| 1 | 1 | | HOUSE BILL NO. 4094 A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1307a (MCL 600.1307a), as amended by 2023 PA 308, and by adding sections 1307b and 1356. the people of the state of michigan enact: Sec. 1307a. (1) To qualify as a juror, an individual must meet all of the following criteria: (a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the individual is selected, and in the case of a district court in districts of the second and third class, be a resident of the district. (b) Be able to communicate in the English language. (c) Be physically and mentally able to carry out the functions of a juror. Temporary inability must not be considered a disqualification. (d) Not have served as a petit or grand juror in a court of record during the preceding 12 months. (e) Not have been convicted of a felony.be currently incarcerated or on probation or parole. (2) An individual more than 70 years of age may claim exemption from jury service and must be exempt exempted upon making the request. (3) An individual who is a nursing mother may claim exemption from jury service for the period during which she is nursing her child and must be exempt exempted upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother. (4) An individual who is a participant in the address confidentiality program created under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873, may claim exemption from jury service for the period during which the individual is a program participant. To obtain an exemption under this subsection, the individual must provide the participation card issued by the department of attorney general upon the individual's certification as a program participant to the court as evidence that the individual is a current participant in the address confidentiality program. (5) An individual who is a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual is on active duty and must be exempt exempted upon making the request of the court and providing a copy of the service member's orders. (6) An individual who is the spouse of a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual resides outside of this state or the United States due to the service member's active duty status. The spouse under this section must be exempt exempted upon making the request of the court and providing a copy of the service member's orders. (7) For the purposes of this section and sections 1371 to 1376, an individual has served as a juror if that individual has been paid for jury service. (8) As used in this section: (a) "Certified nurse midwife" means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210. (b) "Felony" means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. (b) (c) "Lactation consultant" means a lactation consultant certified by the International Board of Lactation Consultant Examiners. (c) (d) "Physician" means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. Sec. 1307b. Except as otherwise provided in this section, the court shall not disqualify a juror for cause based solely on the juror's criminal record. The court may disqualify a juror for cause if the juror's criminal conviction is for a crime similar to the crime charged in the current case. Sec. 1356. (1) A prospective juror must not be excluded from service on a civil or criminal jury based on the prospective juror's protected status. (2) A party or the court may object to a peremptory challenge to raise the issue of improper exclusion of a juror based on a protected status. An objection under this section is made by citing this section. Any further discussion of the objection, including the reason for the objection, must be conducted outside the presence of the jury panel. The objection must be made before the prospective juror is excused, unless new information is discovered. (3) Upon objection to the exercise of a peremptory challenge under subsection (2), the party exercising the peremptory challenge shall articulate the reasons that the peremptory challenge has been exercised. (4) The court shall consider the totality of the circumstances when evaluating the reasons given by a party under subsection (3). If the court determines that a reasonable person would consider protected status to be a factor in the exercise of the peremptory challenge, the peremptory challenge must be denied. The court is not required to find purposeful discrimination to deny the peremptory challenge. The court shall explain its findings for a ruling on the record. (5) The circumstances the court may consider in making its determination under subsection (4) include, but are not limited to, the following: (a) The number and types of questions posed to the prospective juror, including whether the party exercising the peremptory challenge failed to question the prospective juror about the reason for the peremptory challenge. (b) If the party exercising the peremptory challenge asked significantly more or different questions of the prospective juror against whom the peremptory challenge was used than of other jurors. (c) If other prospective jurors provided similar answers but were not the subject of a peremptory challenge by that party. (d) If in the present case or in past cases the particular attorney or defendant has reason to believe that another attorney has used peremptory challenges disproportionately against a specific protected status. (6) The court shall have a rebuttable presumption of the invalidity of a peremptory challenge if an attorney or defendant provides either of the following reasons for exercising a peremptory challenge under subsection (3): (a) The juror expressed a distrust of law enforcement or a belief that law enforcement officers engage in racial profiling. (b) The juror or an individual with whom the juror has a close relationship has been stopped, arrested, investigated, or convicted of a crime. (7) The court shall find a peremptory challenge is invalid if an attorney or defendant provides 1 of the following reasons for exercising a peremptory challenge under subsection (3): (a) The juror lives in a high-crime neighborhood. (b) The juror has a child outside of marriage. (c) The juror receives state benefits. (8) As used in this section, "protected status" means any of the statuses recognized as protected under section 102 of the Elliot-Larsen civil rights act, 1976 PA 453, MCL 37.2102. (9) The purpose of this section is to address historical discrimination in the use of peremptory challenges on potential jurors who are members of a protected status or certain demographic groups or who have certain beliefs about individuals in a protected status. Enacting section 1. This amendatory act takes effect 1 year after the date it is enacted into law. |
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| 25 | 25 | | HOUSE BILL NO. 4094 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1961 PA 236, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Revised judicature act of 1961," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending section 1307a (MCL 600.1307a), as amended by 2023 PA 308, and by adding sections 1307b and 1356. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 1307a. (1) To qualify as a juror, an individual must meet all of the following criteria: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the individual is selected, and in the case of a district court in districts of the second and third class, be a resident of the district. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) Be able to communicate in the English language. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) Be physically and mentally able to carry out the functions of a juror. Temporary inability must not be considered a disqualification. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) Not have served as a petit or grand juror in a court of record during the preceding 12 months. |
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| 46 | 46 | | |
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| 47 | 47 | | (e) Not have been convicted of a felony.be currently incarcerated or on probation or parole. |
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| 48 | 48 | | |
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| 49 | 49 | | (2) An individual more than 70 years of age may claim exemption from jury service and must be exempt exempted upon making the request. |
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| 50 | 50 | | |
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| 51 | 51 | | (3) An individual who is a nursing mother may claim exemption from jury service for the period during which she is nursing her child and must be exempt exempted upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother. |
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| 52 | 52 | | |
