Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB653 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB653 HFLR Page 1
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	3	+	ENGR. S. B. NO. 653 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 58th Legislature (2021)
34		-
35	28		ENGROSSED SENATE
36		-	BILL NO. 653 By: Newhouse, Bullard ~~and~~
37		-	~~Bergstrom of the~~ Senate
	29	+	BILL NO. 653 By: Newhouse and Bullard of the
	30	+	Senate
38	31
39	32		and
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41	34		Ford of the House
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47	40		An Act relating to jurors; amending 38 O.S. 2011,
48	41		Section 28, as last amended by Sec tion 11, Chapter
49	42		242, O.S.L. 2015 (38 O.S. Supp. 20 20, Section 28),
50	43		which relates to qualifications and exemptions
51	44		pertaining to jury duty; disqualifying certain
52	45		persons from jury service; and providing an effective
53	46		date.
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59	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
60	53		SECTION 1. AMENDATORY 38 O.S. 2011, Section 28, as last
61	54		amended by Section 11, Chapter 242, O.S.L. 2015 (38 O.S. Supp. 20 20,
62	55		Section 28), is amended t o read as follows:
63	56		Section 28. A. It is the policy of this state that all
64	57		citizens qualified for jury ser vice pursuant to this section have an
65	58		obligation to serve on petit juries when summoned by the courts of
66	59		this state, unless excused.
	60	+	B. All citizens of the United States, residing in this state,
	61	+	having the qualifications of electors of this state, are com petent
	62	+	jurors to serve on all grand and petit juries within their counties;
	63	+	provided, that persons over seventy (70) years of age and persons
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68		-	SB653 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendment s. 1
	65	+	ENGR. S. B. NO. 653 Page 2 1
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94		-	B. All citizens of the United States, residing in this state,
95		-	having the qualifications of electors of this state, are competent
96		-	jurors to serve on all grand and petit juries within their counties;
97		-	provided, that persons over seventy (70) years of age and persons
98	90		who have served as a grand or petit juror during the l ast five (5)
99	91		immediately preceding calendar years shall not be compelled to serve
100	92		as jurors in this state and the court may excuse or discharge any
101	93		juror drawn and summoned as a grand or petit juror if:
102	94		1. The prospective juror has a mental or physical co ndition
103	95		that causes him or her to be incapable of performing jury service.
104	96		The juror, or the juror ’s personal representative, shall provide the
105	97		court with documentation from a physician licensed to practice
106	98		medicine verifying that a mental or physical con dition renders the
107	99		person unfit for jury service for a perio d of up to twenty-four (24)
108	100		months; or
109	101		2. Jury service would cause undue or extreme physical or
110	102		financial hardship to the prospective juror or a per son under his or
111	103		her care or supervision. A ju dge of the court for which the
112	104		individual was called to jury service shall make undue or extreme
113	105		physical or financial hardship determinations. The authority to
114	106		make these determinations is delegable only to court officials or
115	107		personnel who are authorized by the laws of this state to function
116	108		as members of the jud iciary. A person requesting to be excused
117	109		based on a finding of undue or extreme physical or financial
	110	+	hardship shall take all actions necessary to have obtained a ruling
	111	+	on that request by no la ter than the date on which the individual is
	112	+	scheduled to appear for jury duty. For purposes of this section,
	113	+	“undue or extreme physical or financial hardship ” is limited to
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119		-	SB653 HFLR Page 3
120		-	BOLD FACE denotes Committee Amendment s. 1
	115	+	ENGR. S. B. NO. 653 Page 3 1
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145		-	hardship shall take all actions necessary to have obt ained a ruling
146		-	on that request by no later than the date on which the individual is
147		-	scheduled to appear for jury duty. For purposes of this section,
148		-	“undue or extreme physical or financial hardship ” is limited to
149	140		circumstances in which an individu al would be required to abandon a
150	141		person under his or her personal care or supervision due to the
151	142		impossibility of obtaining an appropriate substitute caregiver
152	143		during the period of participation in the jury pool or on the jury,
153	144		incur costs that would have a substantial adverse impact on the
154	145		payment of the individual’s necessary daily living expenses or on
155	146		those for whom he or she provides the principle principal means of
156	147		support, or suffer physical hardship that would result in illness or
157	148		disease. Undue or extreme physical or financial hardship does n ot
158	149		exist solely based on the fact that a prospective juror w ill be
159	150		required to be absent from his or her place of employment. A person
160	151		requesting a judge to grant an excuse based on undue or extreme
161	152		physical or financial hardship shall be required to prov ide the
162	153		judge with documentation, such as, but not limited t o, federal and
163	154		state income tax returns, medical statements from licensed
164	155		physicians, proof of dependency or guardianship , and similar
165	156		documents, which the judge finds to clearly support the reque st to
166	157		be excused. Failure to provide satisfactory documenta tion shall
167	158		result in a denial of the request to be excused.
