2005 Legislation
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HOUSE BILL NO. 245 – Juries, lists/questionnaire/records

HOUSE BILL NO. 245

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Bill Status



H0245......................................................by STATE AFFAIRS
JURIES - Amends existing law relating to juries to revise definitions; to
remove a time limit applicable to jury commissioners; to revise provisions
applicable to master jury lists; to revise provisions applicable to the
updating of master jury lists; to revise provisions applicable to the
drawing of names from master jury lists; to provide for the serving of
summons; to provide for the mailing and completion of qualification
questionnaire forms; to increase the fine for failing to appear as directed
by the jury commission; to provide for confidentiality; to provide for the
manner in which a qualification questionnaire form may be completed and
returned; to set forth provisions applicable to disqualification; to revise
provisions applicable to the drawing of names from master jury lists; to
provide that no exemptions for any qualified prospective juror may be
granted; to provide that certain persons aged seventy years or older may be
permanently excused and reinstated; to provide that certain records and
papers shall be preserved for a minimum period of four years; and to
increase the penalty for evasion of jury service.
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 65-2-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon,
      Clark, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- Mathews, Nielsen
      Absent and excused -- Cannon, Deal, Lake
    Floor Sponsor - Shirley
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 31-0-3, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Williams
      NAYS -- None
      Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
      vacant)
    Floor Sponsor - Kelly
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/28    Governor signed
         Session Law Chapter 190
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 245
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JURIES; AMENDING SECTION 2-204, IDAHO CODE, TO REVISE  DEFINITIONS
  3        AND  TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2-205, IDAHO CODE, TO
  4        REMOVE A TIME LIMIT APPLICABLE TO  JURY  COMMISSIONERS;  AMENDING  SECTION
  5        2-206,  IDAHO  CODE,  TO REVISE PROVISIONS APPLICABLE TO MASTER JURY LISTS
  6        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2-207, IDAHO CODE,  TO
  7        REVISE  DESCRIPTIVE  LANGUAGE  AND  TO REVISE PROVISIONS APPLICABLE TO THE
  8        UPDATING OF MASTER JURY LISTS; AMENDING  SECTION  2-208,  IDAHO  CODE,  TO
  9        REVISE  DESCRIPTIVE  LANGUAGE  AND  TO REVISE PROVISIONS APPLICABLE TO THE
 10        DRAWING OF NAMES FROM MASTER JURY LISTS, TO PROVIDE  FOR  THE  SERVING  OF
 11        SUMMONS,  TO PROVIDE FOR THE MAILING AND COMPLETION OF QUALIFICATION QUES-
 12        TIONNAIRE FORMS, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE A CORRECT CODE
 13        REFERENCE, TO INCREASE THE FINE FOR FAILING TO APPEAR AS DIRECTED  BY  THE
 14        JURY  COMMISSION,  TO  PROVIDE  FOR CONFIDENTIALITY AND TO PROVIDE FOR THE
 15        MANNERS IN WHICH A QUALIFICATION QUESTIONNAIRE FORM MAY BE  COMPLETED  AND
 16        RETURNED;  AMENDING  SECTION  2-209, IDAHO CODE, TO PROVIDE A REFERENCE TO
 17        ADMINISTRATIVE DISTRICT JUDGES AND THEIR DESIGNEES, TO REVISE TERMINOLOGY,
 18        TO REFERENCE APPLICABLE LAW AND TO SET FORTH PROVISIONS APPLICABLE TO DIS-
 19        QUALIFICATION; AMENDING SECTION 2-210, IDAHO CODE, TO  REVISE  DESCRIPTIVE
 20        LANGUAGE,  TO  REVISE  TERMINOLOGY, TO REVISE PROVISIONS APPLICABLE TO THE
 21        DRAWING OF NAMES FROM MASTER JURY LISTS AND TO PROVIDE FOR THE  COMPLETION
 22        OF  THE  JUROR SUMMONS AND QUALIFICATION QUESTIONNAIRE FORM; AMENDING SEC-
 23        TION 2-211, IDAHO CODE, TO PROVIDE THAT NO EXEMPTIONS  FOR  ANY  QUALIFIED
 24        PROSPECTIVE  JUROR  MAY BE GRANTED; AMENDING SECTION 2-212, IDAHO CODE, TO
 25        REVISE TERMINOLOGY,  TO  PROVIDE  FOR  THE  MAINTENANCE  OF  DETERMINATION
 26        RECORDS,  TO  PROVIDE THAT CERTAIN PERSONS AGED SEVENTY YEARS OR OLDER MAY
 27        BE PERMANENTLY EXCUSED AND REINSTATED, TO PROVIDE FOR A WRITTEN  STATEMENT
 28        SETTING  FORTH  THE  REASON  A PERSON IS REQUESTING A POSTPONEMENT AND THE
 29        ANTICIPATED DATE THE REASON WILL NO LONGER EXIST AND  TO  REFERENCE  POST-
 30        PONEMENTS  THAT  ARE  GRANTED; AMENDING SECTION 2-213, IDAHO CODE, TO MAKE
 31        TECHNICAL CHANGES AND TO REVISE CODE REFERENCES; AMENDING  SECTION  2-214,
 32        IDAHO  CODE, TO PROVIDE THAT CERTAIN RECORDS AND PAPERS SHALL BE PRESERVED
 33        FOR A MINIMUM PERIOD OF FOUR YEARS;  AND  AMENDING  SECTION  2-217,  IDAHO
 34        CODE, TO INCREASE THE PENALTY FOR EVASION OF JURY SERVICE.
                                                                        
