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S1007...................................................by JUDICIARY AND RULES JURORS - Amends existing law relating to prospective jurors to provide a correct subsection reference. 01/16 Senate intro - 1st rdg - to printing 01/17 Rpt prt - to Jud 01/23 Rpt out - rec d/p - to 2nd rdg 01/24 2nd rdg - to 3rd rdg 01/28 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Sweet Title apvd - to House 01/28 House intro - 1st rdg - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 68-0-2 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst(Wallace), Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Crow, Gagner Floor Sponsor - Bieter Title apvd - to Senate 03/12 To enrol 03/13 Rpt enrol - Pres signed 03/14 Sp signed 03/17 To Governor 03/21 Governor signed Session Law Chapter 116 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1007 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PROSPECTIVE JURORS; AMENDING SECTION 2-208, IDAHO CODE, TO PROVIDE 3 A CORRECT SUBSECTION REFERENCE. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 2-208, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 2-208. NAMES DRAWN FROM MASTER JURY WHEEL -- QUALIFICATION FORMS FOR PRO- 8 SPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO APPEAR -- CRIMINAL CONTEMPT 9 -- PENALTY FOR MISREPRESENTATION. (1) From time to time and in a manner pre- 10 scribed by the administrative judge the jury commission publicly shall draw at 11 random from the master jury wheel the names or identifying numbers of as many 12 prospective jurors as the administrative judge by order requires. The clerk or 13 the jury commissioner shall prepare an alphabetical list of the names drawn. 14 Neither the names drawn nor the list shall be disclosed to any person except 15 upon specific order of the trial judge. The clerk or the jury commissioner 16 shall mail to every prospective juror whose name is drawn from the master jury 17 wheel a juror qualification form accompanied by instructions to fill out and 18 return the form by mail to the clerk or the jury commissioner within ten (10) 19 days after its receipt. The juror qualification form shall be subject to 20 approval by the administrative judge as to matters of form and shall elicit 21 the name, address of residence, and age of the prospective juror and whether 22 the prospective juror: (a) is a citizen of the United States of America and a 23 resident of the county, (b) is able to read, speak and understand the English 24 language, (c) has any disability impairing his capacity to render satisfactory 25 jury service, and (d) has lost the right to vote because of a felony criminal 26 conviction and has not had that right restored. The juror qualification form 27 shall contain the prospective juror's declaration that his responses are true 28 to the best of his knowledge and his acknowledgment that a willful misrepre- 29 sentation of a material fact may be punished as a misdemeanor. Notarization of 30 the juror qualification form shall not be required. If the prospective juror 31 is unable to fill out the form, another person may do it for him and shall 32 indicate that he has done so and the reason therefor. If it appears there is 33 an omission, ambiguity, or error in a returned form, the clerk or the jury 34 commissioner shall again send the form with instructions to the prospective 35 juror to make the necessary addition, clarification, or correction and to 36 return the form to the jury commission within ten (10) days after its second 37 receipt. 38 (2) Any prospective juror who fails to return a completed juror qualifi- 39 cation form as instructed shall be directed by the jury commission to appear 40 forthwith before the clerk or the jury commissioner to fill out the juror 41 qualification form. At the time of his appearance for jury service, or at the 42 time of any interview before the court, clerk, or the jury commissioner, any 43 prospective juror may be required to fill out another juror qualification form 2 1 in the presence of the court, clerk, or the jury commissioner, at which time 2 the prospective juror may be questioned, but only with regard to his responses 3 to questions contained on the form and grounds for his excuse or disqualifica- 4 tion. Any information thus acquired by the court, clerk, or the jury commis- 5 sioner shall be noted on the juror qualification form. 6 (3) A prospective juror who fails to appear as directed by the commis- 7 sion, pursuant to subsection (12) of this section shall be ordered by the 8 court to appear and show cause for his failure to appear as directed. If the 9 prospective juror fails to appear pursuant to the court's order or fails to 10 show good cause for his failure to appear as directed by the jury commission, 11 he is guilty of contempt and upon conviction may be fined not more than one 12 hundred dollars ($100) or imprisoned not more than three (3) days, or both, 13 and postponed to a new jury term as set by the presiding judge. 14 (4) Any person who willfully misrepresents a material fact on a juror 15 qualification form for the purpose of avoiding or securing service as a juror 16 is guilty of a misdemeanor.
STATEMENT OF PURPOSE RS 12515 This bill is one of a series of bills that the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required under article V, section 25 of the Idaho Constitution. This bill corrects a typographical error in Section 2-208, Idaho Code, relating to the qualification of prospective jurors for jury duty. Section 2-208(2), Idaho Code, provides that any prospective juror who fails to return a juror qualification form which furnishes certain information about the juror may be required to appear before the clerk or jury commissioner to complete the form. Subsection (3) of Section 2- 208 provides that any prospective juror who fails to appear as directed by the jury commission "pursuant to subsection (1) of this Section" shall be ordered by the court to appear and show cause why the prospective juror should not be subject to certain sanctions for the non-appearance. Subsection (1), however, does not require a juror's appearance before the clerk or jury commissioner, it is subsection (2) that does this. This bill amends subsection (3) to refer to subsection (2), not subsection (1). FISCAL NOTE This bill will not have an impact on state or local funds. Contact Person: Patricia Tobias Administrative Director of the Courts Idaho Supreme Court (208) 334-2246 Statement of Purpose/Fiscal Note S1007