Introduced Version, House Bill 1043

January 4, 2006, read first time and referred to Committee on Judiciary.

Introduced

Second Regular Session 114th General Assembly (2006)

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HOUSE BILL No. 1043

A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-28-4-3; (06)IN1043.1.1. -->     SECTION 1. IC 33-28-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The jury commissioners shall immediately, from the names of:
         (1) legal voters of the county; ~~and~~
         (2) citizens of the United States on the latest tax duplicate and the tax schedules of the county; and
        (3) individuals who:
            (A) reside in the county; and
            (B) have obtained a driver's license or an identification card under IC 9-24 from the bureau of motor vehicles;
examine for the purpose of determining the sex, age, and identity of prospective jurors, and proceed to select and deposit, in a box furnished by the clerk for that purpose, the names, written on separate slips of paper of uniform shape, size, and color, of twice as many persons as will be required by law for grand and petit jurors in the courts of the county, for all the terms of the courts, to begin with the following calendar year.

    (b) Each selection shall be made as nearly as possible in proportion to the population of each county commissioner's district. In making the selections, the jury commissioners shall in all things observe their oaths. The jury commissioners shall not select the name of any person who is to them known to be interested in or has a case pending that may be tried by a jury to be drawn from the names so selected.
    (c) The jury commissioners shall deliver the locked box to the clerk of the circuit court, after having deposited into the box the names as directed under this section. The key shall be retained by one (1) of the jury commissioners, who may not be an adherent of the same political party as the clerk.
    (d) In a county containing a consolidated city, the jury commissioners may, upon an order made by the judge of the circuit court and entered in the records of the circuit court of the county, make the selections and deposits required under this section monthly instead of annually. The jury commissioners may omit the personal examination of prospective jurors, the examination of voters lists, and make selection without reference to county commissioners' districts. The judge of the circuit court in a county containing a consolidated city may do the following:
        (1) Appoint a secretary for the jury commissioners, and sufficient stenographic aid and clerical help to properly perform the duties of the jury commissioners.
        (2) Fix the salaries of the commissioners, the secretary, and stenographic and clerical employees.
        (3) Provide office quarters and necessary supplies for the jury commissioners and their employees.
The expenses incurred under this subsection shall be paid for from the treasury of the county upon the order of the court.
    (e) Subject to appropriations made by the county fiscal body, the jury commissioners may use a computerized jury selection system. However, the system used for the selection system must be fair and may not violate the rights of persons with respect to the impartial and random selection of prospective jurors. The jurors selected under the computerized jury selection system must be eligible for selection under this chapter. The commissioners shall deliver the names of the individuals selected to the clerk of the circuit court. The commissioners shall observe their oath in all activities taken under this subsection.
    (f) The jury commissioners may supplement voter registration lists , tax schedules , and names of individuals with a driver's license or identification card under subsection (a) with names from lists of persons residing in the county that the jury commissioners may

designate as necessary to obtain a cross-section of the population of each county commissioner's district. The lists designated by the jury commissioners under this subsection must be used for the selection of jurors throughout the entire county.
(g) The supplemental sources designated under subsection (f) may consist of such lists as those of utility customers, persons filing income tax returns, motor vehicle registrations, city directories, and telephone directories. ~~and~~ ~~driver's~~ ~~licenses.~~ These supplemental lists may not be substituted for the voter registration list. The jury commissioners may not draw more names from supplemental sources than are drawn from the voter registration lists and tax schedules.

SOURCE: IC 33-28-4-10; (06)IN1043.1.2. -->     SECTION 2. IC 33-28-4-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) The employer of a person who:
        (1) is summoned to serve as a juror; and
        (2) notifies the employer of the jury summons:
            (A) within a reasonable time after receiving the jury summons; and
            (B) before the person appears for jury duty;
may not subject the person to any adverse employment action as the result of the person's jury service.
    (b) An employee may not be required or requested to use annual leave, vacation leave, or sick leave for time spent:
        (1) responding to a summons for jury duty;
         (2) participating in the jury selection process; or
        (3) serving on a jury.
This subsection does not require an employer to provide annual leave, vacation leave, or sick leave to an employee who is not otherwise entitled to these benefits.
    (c) If:
        (1) a prospective juror works for an employer with ten (10) or fewer full-time employees (or their equivalent);
        (2) another employee of the employer described in subdivision (1) is performing jury service; and
        (3) the prospective juror or the employee performing jury service notifies the court that they both work for the same employer;
the court shall reschedule the prospective juror's jury service for a date that does not overlap with the jury service of the other employee already performing jury service.

