January 27, 2006
SENATE BILL No. 232
_____
DIGEST OF SB 232
(Updated January 25, 2006 8:44 pm - DI 106)
Citations Affected: IC 8-2; IC 33-28.
Synopsis: Jury service exemptions. Eliminates automatic exemptions
from jury service. Permits a person called for jury service to receive
one deferral for up to one year if the juror selects an alternate date and
the deferral is necessary due to hardship, extreme inconvenience, or
necessity. Protects a person called for jury service from being subjected
to adverse employment actions. Prohibits employers from requiring or
requesting employees to use annual vacation or sick leave for jury
service. Repeals a provision concerning jury service exemptions in
Lake County.
Effective: July 1, 2006.
Gard
January 9, 2006, read first time and referred to Committee on Judiciary.
January 26, 2006, amended, reported favorably _ Do Pass.
January 27, 2006
Second Regular Session 114th General Assembly (2006)
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SENATE BILL No. 232
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 8-2-15-9; (06)SB0232.1.1. -->
SECTION 1. IC 8-2-15-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 9. It shall be the duty of All
persons, companies, or corporations keeping, having, or maintaining
any public ferries across any stream to and from any point within this
state, to in Indiana shall cause the banks of the river or creek to be dug
sufficiently low and kept in good passable order for the passage of man
and horse, persons, horses, and wagons and other vehicles. and such
ferry-keepers and persons employed in attendance at such ferry shall
not be compelled to serve on juries or perform military duty.
SOURCE: IC 33-28-4-8; (06)SB0232.1.2. -->
SECTION 2. IC 33-28-4-8, AS AMENDED BY P.L.1-2005,
SECTION 216, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 8.
(a) A person shall be excused
from acting as a juror if the person:
(1) is at least sixty-five (65) years of age;
(2) is a member in active service of the armed forces of the United
States;
(3) is an elected or appointed official of the executive, legislative,
or judicial branches of government of:
(A) the United States;
(B) Indiana; or
(C) a unit of local government;
who is actively engaged in the performance of the person's official
duties;
(4) is a member of the general assembly who makes the request
to be excused before being sworn as a juror;
(5) is an honorary military staff officer appointed by the governor
under IC 10-16-2-5;
(6) is an officer or enlisted person of the guard reserve forces
authorized by the governor under IC 10-16-8;
(7) is a veterinarian licensed under IC 15-5-1.1;
(8) is serving as a member of the board of school commissioners
of the city of Indianapolis under IC 20-25-3-3;
(9) is a dentist licensed under IC 25-14-1;
(10) is a member of a police or fire department or company under
IC 36-8-3 or IC 36-8-12; or
(11) would serve as a juror during a criminal trial and the person
is:
(A) an employee of the department of correction whose duties
require contact with inmates confined in a department of
correction facility; or
(B) the spouse or child of a person described in clause (A);
and desires to be excused for that reason.
(b) (a) A prospective juror is disqualified to serve on a jury if any
of the following conditions exist:
(1) The person is not a citizen of the United States, at least
eighteen (18) years of age, and a resident of the county.
(2) The person is unable to read, speak, and understand the
English language with a degree of proficiency sufficient to fill out
satisfactorily a juror qualification form.
(3) The person is incapable of rendering satisfactory jury service
due to physical or mental disability. However, a person claiming
this disqualification may be required to submit a physician's or
authorized Christian Science practitioner's certificate confirming
the disability, and the certifying physician or practitioner is then
subject to inquiry by the court at the court's discretion.
(4) The person is under a sentence imposed for an offense.
(5) A guardian has been appointed for the person under IC 29-3
because the person has a mental incapacity.
(6) The person has had rights revoked by reason of a felony
conviction and the rights have not been restored.
(b) A person scheduled to appear for jury service has the right
to defer the date of the person's initial appearance for jury service
one (1) time upon a showing of hardship, extreme inconvenience,
or necessity. The court shall grant a prospective juror's request for
deferral if the following conditions are met:
(1) The prospective juror has not previously been granted a
deferral.
(2) The prospective juror requests a deferral by contacting
the jury commissioner:
(A) by telephone;
(B) by electronic mail;
(C) in writing; or
(D) in person.
(3) The prospective juror selects another date on which the
prospective juror will appear for jury service that is:
(A) not more than one (1) year after the date upon which
the prospective juror was originally scheduled to appear;
and
(B) a date when the court will be in session.
