 | |
48 | 46 | 2 SENATE BILL 34 | |
49 | 47 | ||
50 | 48 | ||
51 | - | (2) Is a citizen of the United States; and 1 | |
49 | + | (b) Notwithstanding subsection (a) of this section and subject to the federal 1 | |
50 | + | Americans with Disabilities Act, an individual is not qualified for jury service if the 2 | |
51 | + | individual: 3 | |
52 | 52 | ||
53 | - | ( | |
53 | + | (1) Cannot comprehend spoken English or speak English; 4 | |
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 5 | |
56 | + | proficiently enough to complete a juror qualification form satisfactorily; 6 | |
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 7 | |
59 | + | certification, prevents the individual from providing satisfactory jury service; 8 | |
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]: 9 | |
63 | 62 | ||
64 | - | (3) Has a disability that, as documented by a health care provider’s 9 | |
65 | - | certification, prevents the individual from providing satisfactory jury service; 10 | |
63 | + | (I) A crime punishable by imprisonment exceeding 1 year and 10 | |
64 | + | [received a sentence of imprisonment for more than 1 year] IS CURRENTLY SERVING THE 11 | |
65 | + | SENTENCE IMPOSED FOR THE CONVICTION , INCLUDING A TERM OF PAROLE OR 12 | |
66 | + | PROBATION; or 13 | |
66 | 67 | ||
67 | - | ( | |
68 | + | (II) A CRIME INVOLVING OR R ELATING TO: 14 | |
68 | 69 | ||
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 SERVING THE 13 | |
71 | - | SENTENCE IMPOSED FOR THE CONVICTION , INCLUDING A TERM OF PAROLE OR 14 | |
72 | - | PROBATION; or 15 | |
70 | + | 1. PERJURY; 15 | |
73 | 71 | ||
74 | - | | |
72 | + | 2. WITNESS INTIMIDATION ; 16 | |
75 | 73 | ||
76 | - | | |
74 | + | 3. JURY INTIMIDATION ; OR 17 | |
77 | 75 | ||
78 | - | 2. WITNESS INTIMIDATION ; 18 | |
76 | + | 4. A CRIME UNDER TITLE 8 OF THE CRIMINAL LAW 18 | |
77 | + | ARTICLE; OR 19 | |
79 | 78 | ||
80 | - | 3. JURY INTIMIDATION ; 19 | |
79 | + | (5) Has a charge pending, in a federal or State court of record, for a crime 20 | |
80 | + | punishable by imprisonment exceeding 1 year. 21 | |
81 | 81 | ||
82 | - | | |
83 | - | ||
82 | + | [(c) An individual qualifies for jury service notwithstanding a disqualifying 22 | |
83 | + | conviction under subsection (b)(4) of this section if the individual is pardoned.] 23 | |
84 | 84 | ||
85 | - | 5. BRIBING A JUROR UNDER § 9–202 OF THE CRIMINAL 22 | |
86 | - | LAW ARTICLE; OR 23 | |
87 | - | ||
88 | - | 4. 6. A CRIME UNDER TITLE 8 OF THE CRIMINAL LAW 24 | |
89 | - | ARTICLE; OR 25 | |
90 | - | ||
91 | - | (5) Has a charge pending, in a federal or State court of record, for a crime 26 | |
92 | - | punishable by imprisonment exceeding 1 year. 27 | |
93 | - | ||
94 | - | [(c) An individual qualifies for jury service notwithstanding a disqualifying 28 | |
95 | - | conviction under subsection (b)(4) of this section if the individual is pardoned.] 29 | |
96 | - | SENATE BILL 34 3 | |
97 | - | ||
98 | - | ||
99 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
100 | - | October 1, 2024. 2 | |
101 | - | ||
102 | - | ||
103 | - | ||
104 | - | ||
105 | - | Approved: | |
106 | - | ________________________________________________________________________________ | |
107 | - | Governor. | |
108 | - | ________________________________________________________________________________ | |
109 | - | President of the Senate. | |
110 | - | ________________________________________________________________________________ | |
111 | - | Speaker of the House of Delegates. | |
85 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 | |
86 | + | October 1, 2024. 25 |