Oklahoma 2023 Regular Session

Oklahoma House Bill HB1005 Compare Versions

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	30	+	April 11, 2023
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3	34		BILL NO. 1005 By: West (Rick) of the House
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5	36		and
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7	38		Burns of the Senate
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14	43		An Act relating to jurors; amending 38 O.S. 2021,
15	44		Section 28, which relates to jury service exemptions;
16	45		authorizing physician assistant to verify medical
17	46		exemption; authorizing advanced practice registered
18	47		nurse to verify medical exemption; and providing an
19	48		effective date.
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24		-	SUBJECT: Jurors
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26	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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28	54		SECTION 1. AMENDATORY 38 O.S. 2021, Section 28, is
29	55		amended to read as follows:
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31	56		Section 28. A. It is the policy of this state that all
32	57		citizens qualified for jury service pursuant to this sec tion have an
33	58		obligation to serve on petit juries when summoned by the courts of
34	59		this state, unless excused.
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36	60		B. All citizens of the United States, residing in this state,
37	61		having the qualifications of electors of this state, are competent
38	62		jurors to serve on all grand and petit juries within their counties;
39	63		provided, that persons over seventy (70) years of age and persons
40	64		who have served as a grand or petit juror during the last five (5)
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41	92		immediately preceding calendar years shall not be compelled to serve
42	93		as jurors in this state and the court may excuse or discharge any
43	94		juror drawn and summoned as a grand or petit juror if:
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45	95		1. The prospective juror has a mental or physical condition
46		-	that causes him or her to be incapable of performing jury service. ~~ENR. H. B. NO. 1005 Page 2~~
	96	+	that causes him or her to be incapable of performing jury service.
47	97		The juror, or the juror's personal representative, shall provide the
48	98		court with documentation from a physician, physician assistant, or
49	99		advanced practice registered nurse licensed to practice medicine
50	100		verifying that a mental or physical condition renders the perso n
51	101		unfit for jury service for a period of up to twenty -four (24)
52	102		months; or
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54	103		2. Jury service would cause undue or extreme physical or
55	104		financial hardship to the prospective juror or a person under his or
56	105		her care or supervision. A judge of the court for whi ch the
57	106		individual was called to jury service shall make undue or extre me
58	107		physical or financial hardship determinations. The authority to
59	108		make these determinations is delegable only to court officials or
60	109		personnel who are authorized by the laws of this sta te to function
61	110		as members of the judiciary. A person requesting to be excused
62	111		based on a finding of undue or extreme physical or financial
63	112		hardship shall take all actions nece ssary to have obtained a ruling
64	113		on that request by no later than the date on whi ch the individual is
65	114		scheduled to appear for jury duty. For purposes of this section,
66	115		"undue or extreme physical or financial hardship" is limited to
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67	143		circumstances in which an individual would be required to abandon a
68	144		person under his or her personal care or supervision due to the
69	145		impossibility of obtaining an appropriate s ubstitute caregiver
70	146		during the period of participation in the jury pool or on the jury,
71	147		incur costs that would have a substantial adverse impact on the
72	148		payment of the individual 's necessary daily living expenses or on
73	149		those for whom he or she provides the principal means of support, or
74	150		suffer physical hardship that would result in illness or disease.
75	151		Undue or extreme physical or financial hardship does not exist
76	152		solely based on the fact that a prospective juror will be required
77	153		to be absent from his or her place of employment. A person
78	154		requesting a judge to grant an excuse based on undue or extreme
79	155		physical or financial hardship shall be required to provide the
80	156		judge with documentation, such as, but not limited to, federal and
81	157		state income tax returns, med ical statements from licensed
82	158		physicians, proof of dependency or guardianship, and similar
83	159		documents, which the judge finds to clearly support the request to
84	160		be excused. Failure to prov ide satisfactory documentation shall
85	161		result in a denial of the request to be excused.