(4) The court determines that the prospective juror has
demonstrated that a deferral is necessary due to:
(A) hardship;
(B) extreme inconvenience; or
(C) necessity.
(c) A person may not serve as a petit juror in any county if the
person served as a petit juror in the same county within the previous
three hundred sixty-five (365) days. The fact that a person's selection
as a juror would violate this subsection is sufficient cause for
challenge.
(d) A grand jury, a petit jury, or an individual juror drawn for
service in one (1) court may serve in another court of the county, in
accordance with orders entered on the record in each of the courts.
(e) The same petit jurors may be used in civil cases and in criminal
cases.
(f) A person may not be excluded from jury service on account of
race, color, religion, sex, national origin, or economic status.
(g) Notwithstanding IC 35-47-2, IC 35-47-2.5, or the restoration of
the right to serve on a jury under this section and except as provided in
subsections (h), (i), and (l), a person who has been convicted of a crime
of domestic violence (as defined in IC 35-41-1-6.3) may not possess a
firearm:
(1) after the person is no longer under a sentence imposed for an
offense; or
(2) after the person has had the person's rights restored following
a conviction.
(h) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence (as
defined in IC 35-41-1-6.3) may petition the court for restoration of the
person's right to possess a firearm. In determining whether to restore
the person's right to possess a firearm, the court shall consider the
following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to complete
a specified condition under subsection (i) or whether the person
has committed a subsequent offense.
(i) The court may condition the restoration of a person's right to
possess a firearm upon the person's completion of specified conditions.
(j) If the court denies a petition for restoration of the right to possess
a firearm, the person may not file a second or subsequent petition until
one (1) year has elapsed.
(k) A person has not been convicted of a crime of domestic violence
for purposes of subsection (h) if the conviction has been expunged or
if the person has been pardoned.
(l) The right to possess a firearm shall be restored to a person whose
conviction is reversed on appeal or on post-conviction review at the
earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the
post-conviction proceeding.
SOURCE: IC 33-28-4-8.3; (06)SB0232.1.3. -->
SECTION 3. IC 33-28-4-8.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 8.3. (a) If a person:
(1) is summoned to serve as a juror; and
(2) notifies the person's employer of the jury summons within
a reasonable period:
(A) after receiving the jury summons; and
(B) before the person appears for jury service;
the person's employer 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
vacation or sick leave for time spent:
(1) responding to a summons for jury service;
(2) participating in the jury selection process; or
(3) serving on a jury.
This subsection does not require an employer to provide annual
vacation or sick leave to an employee who is not otherwise entitled
to these benefits.
SOURCE: IC 33-28-5-18; (06)SB0232.1.4. -->
SECTION 4. IC 33-28-5-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18. (a) The supervising
judge or the jury commissioner shall determine solely on the basis of
information provided on a juror qualification form or interview with a
prospective juror whether the prospective juror is disqualified for jury
service. The jury commissioner shall enter this determination in the
space provided on the juror qualification form or electronic data
processing facsimile and on the alphabetical list of names drawn from
the master list.
(b) A person may not be automatically excused under this chapter.
Upon request of a prospective juror, the supervising judge or jury
commissioner shall determine on the basis of information provided on:
(1) the juror qualification form;
(2) correspondence from the prospective juror; or
(3) an interview with the prospective juror;
whether the prospective juror may be excused from jury service. The
jury commissioner shall enter this determination in the space provided
on the juror qualification form.
(c) A person who is not disqualified for jury service may be excused
from jury service only
upon a showing of:
(1) undue hardship;
(2) extreme inconvenience; or
(3) public necessity;
until the time of the next drawing when the person is resummoned.
Appropriate records must be maintained by the jury commissioner to
facilitate resummoning. in accordance with IC 33-28-4-8.
(d) Requests for excuse, other than those accompanying the return
of the qualification form, must be made by the prospective juror in
writing to the jury commissioner not later than three (3) days before the
date when the prospective juror has been summoned to appear.
SOURCE: IC 33-28-5-24.3; (06)SB0232.1.5. -->
SECTION 5. IC 33-28-5-24.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 24.3. (a) If a person:
(1) is summoned to serve as a juror; and
(2) notifies the person's employer of the jury summons within
a reasonable period:
(A) after receiving the jury summons; and
(B) before the person appears for jury service;
the person's employer 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
vacation or sick leave for time spent:
(1) responding to a summons for jury service;
(2) participating in the jury selection process; or
(3) serving on a jury.