 35    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 36        SECTION  1.  That  Section  2-204,  Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        2-204.  DEFINITIONS. As used in this act chapter:
 39        (1)  "Court" means district courts of this  state,  including  the  magis-
 40    trates  division,  and  includes,  when the context requires, any judge of the
 41    court;
 42        (2)  "Clerk" and "clerk of the court" mean the  duly  elected  and  acting
 43    clerk  of  the  district  court  and  ex officio auditor and recorder and duly
                                                                        
                                           2
                                                                        
  1    appointed deputies;
  2        (3)  "Master jury list" means the voter registration lists for the  county
  3    which  shall be supplemented with names from other sources prescribed pursuant
  4    to this act (section 2-206, Idaho Code), in order to  foster  the  policy  and
  5    protect the rights secured by this act (sections 2-202 and 2-203, Idaho Code);
  6        (4)  "Voter  registration  lists" means the most current official records,
  7    maintained by the county clerk, of persons registered to vote in any national,
  8    state, county, or municipal election;
  9        (5)  "Jury wheel selection system" means any physical device or electronic
 10    automated system for the storage management of the names or  identifying  num-
 11    bers of prospective jurors;
 12        (6)  "Master jury wheel" means the jury wheel in which are placed names or
 13    identifying  numbers of prospective jurors taken from the master list (section
 14    2-207, Idaho Code);
 15        (7)  "Qualified "Prospective jury wheel panel" means  the  jury  wheel  in
 16    which  are placed the list of names or identifying numbers of prospective jur-
 17    ors whose names are drawn at random from the master jury wheel  list  pursuant
 18    to (section 2-208, Idaho Code), and who are not disqualified pursuant to (sec-
 19    tion 2-209, Idaho Code).
                                                                        
 20        SECTION  2.  That  Section  2-205,  Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        2-205.  JURY COMMISSIONS ESTABLISHED -- COMPOSITION --  QUALIFICATIONS  OF
 23    COMMISSIONERS  --  EXPENSES AND COMPENSATION. A jury commission is established
 24    in each county to manage the jury selection process under the supervision  and
 25    control  of  the  court. The jury commission shall be composed of the clerk of
 26    the district court and a jury commissioner appointed for a  term  of  two  (2)
 27    years  by  the administrative judge. The jury commissioner shall serve until a
 28    successor is appointed and qualifies. The jury commissioner must be a  citizen
 29    of  the  United  States and a resident in the county in which the jury commis-
 30    sioner serves. The jury commissioner may be  reimbursed  for  travel,  subsis-
 31    tence,  and  other necessary expenses incurred in the performance of jury com-
 32    mission duties and may receive compensation at a per diem rate  fixed  by  the
 33    administrative  judge and payable from county funds, if not otherwise a county
 34    employee.
                                                                        
