TITLE 19

CRIMINAL PROCEDURE

CHAPTER 18

REMOVAL OF ACTION BEFORE TRIAL

19-1816.  Impaneling jury from another county. (a) As an alternative to entering the order of removal provided in the preceding sections of this chapter, the court may instead enter an order directing that jurors be impaneled from the county to which venue would otherwise have been transferred, if it finds:

1.  That a fair and impartial jury cannot be impaneled in the county where the criminal complaint, information or indictment is filed;

2.  That it would be more economical to transport the jury than to transfer the pending action; and

3.  That justice will be served thereby.

(b)  The jury shall be summoned and impaneled as if the trial were to take place in the county where the jury was summoned. Thereafter, the jury shall be transported for purpose of the trial to the county in which the complaint, information or indictment is filed.

(c)  All court costs incurred under this section shall be paid by the county where the complaint, information or indictment is filed.

(d)  The provisions of this section do not affect the power of the court to order a change of venue.

History:

[19-1816, added 1983, ch. 17, sec. 1, p. 51.]