This subsection does not require an employer to provide annual
vacation or sick leave to an employee who is not otherwise entitled
to these benefits.
SOURCE: IC 33-28-6-17; (06)SB0232.1.6. -->
SECTION 6. IC 33-28-6-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 17. (a) The court or the
jury commissioner shall determine solely on the basis of information
provided on the juror qualification form or interview with the
prospective juror whether or not the prospective juror is disqualified for
jury service. The jury commissioner shall enter this determination in
the space provided on the juror qualification form or electronic data
processing facsimile and on the alphabetical list of names drawn from
the master list.
(b) A prospective juror is disqualified to serve on a jury if the
prospective juror:
(1) is not a citizen of the United States, at least eighteen (18)
years of age, and a resident of the county;
(2) is unable to read, speak, and understand the English language
with a degree of proficiency sufficient to fill out satisfactorily the
juror qualification form;
(3) is incapable, by reasons of a physical or mental disability, of
rendering satisfactory jury service; or
(4) has had the prospective juror's rights revoked by reason of a
felony conviction and not restored.
(c) A person claiming a disqualification under subsection (b)(3) may
be required to submit a physician's or an authorized Christian Science
practitioner's certificate as to the disability. The court may subject the
certifying physician or practitioner to inquiry.
(d) The court shall determine whether a prospective juror is
qualified to serve, or, if disabled but otherwise qualified, whether
the prospective juror could serve with reasonable accommodation.
A person who is not eligible for jury service may not serve. To
serve as a juror, a person must state under oath or affirmation that
the person meets all the following requirements:
(1) The person is a citizen of the United States.
(2) The person is at least eighteen (18) years of age.
(3) The person is a resident of the summoning county.
(4) The person is able to read, speak, and understand the
English language.
(5) The person is not suffering from a physical or mental
disability that prevents the person from rendering
satisfactory jury service.
(6) The person is not under a guardianship because of mental
incapacity.
(7) The person has not had the right to vote revoked by reason
of a felony conviction (unless the right to vote has been
restored).
(8) If the trial is for a criminal case, the person is not a law
enforcement officer.
(e) A person who has completed a term of jury service in the
year preceding the date of the person's summons may claim
exemption from jury service.
(f) The facts supporting juror disqualification or exemption
must be recorded under oath or affirmation. A disqualification or
an exemption is not authorized unless supported by the facts.
SOURCE: IC 33-28-6-21; (06)SB0232.1.7. -->
SECTION 7. IC 33-28-6-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 21. (a) Except as
provided in section 19 section 17 of this chapter, a person may not be
automatically excused under this chapter. The chief judge or jury
commissioner, upon request of a prospective juror, shall determine on
the basis of information provided on the juror qualification form,
correspondence from the prospective juror, or interview with the
prospective juror whether the prospective juror should be excused from
jury service. The jury commissioner shall enter this determination in
the space provided on the juror qualification form.
(b) A person who is not disqualified for jury service may be excused
from jury service for not more than one (1) year only upon a showing
of undue hardship, extreme inconvenience, or public necessity. until
the time of the next drawing at which time the person will be
resummoned. in accordance with IC 33-28-4-8. The facts supporting
an excuse from jury service under this section must be recorded
under oath or affirmation. An excuse from jury service is not
authorized unless supported by the facts. Appropriate records shall
be maintained by the jury commissioner to facilitate a resummoning.
(c) Requests for excuse, other than those accompanying return of
the qualification form, shall be made by the prospective juror in writing
to the presiding judge not later than three (3) weeks before the date
upon which the prospective juror has been summoned to appear.
SOURCE: IC 33-28-6-25.3; (06)SB0232.1.8. -->
SECTION 8. IC 33-28-6-25.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 25.3. (a) If a person:
(1) is summoned to serve as a juror; and
(2) notifies the person's employer of the jury summons within
a reasonable period:
(A) after receiving the jury summons; and
(B) before the person appears for jury service;
the person's employer 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
vacation or sick leave for time spent:
(1) responding to a summons for jury service;
(2) participating in the jury selection process; or
(3) serving on a jury.
This subsection does not require an employer to provide annual
vacation or sick leave to an employee who is not otherwise entitled
to these benefits.
SOURCE: IC 33-28-6-19; (06)SB0232.1.9. -->
SECTION 9. IC 33-28-6-19 IS REPEALED [EFFECTIVE JULY 1,
2006].