 35        SECTION 3.  That Section 2-206, Idaho Code, be, and  the  same  is  hereby
 36    amended to read as follows:
                                                                        
 37        2-206.  MASTER  JURY LIST OF REGISTERED VOTERS -- SUPPLEMENTATION BY OTHER
 38    LISTS DESIGNATED BY SUPREME COURT -- LIST AVAILABLE TO COMMISSION --  OPEN  TO
 39    PUBLIC  INSPECTION.  (1) The jury commission for each county shall compile and
 40    maintain a master jury list consisting of all the current  voter  registration
 41    lists for the county supplemented with names from other lists of persons resi-
 42    dent  therein,  such  as lists of utility customers, property taxpayers, motor
 43    vehicle registrations, and drivers' licenses, and state identification  cards,
 44    which  the supreme court from time to time designates. The supreme court shall
 45    initially designate the other lists within  ninety  (90)  days  following  the
 46    effective  date  of this act and exercise the authority to designate from time
 47    to time in order to foster the policy and protect the rights secured  by  sec-
 48    tions 2-202 and 2-203, Idaho Code.
 49        (2)  In  compiling  the  master  jury list the jury commission shall avoid
 50    duplication of names.
 51        (23)  Whoever has custody, possession, or control of any of the lists mak-
                                                                        
                                           3
                                                                        
  1    ing up or used in compiling the master jury list, including  those  designated
  2    under  subsection  (1)  of  this section by the supreme court as supplementary
  3    sources of names, shall make the list available to electronically transfer the
  4    list, including any changes, deletions and additions, and at  the  request  of
  5    the  jury  commission, the custodian shall prepare a hard copy of the list and
  6    make the custodian's records, from which the list was compiled, available  for
  7    inspection, reproduction, and copying at all reasonable times.
  8        (34)  The  master jury list shall be open to the public for examination as
  9    provided by supreme court rule.
                                                                        
 10        SECTION 4.  That Section 2-207, Idaho Code, be, and  the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        2-207.  MASTER  JURY WHEEL LIST -- MANNER OF SELECTING NAMES FOR UPDATING.
 13    (1) The jury commission for each county shall maintain a  master  jury  wheel,
 14    into which the commission shall place the names or identifying numbers of pro-
 15    spective jurors taken from the master list. If the total number of prospective
 16    jurors  on the master list is one thousand (1,000) or less, the names or iden-
 17    tifying numbers of all of them shall be placed in the master  jury  wheel.  In
 18    all  other  cases, the number of prospective jurors to be placed in the master
 19    jury wheel shall be one thousand (1,000) plus not less than one  percent  (1%)
 20    of the total number of names on the master list. From Updated information from
 21    the  lists  of voter registration, drivers' licenses, and state identification
 22    cards, including any changes, deletions and additions, shall be  made  to  the
 23    master  jury  list  from  time to time a larger or additional number may be as
 24    determined by the jury commission or as ordered by the  administrative  judge,
 25    to be placed in the master jury wheel. In but at a minimum not less frequently
 26    than  December  of each odd-numbered year, or more frequently as determined by
 27    the administrative judge of a judicial district, the wheel  shall  be  emptied
 28    and refilled as prescribed in this act.
 29        (2)  Unless  all the names on the master list are to be placed in the mas-
 30    ter jury wheel pursuant to subsection (1) of this section, the names or  iden-
 31    tifying  numbers  of  prospective jurors to be placed in the master jury wheel
 32    shall be selected by the jury commission at random from the master list in the
 33    following manner: the total number of  names  on  the  master  list  shall  be
 34    divided  by  the  number  of  names to be placed in the master jury wheel; the
 35    whole number nearest the quotient shall be the "key number," except  that  the
 36    key  number  shall  never  be  less than 2. A "starting number" for making the
 37    selection shall then be determined by a random method from the numbers from  1
 38    to the key number, both inclusive. The required number of the names shall then
 39    be selected from the master list by taking in order the first name on the mas-
 40    ter  list corresponding to the starting number and then successively the names
 41    appearing  in  the  master  list  at  intervals  equal  to  the  key   number,
 42    recommencing  if  necessary at the start of the list until the required number
 43    of names has been selected. Upon recommencing at the start of the list, or  if
 44    additional  names  are  subsequently to be selected for the master jury wheel,
 45    names previously selected from the master list shall be disregarded in select-
 46    ing the additional names. The jury commission may use an electronic or mechan-
 47    ical system or device in carrying out its duties In  the  alternative,  or  in
 48    addition  to the procedure set forth in subsection (1) of this section, and if
 49    ordered by the administrative judge, in December of each odd-numbered year, or
 50    more frequently as determined by the administrative  judge,  the  master  jury
 51    list shall be emptied and refilled as prescribed in section 2-206, Idaho Code.
                                                                        
