2003 Legislation
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SENATE BILL NO. 1007 – Jurors, prospective, code reference


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
  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
  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 / Fiscal Impact

                      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