Oklahoma 2022 Regular Session

Oklahoma House Bill HB2746 Compare Versions

Version 1 (Old)

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	30	+	March 30, 2021
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3	34		BILL NO. 2746 By: Ford of the House
4	35
5	36		and
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7	38		Newhouse of the Senate
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14	43		An Act relating to jurors; amending 38 O.S. 2011,
15	44		Section 28, as last amended by Section 11, Chapter
16	45		242, O.S.L. 2015 (38 O.S. Supp. 2020, Section 28),
17	46		which relates to qualifications and exemptions
18	47		pertaining to jury duty; modifying list of persons
19	48		disqualified to serve as jurors; and providing an
20	49		effective date.
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24		-	~~SUBJECT: Jurors~~
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26	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
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28	56		SECTION 1. AMENDATORY 38 O.S. 2011, Section 28, as last
29	57		amended by Section 11, Chapter 242, O.S.L. 2015 (38 O.S. Supp. 20 20,
30	58		Section 28), is amended to read as follows:
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32	59		Section 28. A. It is the policy of this state that all
33	60		citizens qualified for jury service pursuant t o this section have an
34	61		obligation to serve on petit juries when summoned by the courts of
35	62		this state, unless excused.
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37	63		B. All citizens of the United States, residing in this state,
38	64		having the qualifications of electors of this state, are competent
39	65		jurors to serve on all grand and petit juries within their counties;
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40	93		provided, that persons over seventy (70) years of age and persons
41	94		who have served as a grand or petit juror during the last five (5)
42	95		immediately preceding calendar years shall not be compelled to serve
43	96		as jurors in this state and the court may excuse or discharge any
44	97		juror drawn and summoned as a grand or petit juror if:
45		-	ENR. H. B. NO. 2746 Page 2
46	98		1. The prospective juror has a mental or physical condition
47	99		that causes him or her to be incapable of performing jury service.
48	100		The juror, or the juror 's personal representative, shall provide the
49	101		court with documentation from a physician licensed to practice
50	102		medicine verifying that a mental or physical condition renders the
51	103		person unfit for jury service for a period of up to twen ty-four (24)
52	104		months; or
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54	105		2. Jury service would cause undue or extreme physical or
55	106		financial hardship to the prospective juror or a person under his or
56	107		her care or supervision. A judge of the court for whic h the
57	108		individual was called to jury service shall make undue or extreme
58	109		physical or financial hardship determinations. The authority to
59	110		make these determinations is delegable only to court officials or
60	111		personnel who are authorized by the laws of this stat e to function
61	112		as members of the judiciary. A pers on requesting to be excused
62	113		based on a finding of undue or extreme physical or financial
63	114		hardship shall take all actions necessary to have obtained a ruling
64	115		on that request by no later than the date on whic h the individual is
65	116		scheduled to appear for jury d uty. For purposes of this section,
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66	144		"undue or extreme physical or financial hardship " is limited to
67	145		circumstances in which an individual would be required to abandon a
68	146		person under his or her personal care or supervision due to the
69	147		impossibility of obtaini ng an appropriate substitute caregiver
70	148		during the period of participation in the jury pool or on the jury,
71	149		incur costs that would have a substantial adverse impact on the
72	150		payment of the individual 's necessary daily living expenses or on
73	151		those for whom he or she provides the principle principal means of
74	152		support, or suffer physical hardship that would result in illness or
75	153		disease. Undue or extreme physical or financial hardship does not
76	154		exist solely based on the fact that a prospective juror will be
77	155		required to be absent from his or her place of employment. A person
78	156		requesting a judge to grant an excuse based on undue or extreme
79	157		physical or financial hardship shall be required to provide the
80	158		judge with documentation, such as, but not limited to, federal and
81	159		state income tax returns, medical statements from licensed
82	160		physicians, proof of dependency or guardianship, and similar
83	161		documents, which the judge finds to clearly support the request to
84	162		be excused. Failure to provide satisfactory documentation shall
85	163		result in a denial of the request to be excused.
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87	164		After two (2) years, a person excused from jury service shall
88	165		become eligible once again for qualification as a juror unless the
89	166		person was excused from service permanently. A person is excused
90		-	from jury service permanently only when the deciding judge ENR. H. B. NO. 2746 Page 3