SOURCE: IC 33-28-5-5; (06)IN1043.1.3. --> SECTION 3. IC 33-28-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. As used in this

chapter, "master list" means:
        (1) a serially printed list;
        (2) a magnetic tape;
        (3) an Addressograph file;
        (4) a punched card file;
        (5) a computer record; or
        (6) another form of record determined by the supervising judge to be consistent with this chapter;
that fosters the policy and protects the rights secured by this chapter, contains all current, up-to-date voter registration lists for each precinct in the county, the names of all citizens of the United States on the latest tax duplicate and the tax schedules of the county, and the names of all individuals who reside in the county and have obtained a driver's license or an identification card under IC 9-24 from the bureau of motor vehicles, and is supplemented by names derived from other sources identified under this chapter.

SOURCE: IC 33-28-5-13; (06)IN1043.1.4. -->     SECTION 4. IC 33-28-5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The jury commissioner shall compile and maintain a master list consisting of:
         (1) all the voter registration lists for the county;
         (2) the names of all citizens of the United States on the latest tax duplicate and the tax schedules of the county; and
         (3) the names of all individuals who reside in the county and have obtained a driver's license or an identification card under IC 9-24 from the bureau of motor vehicles.
    (b) The master list in subsection (a) shall be supplemented with names from other lists of persons resident in the county that the supreme court shall periodically designate as necessary to obtain the broadest cross-section of the county, having determined that use of supplemental lists is feasible. The supreme court may designate supplemental lists for use by the courts periodically in a manner that fosters the policy and protects the rights secured by this chapter. Supplemental sources may consist of lists of:
        (1) utility customers;
        ~~(2)~~ ~~property~~ ~~taxpayers;~~ and
        ~~(3)~~ (2) persons filing income tax returns, motor vehicle registrations, city directories, and telephone directories. ~~and~~ ~~driver's~~ ~~licenses.~~
Supplemental lists may not be substituted for the voter registration list, tax schedules, or the driver's license and identification card list. In drawing names from supplemental lists, the jury commissioner shall avoid duplication of names.

    ~~(b)~~ (c) A person who has custody, possession, or control of any of the lists making up or used in compiling the master list, including those designated under subsection ~~(a)~~ (b) by the supreme court as supplementary sources of names, shall furnish the master list to the jury commissioner for inspection, reproduction, and copying at all reasonable times.
    ~~(c)~~ (d) When a copy of a list maintained by a public official is furnished, only the actual cost of the copy may be charged to the courts.
    ~~(d)~~ (e) The master list of names is open to the public for examination as a public record. However, the source of names and any information other than the names contained in the source is confidential.

SOURCE: IC 33-28-5-23; (06)IN1043.1.5. -->     SECTION 5. IC 33-28-5-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 23. (a) A person who appears for service as a petit or grand juror serves until the conclusion of the first trial in which the juror is sworn, regardless of the length of the trial or the manner in which the trial is disposed. A person who appears for service but is not selected and sworn as a juror completes the person's service at the end of one (1) day.
    (b) A person who:
        (1) serves as a juror under this chapter; or
        (2) completes one (1) day of jury selection but is not chosen to serve as a juror;
may not be selected for another jury panel until all nonexempt persons on the master list have been called for jury duty.
    (c) The employer of a person who:
        (1) is summoned to serve as a juror; and
        (2) notifies the employer of the jury summons:
            (A) within a reasonable time after receiving the jury summons; and
            (B) before the person appears for jury duty;
may not subject the person to any adverse employment action as the result of the person's jury service.
    (d) An employee may not be required or requested to use annual leave, vacation leave, or sick leave for time spent:
        (1) responding to a summons for jury duty;
         (2) participating in the jury selection process; or
        (3) serving on a jury.
This subsection does not require an employer to provide annual leave, vacation leave, or sick leave to an employee who is not otherwise entitled to these benefits.
    (e) If:
        (1) a prospective juror works for an employer with ten (10) or fewer full-time employees (or their equivalent);
        (2) another employee of the employer described in subdivision (1) is performing jury service; and
        (3) the prospective juror or the person performing jury service notifies the court that they both work for the same employer;
the court shall reschedule the prospective juror's jury service for a date that does not overlap with the jury service of the other employee.

