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S1011................................................by JUDICIARY AND RULES
JURY SELECTION/SERVICE - Amends existing law relating to jury selection and
service to provide correct terminology and to make technical corrections.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 30-0-4(1 vacant)
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Branch, Darrington, Lee, Risch
Vacant -- Dist. #4
Floor Sponsor - Stegner
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rls susp - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer,
Sellman, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Chase, Kunz, Moss, Sali, Shepherd, Smith, Wood
Floor Sponsor -- Roberts
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed
Sp signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 120
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1011
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO JURY SELECTION AND SERVICE; AMENDING SECTION 2-210, IDAHO CODE, TO
3 PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTIONS 2-213 AND 2-216, IDAHO
4 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 2-210, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 2-210. NAMES PLACED IN QUALIFIED JURY WHEEL -- DRAWING PANELS -- NOTICE
9 TO PERSONS DRAWN -- SUMMONING ADDITIONAL PETIT TRIAL JURORS -- NAMES DRAWN TO
10 BE PUBLIC -- EXCEPTION. (1) The jury commission shall maintain a qualified
11 jury wheel and shall place therein the names or identifying numbers of all
12 prospective jurors drawn from the master jury wheel who are not disqualified
13 under section 2-209, Idaho Code.
14 (2) The court or any other state or county official having authority to
15 conduct a trial or hearing with a jury within the county may direct the jury
16 commission to draw and assign to that court or official the number of quali-
17 fied jurors he deems necessary for one (1) or more jury panels or as required
18 by law for a grand jury. Upon receipt of the direction and in a manner pre-
19 scribed by the court, the jury commission shall publicly draw at random from
20 the qualified jury wheel the number of qualified jurors specified. The quali-
21 fied jurors drawn for jury service shall be assigned at random by the clerk to
22 each jury panel in a manner prescribed by the court.
23 (3) If a grand, petit trial, or other jury is ordered to be drawn, the
24 clerk thereafter shall cause each person drawn for jury service to be served
25 with a summons either personally or by first class mail or certified mail,
26 return receipt requested, addressed to him at his usual residence, business,
27 or post-office address, requiring him to report for jury service at a speci-
28 fied time and place.
29 (4) If there is an unanticipated shortage of available petit trial jurors
30 drawn from a qualified jury wheel, the court may require the sheriff to summon
31 a sufficient number of petit trial jurors selected at random by the clerk from
32 the qualified jury wheel in a manner prescribed by the court.
33 (5) The names of qualified jurors drawn from the qualified jury wheel and
34 the contents of jury qualification forms completed by those jurors shall be
35 made available to the public and shall be subject to disclosure according to
36 chapter 3, title 9, Idaho Code.
37 SECTION 2. That Section 2-213, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 2-213. STAY OF PROCEEDINGS OR QUASHING INDICTMENT FOR IRREGULARITY IN
40 SELECTING JURY -- EVIDENCE IN SUPPORT OF MOTION -- REMEDIES EXCLUSIVE -- CON-
41 TENTS OF RECORDS NOT TO BE DISCLOSED. (1) Within seven (7) days after the
2
1 moving party discovered or by the exercise of diligence could have discovered
2 the gounds grounds therefor, and in any event before the petit trial jury is
3 sworn to try the case, a party may move to stay the proceedings, and in a
4 criminal case to quash the indictment, or for other appropriate relief, on the
5 ground of substantial failure to comply with this act in selecting the grand
6 or petit trial jury.
7 (2) Upon motion filed under subsection (1) of this section containing a
8 sworn statement of facts which, if true, would constitute a substantial fail-
9 ure to comply with this act, the moving party is entitled to present in sup-
10 port of the motion the testimony of the jury commissioner or the clerk, any
11 relevent relevant records and papers not public or otherwise available used by
12 the jury commissioner or the clerk, and any other relevant evidence. If the
13 court determines that in selecting either a grand jury or a petit trial jury
14 there has been a substantial failure to comply with this act, the court shall
15 stay the proceedings pending the selection of the jury in conformity with this
16 act, quash an indictment, or grant other appropriate relief.
17 (3) The procedures prescribed by this section are the exclusive means by
18 which a person accused of a crime, the state, or a party in a civil case may
19 challenge a jury on the ground that the jury was not selected in conformity
20 with this act.
21 (4) The contents of any records or papers used by the jury commissioner
22 or the clerk in connection with the selection process and not made public
23 under subsection (3) of section 2-206, Idaho Code, and subsection (5) of sec-
24 tion 2-210, Idaho Code, shall not be disclosed, except in connection with the
25 preparation or presentation of a motion under subsection (1) of this section,
26 until after the master jury wheel has been emptied and refilled (section
27 2-207, Idaho Code) and all persons selected to serve as jurors before the mas-
28 ter jury wheel was emptied have been discharged. The parties in a case may
29 inspect, reproduce, and copy the records or papers at all reasonable times
30 during the preparation and pendency of a motion under subsection (1) of this
31 section.
32 SECTION 3. That Section 2-216, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 2-216. LIMITATION ON REQUIRED JURY SERVICE. In any two (2) year period a
35 person shall not be required:
36 (1) To serve or attend court for prospective service as a petit trial
37 juror more than ten (10) court days, except if necessary to complete service
38 in a particular case:;
39 (2) To be available for jury service for a period to exceed six (6)
40 months; provided however, that the administrative district judge for the judi-
41 cial district in which a county is located may by order specify a shorter term
42 of required availability for jury service;
43 (3) To serve on more than one (1) grand jury; or
44 (4) To serve as both a grand and petit trial juror.
45 Appearance for jury service, whether or not the roll is called, shall be
46 credited toward required jury service.
STATEMENT OF PURPOSE
RS10587
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 I.C. 2-210, 2-213, and 2-216 of the Uniform
Jury Selection and Service Act to eliminate the archaic term "petit
jury" to refer to a trial jury.
A petit jury is a group of citizens summoned and empanelled in
the trial of a specific case. The public understands what a trial
jury is and the functions it performs. However, the term "petit jury"
is not a familiar one and the public does not understand that it
means a trial jury.
As a matter of public convenience, this measure substitutes the
more modern, familiar, and readily understood term "trial jury" for
the term "petit jury".
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 S 101