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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 - 2003
IN 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