 52        SECTION  5.  That  Section  2-208,  Idaho Code, be, and the same is hereby
                                                                        
                                           4
                                                                        
  1    amended to read as follows:
                                                                        
  2        2-208.  NAMES RANDOMLY DRAWN FROM MASTER JURY WHEEL LIST --  QUALIFICATION
  3    QUESTIONNAIRE  FORMS  FOR PROSPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO
  4    APPEAR -- CRIMINAL CONTEMPT -- PENALTY FOR MISREPRESENTATION. (1) From time to
  5    time and in a manner prescribed by the administrative judge the  jury  commis-
  6    sion  publicly  shall  draw  at random from the master jury wheel the names or
  7    identifying numbers of as many prospective jurors as the administrative  judge
  8    by  order requires. The clerk or the jury commissioner shall prepare an alpha-
  9    betical list of the names drawn The court or any other state or  county  offi-
 10    cial  having  authority  to  conduct a trial or hearing with a jury within the
 11    county may direct the jury commission to draw and  assign  to  that  court  or
 12    official  the  number of qualified jurors deemed necessary for one (1) or more
 13    jury panels or as required by law for a grand jury. Upon receipt of the direc-
 14    tion and in a manner prescribed by the court, the jury commission  shall  pub-
 15    licly  draw  at  random,  by use of a manual, mechanical, or automated system,
 16    from the master jury list the number of prospective jurors specified.  Neither
 17    the names drawn nor the list shall be disclosed to any person except upon spe-
 18    cific order of the trial presiding judge.
 19        (2)  Each person on the prospective jury panel shall be served with a sum-
 20    mons,  issued  by the clerk of the court or the jury commissioner. The summons
 21    shall be served either personally, or  by  regular  mail  or  certified  mail,
 22    addressed  to the prospective juror at that person's usual residence, business
 23    or post office address.
 24        (3)  The clerk or the jury commissioner shall mail  to  every  prospective
 25    juror  whose  name is drawn from the master jury wheel a juror a qualification
 26    questionnaire form, accompanied by instructions, addressed to the  prospective
 27    jurors at their usual residence, business or post office address. The qualifi-
 28    cation  questionnaire  form  may be sent together with the summons in a single
 29    mailing to a prospective juror. The qualification questionnaire form shall  be
 30    in  a  form  prescribed  by the supreme court. The qualification questionnaire
 31    form accompanied by instructions to fill out must be completed and return  the
 32    form  by  mail  returned to the clerk or the jury commissioner within ten (10)
 33    days after its receipt from the date of mailing. The juror qualification ques-
 34    tionnaire form shall be subject to approval by the administrative judge as  to
 35    matters  of  form  and shall elicit the name, address of residence, and age of
 36    the prospective juror and whether the prospective juror: (a) is a  citizen  of
 37    the  United  States  of  America  and a resident of the county, (b) is able to
 38    read, speak and understand  the  English  language,  (c)  has  any  disability
 39    impairing  his  capacity to render satisfactory jury service, and (d) has lost
 40    the right to vote serve on a jury because of a felony criminal  conviction  as
 41    provided  by section 3, article VI, of the constitution of the state of Idaho,
 42    and who has not had that right been restored to the rights of citizenship pur-
 43    suant to section 18-310, Idaho Code, or other applicable law. The juror quali-
 44    fication questionnaire form shall contain the prospective juror's  declaration
 45    that  his  responses are true to the best of his knowledge and his acknowledg-
 46    ment that a willful misrepresentation of a material fact may be punished as  a
 47    misdemeanor.  Notarization  of the juror completed qualification questionnaire
 48    form shall not be required. If the prospective juror is  unable  to  fill  out
 49    complete  the  form,  another person may do it for him so on his or her behalf
 50    and shall indicate that he such person has done so and the reason therefor. If
 51    it appears there is an omission, ambiguity, or error in a returned  form,  the
 52    clerk  or the jury commissioner shall again send the form with instructions to
 53    the prospective juror to make the necessary addition, clarification,  or  cor-
 54    rection  and  to  return  the form to the jury commission within ten (10) days
                                                                        