SOURCE: IC 33-28-6-6; (06)IN1043.1.6. -->     SECTION 6. IC 33-28-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. As used in this chapter, "master list" means:
         (1) all current, up-to-date voter registration lists for each precinct in the county;
         (2) the names of all citizens of the United States on the latest tax duplicate and the tax schedules of the county; and
        (3) a list of all individuals who reside in the county and who have obtained a driver's license or an identification card under IC 9-24 from the bureau of motor vehicles;
supplemented with names from other sources prescribed pursuant to this chapter, in order to foster the policy and protect the rights secured by this chapter. The master list may be in the form of a serially printed list, a magnetic tape, an Addressograph file, punched cards, or such other form considered by the chief judge to be consistent with this chapter.

SOURCE: IC 33-28-6-13; (06)IN1043.1.7. -->     SECTION 7. IC 33-28-6-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The jury commissioner shall compile and maintain a master list consisting of:
         (1) all the voter registration lists for the county;
         (2) the names of all citizens of the United States on the latest tax duplicate and the tax schedules of the county; and
        (3) a list of all individuals who reside in the county and who have obtained a driver's license or an identification card under IC 9-24 from the bureau of motor vehicles;
supplemented with names from other lists of persons resident in the county that the supreme court shall periodically designate as necessary to obtain the broadest cross-section of the county, having determined that use of the supplemental lists is feasible. The supreme court shall exercise the authority to designate supplemental lists periodically in order to foster the policy and protect the rights secured by this article. The supplemental sources may include lists of utility customers,

~~property~~ ~~taxpayers,~~ ~~and~~ persons filing income tax returns, motor vehicle registrations, city directories, and telephone directories. ~~and~~ ~~driver's~~ ~~licenses.~~ Supplemental lists may not be substituted for the voter registration list. In drawing names from supplemental lists, the jury commissioner shall avoid duplication of names.
    (b) Whoever has custody, possession, or control of any of the lists making up or used in compiling the master list, including those designated under subsection (a) by the supreme court as supplementary sources of names, shall furnish the list to the jury commissioner for inspection, reproduction, and copying at all reasonable times.
    (c) When a copy of a list maintained by a public official is furnished, only the actual cost of the copy may be charged to the court.
    (d) The master list of names shall be open to the public for examination as a public record, except that the source of names and any information other than the names contained in that source may not be public information.

SOURCE: IC 33-28-6-27; (06)IN1043.1.8. -->     SECTION 8. IC 33-28-6-27 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 27. (a) The employer of a person who:
        (1) is summoned to serve as a juror; and
        (2) notifies the employer of the jury summons:
            (A) within a reasonable period after receiving the jury summons; and
            (B) before the person appears for jury duty;
may not subject the person to any adverse employment action as the result of the person's jury service.
    (b) An employee may not be required or requested to use annual leave, vacation leave, or sick leave for time spent:
        (1) responding to a summons for jury duty;
         (2) participating in the jury selection process; or
        (3) serving on a jury.
This subsection does not require an employer to provide annual leave, vacation leave, or sick leave to an employee who is not otherwise entitled to these benefits.
    (c) If:
        (1) a prospective juror works for an employer with ten (10) or fewer full-time employees (or their equivalent);
        (2) another employee of the employer described in subdivision (1) is performing jury service; and
        (3) the prospective juror or the employee performing jury service notifies the court that they both work for the same employer;
the court shall reschedule the prospective juror's jury service for a date that does not overlap with the jury service of the employee already performing jury service.