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SENATE FLOOR VERSION
March 30, 2021
ENGROSSED HOUSE
BILL NO. 2746 By: Ford of the House
and
Newhouse of the Senate
An Act relating to jurors; amending 38 O.S. 2011,
Section 28, as last amended by Section 11, Chapter
242, O.S.L. 2015 (38 O.S. Supp. 2020, Section 28),
which relates to qualifications and exemptions
pertaining to jury duty; modifying list of persons
disqualified to serve as jurors; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 38 O.S. 2011, Section 28, as last
amended by Section 11, Chapter 242, O.S.L. 2015 (38 O.S. Supp. 20 20,
Section 28), is amended to read as follows:
Section 28. A. It is the policy of this state that all
citizens qualified for jury service pursuant t o this section have an
obligation to serve on petit juries when summoned by the courts of
this state, unless excused.
B. All citizens of the United States, residing in this state,
having the qualifications of electors of this state, are competent
jurors to serve on all grand and petit juries within their counties;
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provided, that persons over seventy (70) years of age and persons
who have served as a grand or petit juror during the last five (5)
immediately preceding calendar years shall not be compelled to serve
as jurors in this state and the court may excuse or discharge any
juror drawn and summoned as a grand or petit juror if:
1. The prospective juror has a mental or physical condition
that causes him or her to be incapable of performing jury service.
The juror, or the juror 's personal representative, shall provide the
court with documentation from a physician licensed to practice
medicine verifying that a mental or physical condition renders the
person unfit for jury service for a period of up to twen ty-four (24)
months; or
2. Jury service would cause undue or extreme physical or
financial hardship to the prospective juror or a person under his or
her care or supervision. A judge of the court for whic h the
individual was called to jury service shall make undue or extreme
physical or financial hardship determinations. The authority to
make these determinations is delegable only to court officials or
personnel who are authorized by the laws of this stat e to function
as members of the judiciary. A pers on requesting to be excused
based on a finding of undue or extreme physical or financial
hardship shall take all actions necessary to have obtained a ruling
on that request by no later than the date on whic h the individual is
scheduled to appear for jury d uty. For purposes of this section,
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"undue or extreme physical or financial hardship " is limited to
circumstances in which an individual would be required to abandon a
person under his or her personal care or supervision due to the
impossibility of obtaini ng an appropriate substitute caregiver
during the period of participation in the jury pool or on the jury,
incur costs that would have a substantial adverse impact on the
payment of the individual 's necessary daily living expenses or on
those for whom he or she provides the principle principal means of
support, or suffer physical hardship that would result in illness or
disease. Undue or extreme physical or financial hardship does not
exist solely based on the fact that a prospective juror will be
required to be absent from his or her place of employment. A person
requesting a judge to grant an excuse based on undue or extreme
physical or financial hardship shall be required to provide the
judge with documentation, such as, but not limited to, federal and
state income tax returns, medical statements from licensed
physicians, proof of dependency or guardianship, and similar
documents, which the judge finds to clearly support the request to
be excused. Failure to provide satisfactory documentation shall
result in a denial of the request to be excused.
After two (2) years, a person excused from jury service shall
become eligible once again for qualification as a juror unless the
person was excused from service permanently. A person is excused
from jury service permanently only when the deciding judge
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determines that the underlying grounds for being excused are of a
permanent nature.
C. Persons who are not qualified to serve as jurors are:
1. Justices of the S upreme Court or the Court of Civil Appeals;
2. Judges of the Court of Criminal Appeals or the district
court;
3. Sheriffs or deputy sheriffs;
4. Municipal or state law enforcement officers employed in any
county with a population of two hundred fifty -five thousand
(255,000) or more;
5. Federal law enforcement officers;
6. Licensed attorneys engaged in the practice of law;
5. 7. Persons who have been convicted of any felony or who have
served a term of imprisonment in any penitentiary, state or federa l,
for the commission of a felony; provided, any s uch citizen
convicted, who has been fully restored to his or her civil rights,
shall be eligible to serve as a juror; and
6. 8. Legislators during a session of the Legislature or when
involved in state bus iness.
D. Jailers, or municipal or state law enforcement officers,
municipal, state or federal, in a county with a population of less
than two hundred fifty -five thousand (255,000), shall be eligible to
serve on noncriminal actions only.
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E. Upon his or her request, a person shall be exempt from
service as a juror if the person is:
1. A member of the Armed Forces of the United States who is
serving on active duty during a time of war or declared hostilities;
or
2. A mother who is breast -feeding a baby.
F. The district court may provide electronic resou rces for
persons summoned for jury duty to obtain information about their
jury service and to submit information to the court, including but
not limited to communications via telephone, text message,
electronic mail and website. The court may utilize an a pproved
electronic jury management system to record, process, respond to,
and maintain juror communications. The court clerk and the trial
court administrator, under the supervision and control of the
presiding judge or chief judge, or any district judge acting as his
or her designee, may be authorized to make determinations regarding
juror excusals, exemptions, disqualifications, postponements and
deferrals. However, determinations regarding extreme physi cal or
financial hardship shall be made as provide d in paragraph 2 of
subsection B of this section.
G. Information provided to the court pursuant to this section
by persons summoned for jury service shall be used exclusively for
purposes of determining ju ry disqualifications or excusals. No
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person shall disclose, copy or permit any person to copy this
information for purposes other than jury management.
SECTION 2. This act shall become effective November 1, 20 21.
COMMITTEE REPORT BY: COMM ITTEE ON JUDICIARY
March 30, 2021 - DO PASS