                                           5
                                                                        
  1    after its second receipt mailing.
  2        (24)  Any prospective juror who fails to return a completed juror qualifi-
  3    cation questionnaire form as instructed shall be directed by the jury  commis-
  4    sion to appear forthwith before the clerk or the jury commissioner to fill out
  5    complete  the  juror  qualification  questionnaire  form.  At  the time of his
  6    appearance for jury service, or at the time of any interview before the court,
  7    clerk, or the jury commissioner, any prospective juror may be required to fill
  8    out complete another juror qualification questionnaire form in the presence of
  9    the court, clerk, or the jury commissioner,  at  which  time  the  prospective
 10    juror  may  be  questioned, but only with regard to his responses to questions
 11    contained on the form and grounds for  his  excuse  or  disqualification.  Any
 12    information  thus acquired by the court, clerk, or the jury commissioner shall
 13    be noted on the juror qualification questionnaire form.
 14        (35)  A prospective juror who fails to appear as directed by  the  commis-
 15    sion,  pursuant  to  subsection  (23)  of this section shall be ordered by the
 16    court to appear and show cause for his failure to appear as directed.  If  the
 17    prospective  juror  fails  to appear pursuant to the court's order or fails to
 18    show good cause for his failure to appear as directed by the jury  commission,
 19    he  is  guilty  of contempt and upon conviction may be fined not more than one
 20    three hundred dollars ($1300) or imprisoned not more than three (3)  days,  or
 21    both,  and  postponed  to a new jury term prospective jury panel as set by the
 22    presiding judge.
 23        (46)  Any person who willfully misrepresents a material fact  on  a  juror
 24    qualification  questionnaire form for the purpose of avoiding or securing ser-
 25    vice as a juror is guilty of a misdemeanor.
 26        (7)  The contents of the juror qualification questionnaire form  shall  be
 27    confidential to the extent provided by rules of the Idaho supreme court.
 28        (8)  The  clerk  or  the jury commissioner may provide an opportunity to a
 29    prospective juror to complete and return the qualification questionnaire  form
 30    through  electronic  mail,  facsimile transmission, or other reliable means of
 31    communication prior to mailing the qualification  questionnaire  form  to  the
 32    prospective juror. If the prospective juror completes and returns the qualifi-
 33    cation questionnaire form in such manner, the qualification questionnaire form
 34    need not be mailed to the prospective juror.
                                                                        
 35        SECTION  6.  That  Section  2-209,  Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        2-209.  DETERMINATION OF QUALIFICATION OF PROSPECTIVE JUROR --  QUALIFICA-
 38    TIONS  --  PHYSICIAN'S CERTIFICATE OF DISABILITY. (1) The court administrative
 39    district judge or administrative district judge's designee,  upon  request  of
 40    the  clerk  or the jury commissioner or a prospective juror or on its own ini-
 41    tiative, shall determine on the basis of information  provided  on  the  juror
 42    qualification  questionnaire  form  or interview with the prospective juror or
 43    other competent evidence whether:
 44        (a)  The prospective juror is not qualified to serve on a jury because  he
 45        or she is unable to read, speak, and understand the English language; or
 46        (b)  The  prospective juror is disqualified from service on a jury because
 47        of a disability which renders the prospective juror incapable of  perform-
 48        ing satisfactory jury service.; but a A person claiming this disqualifica-
 49        tion  shall be required to submit a physician's certificate as to the dis-
 50        ability, and the certifying physician is subject to inquiry by  the  court
 51        at its discretion.
 52        (2)  The  clerk  or  the jury commissioner shall determine on the basis of
 53    information provided on the juror qualification questionnaire form  or  inter-
                                                                        