	167	+	from jury service permanently only when the deciding judge
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91	195		determines that the underlying grounds for being excused are of a
92	196		permanent nature.
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94	197		C. Persons who are not qualified to serve as jurors are:
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96	198		1. Justices of the S upreme Court or the Court of Civil Appeals;
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98	199		2. Judges of the Court of Criminal Appeals or the district
99	200		court;
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101	201		3. Sheriffs or deputy sheriffs;
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103	202		4. Municipal or state law enforcement officers employed in any
104	203		county with a population of two hundred fifty -five thousand
105	204		(255,000) or more;
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107	205		5. Federal law enforcement officers;
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109	206		6. Licensed attorneys engaged in the practice of law;
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111	207		5. 7. Persons who have been convicted of any felony or who have
112	208		served a term of imprisonment in any penitentiary, state or federa l,
113	209		for the commission of a felony; provided, any s uch citizen
114	210		convicted, who has been fully restored to his or her civil rights,
115	211		shall be eligible to serve as a juror; and
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117	212		6. 8. Legislators during a session of the Legislature or when
118	213		involved in state bus iness.
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120	214		D. Jailers, or municipal or state law enforcement officers,
121	215		municipal, state or federal, in a county with a population of less
122	216		than two hundred fifty -five thousand (255,000), shall be eligible to
123	217		serve on noncriminal actions only.
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125	245		E. Upon his or her request, a person shall be exempt from
126	246		service as a juror if the person is:
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128	247		1. A member of the Armed Forces of the United States who is
129	248		serving on active duty during a time of war or declared hostilities;
130	249		or
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132	250		2. A mother who is breast -feeding a baby.
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134	251		F. The district court may provide electronic resou rces for
135		-	persons summoned for jury duty to obtain information about their ~~ENR. H. B. NO. 2746 Page 4~~
	252	+	persons summoned for jury duty to obtain information about their
136	253		jury service and to submit information to the court, including but
137	254		not limited to communications via telephone, text message,
138	255		electronic mail and website. The court may utilize an a pproved
139	256		electronic jury management system to record, process, respond to,
140	257		and maintain juror communications. The court clerk and the trial
141	258		court administrator, under the supervision and control of the
142	259		presiding judge or chief judge, or any district judge acting as his
143	260		or her designee, may be authorized to make determinations regarding
144	261		juror excusals, exemptions, disqualifications, postponements and
145	262		deferrals. However, determinations regarding extreme physi cal or
146	263		financial hardship shall be made as provide d in paragraph 2 of
147	264		subsection B of this section.
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149	265		G. Information provided to the court pursuant to this section
150	266		by persons summoned for jury service shall be used exclusively for
151	267		purposes of determining ju ry disqualifications or excusals. No
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152	295		person shall disclose, copy or permit any person to copy this
153	296		information for purposes other than jury management.
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155	297		SECTION 2. This act shall become effective November 1, 20 21.
156		-	ENR. H. B. NO. 2746 Page 5
157		-	Passed the House of Representatives the 9th day of March, 2021.
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162		-	Presiding Officer of the House
163		-	of Representatives
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166		-	Passed the Senate the 15th day of April, 2021.
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171		-	Presiding Officer of the Senate
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174		-	OFFICE OF THE GOVERNOR
175		-	Received by the Office of the Governor this _________________ ___
176		-	day of ___________________, 20_______, at _______ o'clock _______ M.
177		-	By: _________________________________
178		-	Approved by the Governor of the State of Oklahoma this _________
179		-	day of ___________________, 20_______, at _______ o'clock _______ M.
180		-
181		-
182		-	_________________________________
183		-	Governor of the State of Oklahoma
184		-
185		-	OFFICE OF THE SECRETARY OF STATE
186		-	Received by the Office of the Secretary of State this __________
187		-	day of ___________________, 20_______, at _______ o'clock _______ M.
188		-	By: _______________________ __________
189		-
	298	+	COMMITTEE REPORT BY: COMM ITTEE ON JUDICIARY
	299	+	March 30, 2021 - DO PASS