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ROBERT L. EHRLICH, JR., Governor Ch. 372
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Subsection (b)(1) through (3) of this section is new language derived from
former CJ § 8-207(b)(2) through (4).
Subsection (b)(4) and (5) of this section is new language substituted for
former CJ § 8-207(b)(5) and (6), which excluded individuals based on a
crime "punishable by a fine of more than $500, or by imprisonment for
more than six months, or both" or a charge of wilful misrepresentation to
avoid jury service. The substitution uses crimes "punishable by
imprisonment exceeding 1 year 6 months" (instead of the infamous crime
standard in Md. Const., Art. I § 4 as implemented by current EL § 3-102(b)
and (c)), to be consistent with the requirement for federal jury duty under
28 U.S.C. §§ 1865(b)(5) and 1869(h) and, thereby, to avoid a dual standard
in Maryland. However, subsection (c) of this section is now and added to
allow a disqualifying conviction to be overcome, not only by pardon (as
allowed under former CJ § 8-207(b)(5)) but by the passage of time after
completion of sentence.
In the introductory language of subsection (b) of this section, reference to
the federal Americans with Disabilities Act is added for consistency with
the addition of "disability" in revised CJ § 8-102(b) and to emphasize the
public policy of this State to avoid discrimination based on disability. See,
e.g., Art. 49B of the Code. In accord with that policy, in subsection (b)(3) of
this section, reference to a "disability" is substituted for the former
references to a "physical or mental infirmity" and "infirmity".
Also in the introductory language of subsection (b) of this section, the word
"individual" is substituted for the former word "person" to emphasize that
only a natural being qualifies for jury service. As to "person", see Art. 1, §
15 of the Code.
In subsection (b)(2) of this section, the word "comprehend" is substituted
for the former word "understand", for consistency with former CJ §
8-207(b)(3) now subsection (b)(1).
Subsection (b)(3) of this section is revised to require, instead of authorize,
documentation, and reference to a "health care provide[r]" is substituted
for the former reference to a "docto[r]".
Former CJ § 8-207(b)(9), which provided for disqualification based on an
"objective test" adopted by the Court of Appeals, is deleted as the Court has
not adopted any test since the initial enactment of the provisions codified.
in former CJ Title 8. See Ch. 408, Acts of 1969.
Subsection (c) of this section is new language derived from former CJ §
8-207(b)(5).
Defined term: "Prospective juror" § 8-101
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- 1959 -
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