                                           6
                                                                        
  1    view with the prospective juror or other competent evidence whether:
  2        (a)  The prospective juror is not qualified to serve on a jury because the
  3        person  is  not  a  citizen of the United States of America, eighteen (18)
  4        years of age, and a resident of the county; or
  5        (b)  The prospective juror is disqualified from serving on a jury  because
  6        the person has lost the right to vote because of a felony criminal convic-
  7        tion  as  provided  by  section  3, article VI, of the constitution of the
  8        state of Idaho, and who has not had that right reinstated been restored to
  9        the rights of citizenship pursuant to section 18-310, Idaho Code, or other
 10        applicable law.
 11        (3)  A person who is disqualified from serving on a jury on the  basis  of
 12    any  of the grounds set forth in subsections (1) and (2) of this section shall
 13    be excused from serving on a jury for a period of two (2) years following  the
 14    disqualification.  The  administrative  district judge, or a district judge or
 15    magistrate judge designated by the administrative district judge, may excuse a
 16    person disqualified under subsection (1)(b) of this section for  a  period  of
 17    time  greater  than  two (2) years, or may excuse such person permanently from
 18    serving on a jury. An order excusing such a person permanently or for a period
 19    of time greater than two (2) years shall be based upon a  finding  as  to  the
 20    nature  and duration of the disability, based upon the information provided in
 21    the qualification questionnaire form, an interview with the prospective juror,
 22    or other competent evidence.
                                                                        
 23        SECTION 7.  That Section 2-210, Idaho Code, be, and  the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        2-210.  NAMES  PLACED IN QUALIFIED PROSPECTIVE JURY WHEEL PANEL -- DRAWING
 26    PANELS -- NOTICE TO PERSONS DRAWN --  SUMMONING  ADDITIONAL  TRIAL  JURORS  --
 27    NAMES  DRAWN TO BE PUBLIC -- EXCEPTION. (1) The jury commission shall maintain
 28    a qualified prospective jury wheel panel and shall place therein the names  or
 29    identifying numbers of all prospective jurors drawn from the master jury wheel
 30    list who are not disqualified under section 2-209, Idaho Code.
 31        (2)  The  court  or any other state or county official having authority to
 32    conduct a trial or hearing with a jury within the county may direct  the  jury
 33    commission  to  draw and assign to that court or official the number of quali-
 34    fied jurors he deems necessary for one (1) or more jury panels or as  required
 35    by  law  for  a grand jury. Upon receipt of the direction and in a manner pre-
 36    scribed by the court, the jury commission shall publicly draw at  random  from
 37    the  qualified jury wheel the number of qualified jurors specified. The quali-
 38    fied jurors drawn for jury service shall be assigned at random by the clerk to
 39    each jury panel in a manner prescribed by the court.
 40        (3)  If a grand, trial, or other jury is ordered to be  drawn,  the  clerk
 41    thereafter  shall cause each person drawn for jury service to be served with a
 42    summons either personally or by first class mail  or  certified  mail,  return
 43    receipt requested, addressed to him at his usual residence, business, or post-
 44    office  address,  requiring him to report for jury service at a specified time
 45    and place.
 46        (4)  If there is an unanticipated shortage of available trial jurors drawn
 47    from a qualified prospective jury wheel panel, the court may require the sher-
 48    iff to summon a sufficient number of trial jurors selected at  random  by  the
 49    clerk from the qualified master  jury wheel list in a manner prescribed by the
 50    court.
 51        (5)  The jurors whose names of qualified jurors are  drawn from the quali-
 52    fied  master jury wheel and the contents of jury qualification forms completed
 53    by those jurors shall be made available to the public at the discretion of the
                                                                        