	159	+	After two (2) years, a person excused from jury service shall
	160	+	become eligible once again for qualification as a juror unless the
	161	+	person was excused from service permanently. A person is excused
	162	+	from jury service permanently only when the deciding judge
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169		-	SB653 HFLR Page 4
170		-	BOLD FACE denotes Committee Amendment s. 1
	164	+	ENGR. S. B. NO. 653 Page 4 1
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195		-	After two (2) years, a person excused from jury service shall
196		-	become eligible once again for qual ification as a juror unless the
197		-	person was excused from service permanently. A person is excused
198		-	from jury service permanently only when the deciding judge
199	189		determines that the underlying grounds for being excused are of a
200	190		permanent nature.
201	191		C. Persons who are not qualified to serve as jurors a re:
202	192		1. Justices of the Supreme Court or the Court of Civil Appeals;
203	193		2. Judges of the Court of Criminal Appeals or the district
204	194		court;
205	195		3. Sheriffs or deputy sheriffs;
206	196		4. Municipal or state law enforcement o fficers employed in any
207	197		county with a populatio n of two hundred fifty-five thousand
208	198		(255,000) or more;
209	199		5. Federal law enforcement officers;
210	200		6. Licensed attorneys engaged in the practice of law;
211	201		5. 7. Persons who have been convicted of any felony or who have
212	202		served a term of imprisonment in any penitentiary, st ate or federal,
213	203		for the commission of a felony; p rovided, any such citizen
214	204		convicted, who has been fully restored to his or her civil rights,
215	205		shall be eligible to serve as a juror; and
216	206		6. 8. Legislators during a session of the Legislature or when
217	207		involved in state business.
	208	+	D. Jailers, or municipal or state law enforcement officers,
	209	+	municipal, state or federal, in a county with a population of less
	210	+	than two hundred fifty-five thousand (255,000) , shall be eligible to
	211	+	serve on noncriminal actions only.
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219		-	SB653 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendment s. 1
	213	+	ENGR. S. B. NO. 653 Page 5 1
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245		-	D. Jailers, or municipal or state law enforcement officers ,
246		-	municipal, state or federal, in a county with a population of less
247		-	than two hundred fifty-five thousand (255,000) , shall be eligible to
248		-	serve on noncriminal actions only.
249	238		E. Upon his or her request, a person shall be exempt from
250	239		service as a juror if the person is:
251	240		1. A member of the Armed Forces of the United States who is
252	241		serving on active duty during a time of war or declared hostilities;
253	242		or
254	243		2. A mother who is breast -feeding a baby.
255	244		F. The district court may provide el ectronic resources for
256	245		persons summoned for jury duty to obtain information about their
257	246		jury service and to submit information to the court , including but
258	247		not limited to communi cations via telephone, text message,
259	248		electronic mail and website. The court ma y utilize an approved
260	249		electronic jury management system to record, process, respond to ,
261	250		and maintain juror communications. The court clerk and the trial
262	251		court administrator, un der the supervision and control of the
263	252		presiding judge or chief judge, or any d istrict judge acting as his
264	253		or her designee, may be authorized to make determinations regarding
265	254		juror excusals, exemptions, disqualifications, postp onements and
266	255		deferrals. However, determinations regarding extreme physical or
267	256		financial hardship shall be m ade as provided in paragraph 2 of
268	257		subsection B of this section.
	258	+	G. Information provided to the court pursuant to this section
	259	+	by persons summoned f or jury service shall be used exclusively for
	260	+	purposes of determini ng jury disqualifications or excusals. N o
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270		-	SB653 HFLR Page 6
271		-	BOLD FACE denotes Committee Amendment s. 1
	262	+	ENGR. S. B. NO. 653 Page 6 1
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296		-	G. Information provided to the court pursuant to this section
297		-	by persons summoned for jury s ervice shall be used exclusively for
298		-	purposes of determining jury disqualifications or excusals. No
299	287		person shall disclose, copy or permit any person to copy this
300	288		information for purposes other than jury management.
301	289		SECTION 2. This act shall become effective November 1, 2021.
	290	+	Passed the Senate the 8th day of March, 2021.
302	291
303		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
304		-	03/24/2021 - DO PASS, As Coauthored.
	292	+
	293	+
	294	+	Presiding Officer of the Senate
	295	+
	296	+
	297	+	Passed the House of Representatives the ____ day of __________,
	298	+	2021.
	299	+
	300	+
	301	+
	302	+	Presiding Officer of the House
	303	+	of Representatives
	304	+