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87	162		After two (2) years, a person excused from jury service shall
88	163		become eligible once again f or qualification as a juror unless the
89	164		person was excused from service permanent ly. A person is excused
90		-	from jury service permanently only when the deciding judg e ENR. H. B. NO. 1005 Page 3
	165	+	from jury service permanently only when the d eciding judge
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91	193		determines that the underlying grounds for being excused are of a
92	194		permanent nature.
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94	195		C. Persons who are not qualified to serve as jurors are:
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96	196		1. Justices of the Supreme Co urt or the Court of Civil Appeals;
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98	197		2. Judges of the Court of Criminal Appeals or the district
99	198		court;
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101	199		3. Sheriffs or deputy sheriffs;
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103	200		4. Municipal or state law enforcement of ficers employed in any
104	201		county with a population of two hundred fifty -five thousand
105	202		(255,000) or more;
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107	203		5. Federal law enforcement officers;
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109	204		6. Licensed attorneys engaged in the practice of law;
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111	205		7. Persons who have been convicted of any felony or who hav e
112	206		served a term of imprisonment in any penitentiary, state or federal,
113	207		for the commission of a felony; provided, any such citizen
114	208		convicted, who has be en fully restored to his or her civil rights,
115	209		shall be eligible to serve as a juror; and
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117	210		8. Legislators during a session of the Legislature or when
118	211		involved in state business.
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120	212		D. Jailers, or municipal or state law enforcement officers in a
121	213		county with a population of less than two hundred fifty-five
122	214		thousand (255,000), shall be eligible to serve on noncrimi nal
123	215		actions only.
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125	243		E. Upon his or her request, a person shall be exempt from
126	244		service as a juror if the person is:
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128	245		1. A member of the Armed Forces of t he United States who is
129	246		serving on active duty during a time of war or declared hostilities;
130	247		or
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132	248		2. A mother who is breast-feeding a baby.
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134	249		F. The district court may provide electronic r esources for
135		-	persons summoned for jury duty to obtain information ~~ab out~~ their ~~ENR. H. B. NO. 1005 Page 4~~
	250	+	persons summoned for jury duty to obtain information abou t their
136	251		jury service and to submit information to the court, including but
137	252		not limited to communications via telephone, text message,
138	253		electronic mail and website. The court may utilize an approved
139	254		electronic jury management system to record, process, resp ond to,
140	255		and maintain juror communications. The court clerk and the trial
141	256		court administrator, under the supervision and control of the
142	257		presiding judge or chief judge, or any district ju dge acting as his
143	258		or her designee, may be authorized to make determina tions regarding
144	259		juror excusals, exemptions, disqualifications, postponements and
145	260		deferrals. However, det erminations regarding extreme physical or
146	261		financial hardship shall be made as pro vided in paragraph 2 of
147	262		subsection B of this section.
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149	263		G. Information provided to the court pursuant to this section
150	264		by persons summoned for jury service shall be used exclusi vely for
151	265		purposes of determining jury disqualifications or excusals. No
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152	293		person shall disclose, copy or permit any person to copy this
153	294		information for purposes other than jury management.
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155	295		SECTION 2. This act shall become effective November 1, 2023.
156		-	ENR. H. B. NO. 1005 Page 5
157		-	Passed the House of Representatives the 7th day of March, 2023.
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162		-	Presiding Officer of the House
163		-	of Representatives
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167		-	Passed the Senate the 17th day of April, 2023.
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172		-	Presiding Officer of the Senate
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176		-	OFFICE OF THE GOVERNOR
177		-	Received by the Office of the Governor this ____________________
178		-	day of ___________________, 20_______, at _______ o'clock _______ M.
179		-	By: _________________________________
180		-	Approved by the Governor of the State of Oklahoma this _____ ____
181		-	day of ___________________, 20_______, at _______ o'clock _______ M.
182		-
183		-
184		-	_________________________________
185		-	Governor of the State of Oklahoma
186		-
187		-	OFFICE OF THE SECRETARY OF STATE
188		-	Received by the Office of the Secretary of State this __________
189		-	day of ___________________, 20_______, at _______ o'clock _______ M.
190		-	By: _________________________________
	296	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	297	+	April 11, 2023 - DO PASS