                                           7
                                                                        
  1    trial court list shall  be served with a summons and shall complete the quali-
  2    fication questionnaire form in the manner prescribed in section  2-208,  Idaho
  3    Code.
                                                                        
  4        SECTION  8.  That  Section  2-211,  Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        2-211.  NO EXEMPTIONS. No exemptions for any qualified  prospective  juror
  7    is exempt from jury service may be granted.
                                                                        
  8        SECTION  9.  That  Section  2-212,  Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        2-212.  EXCUSING OR POSTPONING JURY SERVICE -- INQUIRY BY COURT -- GROUNDS
 11    FOR EXCUSING OR POSTPONING. (1) The court, or a member of the jury  commission
 12    designated  by  the  court,  upon request of a prospective juror or on its own
 13    initiative, shall determine on the basis of information provided on the  juror
 14    qualification  questionnaire  form  or interview with the prospective juror or
 15    other competent evidence whether the prospective juror should be excused  from
 16    jury  service or have their jury service postponed. The clerk or the jury com-
 17    missioner shall enter this determination in the space provided  on  the  juror
 18    qualification form keep a record of this determination.
 19        (2)  A  person who is seventy (70) years of age or older may shall be per-
 20    manently excused if the person submits in writing a statement requesting indi-
 21    cates on the qualification questionnaire form that he  or  she  wishes  to  be
 22    excused. A person who requests to be excused on this basis shall be reinstated
 23    to  the  master  jury  list by submitting a written request asking to be rein-
 24    stated for jury service.
 25        (3)  A person who is not  disqualified  for  jury  service  under  section
 26    2-209,  Idaho  Code,  may have jury service postponed by the court or the jury
 27    commissioner only upon a showing of undue hardship, extreme inconvenience,  or
 28    public  necessity,  or upon a showing that the juror is a mother breastfeeding
 29    her child.
 30        (a)  Any person requesting a postponement shall provide  a  sworn  written
 31        statement  setting forth the ground reason for the request and the antici-
 32        pated date that the ground reason will no longer exist.
 33        (b)  The court or the jury commissioner may require a person requesting  a
 34        postponement  for any medical reason to provide a statement from a medical
 35        provider supporting the request.
 36        (c)  The postponement, if granted, shall be for a period of  time  as  the
 37        court or the jury commissioner deems necessary, at the conclusion of which
 38        the  person  shall reappear for jury service in accordance with the direc-
 39        tion of the court or the jury commissioner.
                                                                        
 40        SECTION 10.  That Section 2-213, Idaho Code, be, and the  same  is  hereby
 41    amended to read as follows:
                                                                        
 42        2-213.  STAY  OF  PROCEEDINGS  OR  QUASHING INDICTMENT FOR IRREGULARITY IN
 43    SELECTING JURY -- EVIDENCE IN SUPPORT OF MOTION -- REMEDIES EXCLUSIVE --  CON-
 44    TENTS  OF  RECORDS  NOT  TO  BE DISCLOSED. (1) Within seven (7) days after the
 45    moving party discovered or by the exercise of diligence could have  discovered
 46    the  grounds  therefor, and in any event before the trial jury is sworn to try
 47    the case, a party may move to stay the proceedings, and in a criminal case  to
 48    quash  the  indictment, or for other appropriate relief, on the ground of sub-
 49    stantial failure to comply with this act chapter in  selecting  the  grand  or
                                                                        
