January 30, 2009





HOUSE BILL No. 1686

_____


DIGEST OF HB 1686 (Updated January 27, 2009 12:55 pm - DI 107)



Citations Affected: IC 33-28.

Synopsis: Senior citizen jury exemption. Provides that an individual at least 75 years of age may be exempted from jury duty if the individual requests an exemption from jury duty.

Effective: July 1, 2010.





Bosma, Lawson L




    January 16, 2009, read first time and referred to Committee on Judiciary.
    January 29, 2009, amended, reported _ Do Pass.






January 30, 2009

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1686



    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 33-28-5-18; (09)HB1686.1.1. -->     SECTION 1. IC 33-28-5-18, AS AMENDED BY P.L.118-2007, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010] : Sec. 18. (a) The supervising judge or the jury administrator 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. The facts supporting juror disqualification or exemption must be recorded under oath or affirmation. A disqualification or exemption is not authorized unless supported by the facts. The jury administrator shall make a record of all disqualifications.
    (b) 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) A guardian has been appointed for the person under IC 29-3 because the person has a mental incapacity.
        (5) The person has had the right to vote revoked by reason of a felony conviction and the right has not been restored.
    (c) 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 administrator:
            (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.
     (d) A prospective juror who is at least seventy-five (75) years of age may be exempted from jury service if the prospective juror notifies the jury administrator that the prospective juror is at least seventy-five (75) years of age and wishes to be exempted from jury service. The jury administrator may require some proof of the age of the prospective juror before the prospective juror is exempted from jury service.
    (d) (e) 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 in a case that resulted in a verdict. The fact that a person's selection as a juror would violate this subsection is sufficient cause for challenge.
    (e) (f) 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.
    (f) (g) The same petit jurors may be used in civil cases and in criminal cases.
    (g) (h) A person may not be excluded from jury service on account of race, color, religion, sex, national origin, or economic status.