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| 53 | 53 | | (4) An individual who is a participant in the address confidentiality program created under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873, may claim exemption from jury service for the period during which the individual is a program participant. To obtain an exemption under this subsection, the individual must provide the participation card issued by the department of attorney general upon the individual's certification as a program participant to the court as evidence that the individual is a current participant in the address confidentiality program. |
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| 54 | 54 | | |
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| 55 | 55 | | (5) An individual who is a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual is on active duty and must be exempt exempted upon making the request of the court and providing a copy of the service member's orders. |
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| 56 | 56 | | |
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| 57 | 57 | | (6) An individual who is the spouse of a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual resides outside of this state or the United States due to the service member's active duty status. The spouse under this section must be exempt exempted upon making the request of the court and providing a copy of the service member's orders. |
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| 58 | 58 | | |
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| 59 | 59 | | (7) For the purposes of this section and sections 1371 to 1376, an individual has served as a juror if that individual has been paid for jury service. |
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| 60 | 60 | | |
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| 61 | 61 | | (8) As used in this section: |
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| 62 | 62 | | |
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| 63 | 63 | | (a) "Certified nurse midwife" means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) "Felony" means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. |
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| 66 | 66 | | |
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| 67 | 67 | | (b) (c) "Lactation consultant" means a lactation consultant certified by the International Board of Lactation Consultant Examiners. |
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| 68 | 68 | | |
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| 69 | 69 | | (c) (d) "Physician" means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. |
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| 70 | 70 | | |
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| 71 | 71 | | Sec. 1307b. Except as otherwise provided in this section, the court shall not disqualify a juror for cause based solely on the juror's criminal record. The court may disqualify a juror for cause if the juror's criminal conviction is for a crime similar to the crime charged in the current case. |
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| 72 | 72 | | |
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| 73 | 73 | | Sec. 1356. (1) A prospective juror must not be excluded from service on a civil or criminal jury based on the prospective juror's protected status. |
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| 74 | 74 | | |
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| 75 | 75 | | (2) A party or the court may object to a peremptory challenge to raise the issue of improper exclusion of a juror based on a protected status. An objection under this section is made by citing this section. Any further discussion of the objection, including the reason for the objection, must be conducted outside the presence of the jury panel. The objection must be made before the prospective juror is excused, unless new information is discovered. |
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| 76 | 76 | | |
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| 77 | 77 | | (3) Upon objection to the exercise of a peremptory challenge under subsection (2), the party exercising the peremptory challenge shall articulate the reasons that the peremptory challenge has been exercised. |
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| 78 | 78 | | |
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| 79 | 79 | | (4) The court shall consider the totality of the circumstances when evaluating the reasons given by a party under subsection (3). If the court determines that a reasonable person would consider protected status to be a factor in the exercise of the peremptory challenge, the peremptory challenge must be denied. The court is not required to find purposeful discrimination to deny the peremptory challenge. The court shall explain its findings for a ruling on the record. |
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| 80 | 80 | | |
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| 81 | 81 | | (5) The circumstances the court may consider in making its determination under subsection (4) include, but are not limited to, the following: |
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| 82 | 82 | | |
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| 83 | 83 | | (a) The number and types of questions posed to the prospective juror, including whether the party exercising the peremptory challenge failed to question the prospective juror about the reason for the peremptory challenge. |
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| 84 | 84 | | |
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| 85 | 85 | | (b) If the party exercising the peremptory challenge asked significantly more or different questions of the prospective juror against whom the peremptory challenge was used than of other jurors. |
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| 86 | 86 | | |
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| 87 | 87 | | (c) If other prospective jurors provided similar answers but were not the subject of a peremptory challenge by that party. |
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| 88 | 88 | | |
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| 89 | 89 | | (d) If in the present case or in past cases the particular attorney or defendant has reason to believe that another attorney has used peremptory challenges disproportionately against a specific protected status. |
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| 90 | 90 | | |
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| 91 | 91 | | (6) The court shall have a rebuttable presumption of the invalidity of a peremptory challenge if an attorney or defendant provides either of the following reasons for exercising a peremptory challenge under subsection (3): |
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| 92 | 92 | | |
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| 93 | 93 | | (a) The juror expressed a distrust of law enforcement or a belief that law enforcement officers engage in racial profiling. |
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| 94 | 94 | | |
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| 95 | 95 | | (b) The juror or an individual with whom the juror has a close relationship has been stopped, arrested, investigated, or convicted of a crime. |
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| 96 | 96 | | |
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| 97 | 97 | | (7) The court shall find a peremptory challenge is invalid if an attorney or defendant provides 1 of the following reasons for exercising a peremptory challenge under subsection (3): |
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| 98 | 98 | | |
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| 99 | 99 | | (a) The juror lives in a high-crime neighborhood. |
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| 100 | 100 | | |
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| 101 | 101 | | (b) The juror has a child outside of marriage. |
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| 102 | 102 | | |
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| 103 | 103 | | (c) The juror receives state benefits. |
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| 104 | 104 | | |
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| 105 | 105 | | (8) As used in this section, "protected status" means any of the statuses recognized as protected under section 102 of the Elliot-Larsen civil rights act, 1976 PA 453, MCL 37.2102. |
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| 106 | 106 | | |
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| 107 | 107 | | (9) The purpose of this section is to address historical discrimination in the use of peremptory challenges on potential jurors who are members of a protected status or certain demographic groups or who have certain beliefs about individuals in a protected status. |
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| 108 | 108 | | |
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| 109 | 109 | | Enacting section 1. This amendatory act takes effect 1 year after the date it is enacted into law. |
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