                                           8
                                                                        
  1    trial jury.
  2        (2)  Upon  motion  filed under subsection (1) of this section containing a
  3    sworn statement of facts which, if true, would constitute a substantial  fail-
  4    ure  to  comply with this act chapter, the moving party is entitled to present
  5    in support of the motion the testimony of the jury commissioner or the  clerk,
  6    any  relevant records and papers not public or otherwise available used by the
  7    jury commissioner or the clerk, and any other relevant evidence. If the  court
  8    determines  that  in  selecting  either a grand jury or a trial jury there has
  9    been a substantial failure to comply with this act chapter,  the  court  shall
 10    stay the proceedings pending the selection of the jury in conformity with this
 11    act chapter, quash an indictment, or grant other appropriate relief.
 12        (3)  The  procedures prescribed by this section are the exclusive means by
 13    which a person accused of a crime, the state, or a party in a civil  case  may
 14    challenge  a  jury  on the ground that the jury was not selected in conformity
 15    with this act chapter.
 16        (4)  The contents of any records or papers used by the  jury  commissioner
 17    or  the  clerk  in  connection  with the selection process and not made public
 18    under subsection (3) of section 2-206(4), Idaho Code, and  subsection  (5)  of
 19    section  2-210,  Idaho Code, shall not be disclosed, except in connection with
 20    the preparation or presentation of a motion under subsection (1) of this  sec-
 21    tion, until after the master jury wheel has been emptied and refilled (section
 22    2-207, Idaho Code) and all persons selected to serve as jurors before the mas-
 23    ter  jury  wheel  was  emptied have been discharged. The parties in a case may
 24    inspect, reproduce, and copy the records or papers  at  all  reasonable  times
 25    during  the  preparation and pendency of a motion under subsection (1) of this
 26    section.
                                                                        
 27        SECTION 11.  That Section 2-214, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
                                                                        
 29        2-214.  RETENTION  PERIOD  FOR  PAPERS AND RECORDS. All records and papers
 30    compiled and maintained by the jury commissioner or the  clerk  in  connection
 31    with  selection  and service of jurors shall be preserved by the clerk for two
 32    (2) a minimum period of four (4) years after the master  jury  wheel  used  in
 33    their  selection  is  emptied and refilled (section 2-207, Idaho Code) and for
 34    any longer period ordered by the court.
                                                                        
 35        SECTION 12.  That Section 2-217, Idaho Code, be, and the  same  is  hereby
 36    amended to read as follows:
                                                                        
 37        2-217.  PENALTY  FOR  EVASION  OF JURY SERVICE. A person summoned for jury
 38    service who fails to appear or to complete jury service as directed  shall  be
 39    ordered  by  the  court  to appear forthwith and show cause for his failure to
 40    comply with the summons. If he fails to show good cause for noncompliance with
 41    the summons, he is guilty of criminal contempt  and  upon  conviction  may  be
 42    fined  not more than one three hundred dollars ($1300) and imprisoned not more
 43    than three (3) days, or both.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 15008
                                 
    This bill amends the Uniform Jury Selection and Service Act to
    simplify and update the procedures for identifying and summoning
    prospective jurors, and to make serving as a juror or prospective
    juror more convenient.
    
     Currently, each county must maintain a master list of names
    compiled from voter registration lists and other sources.  From this
    list, names are drawn for a master jury wheel, which is emptied and
    refilled at least every two years.  The names of prospective jurors
    are drawn from the master jury wheel.

    This bill would eliminate the intermediate step of the master
    jury wheel.  Rather, each county will maintain a master jury list,
    from which the names of prospective jurors will be randomly drawn. 
    The bill would also allow counties to simply update the master jury
    list from time to time, but no less frequently than every two years,
    by the transfer of information from voter registration lists and
    other sources.  Counties could continue to empty and refill their
    lists every two years, but such emptying of the list would not be
    required.

    The bill would also permit counties to allow their prospective
    jurors to complete and return their qualification questionnaires by
    e-mail, fax or other reliable means of communication.  Persons who
    are disqualified from jury service would be excused from serving for
    two years, or for a longer period or permanently if warranted by the
    person's disability.  Persons older than 70 years of age could be
    permanently excused simply by indicating on the qualification
    questionnaire that they wish to be permanently excused; such persons
    could be reinstated to the master jury list upon their request.  The
    contents of the qualification questionnaire would be confidential to
    the extent provided by Supreme Court rules.

    The minimum period for retention of records relating to
    selection and service of jurors would be extended to four years. 
    Also, the maximum fine for evading jury service would be increased
    form $100 to $300.


                                 FISCAL NOTE

    This bill will have no impact on the general fund.  By
    simplifying and streamlining the jury selection process, the  bill
    should result in some savings to counties.   


    
    Contact:
    Name:     Patricia Tobias
              Administrative Director of the Courts
    Phone:    (208) 334-2246
    
    
    
    Statement of Purpose/Fiscal Note                   H 245