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S1290................................................by JUDICIARY AND RULES
JURY SELECTION - Amends existing law to provide that a jury is selected
from citizens of a particular county.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 28-0-7
AYES--Boatright, Bunderson, Burtenshaw, Crow, Danielson, Darrington,
Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Noh, Parry, Richardson, Riggs, Risch,
Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Andreason, Branch, Cameron, Lee, McLaughlin,
Sandy, Stennett
Floor Sponsor - Davis
Title apvd - to House
02/07 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bieter, Boe, Bruneel, Callister, Chase,
Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stoicheff, Stone, Taylor, Tilman, Trail,
Wheeler, Zimmermann
NAYS -- None
Absent and excused -- Alltus, Bell, Black, Campbell, Crow, Gould,
Stevenson, Wood, Mr Speaker
Floor Sponsor - Boe
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 Sp signed - to Governor
03/29 Governor signed
Session Law Chapter 70
Effective: 07/01/00
S1290
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1290
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO JURIES; AMENDING SECTION 2-101, IDAHO CODE, TO PROVIDE THAT A JURY
3 IS SELECTED FROM CITIZENS OF A PARTICULAR COUNTY; AMENDING SECTION 2-104,
4 IDAHO CODE, TO PROVIDE THAT A TRIAL JURY IS SELECTED FROM CITIZENS OF A
5 PARTICULAR COUNTY; AMENDING SECTION 2-106, IDAHO CODE, TO PROVIDE THAT A
6 JURY OF INQUEST IS SUMMONED FROM CITIZENS OF A PARTICULAR COUNTY AND TO
7 CORRECT NOMENCLATURE; AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 2-101, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 2-101. JURY DEFINED. A jury is a body of men or women, or both, temporar-
12 ily selected from the citizens of a particular district county and invested
13 with power to present or indict a person for a public offense or to try a
14 question of fact.
15 SECTION 2. That Section 2-104, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 2-104. TRIAL JURY DEFINED -- VERDICT IN CIVIL ACTIONS. A trial jury is a
18 body of men or women, or both, returned from the citizens of a particular dis-
19 trict county before a court or officer of competent jurisdiction and sworn to
20 try and determine by a verdict a question of fact. Three-fourths (3/4) of the
21 jury may render a verdict in a civil action, and such verdict shall have the
22 same effect as a unanimous verdict.
23 SECTION 3. That Section 2-106, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 2-106. JURY OF INQUEST DEFINED. A jury of inquest is a body of men or
26 women, or both, summoned from the citizens of a particular district county,
27 before the sheriff, coroner, or other ministerial officer to inquire of par-
28 ticular facts.
29 SECTION 4. This act shall be in full force and effect on and after July
30 1, 2000.
STATEMENT OF PURPOSE
RS 09494
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report of "defects in the laws" to the
Governor as required under article V, section 25 of the Idaho
Constitution. This bill amends Idaho Code 2-101, 2-104, and 2-106
which define a jury as citizens selected "from a particular district"
to change the definition to citizens selected "from a particular
county". These proposed amendments will make these sections, which
can be traced back to 1881, agree with the more recent Uniform Jury
Selection and Service Act which provides that juries are drawn from
residents of the county.
FISCAL NOTE
This bill will not have an impact on state or county funds.
Contact Person: Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1290