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ROBERT L. EHRLICH, JR., Governor S.B. 796
(2) AS OF THE DATE ON WHICH THE INDIVIDUAL COMPLETES A JUROR
QUALIFICATION FORM, THE INDIVIDUAL:
(I) IS NOT INCARCERATED, ON PROBATION, OR ON PAROLE, OR
REQUIRED UNDER FEDERAL OR STATE LAW TO REGISTER AS A CHILD SEXUAL
OFFENDER, AN OFFENDER, A SEXUALLY VIOLENT OFFENDER, OR A SEXUALLY
VIOLENT PREDATOR; AND
(II) HAS COMPLETED, AND AT LEAST 3 YEARS HAVE ELAPSED
SINCE THE INDIVIDUAL COMPLETED, THE COURT ORDERED SENTENCE FOR THE
CONVICTION, INCLUDING COMMUNITY SERVICE, FINE, PAROLE, PROBATION, AND
RESTITUTION.
COMMITTEE NOTE: Subsection (a) of this section is new language substituted
for former CJ § 8-207(b)(1) and (8), which barred those "not
constitutionally qualified to vote" and "under 18". The substitution is
based on the statutory criteria for voter registration in current EL §
3-102(a)(l) through (3) but revised to date adulthood from the date of
selection as a prospective juror and to base county residence on the date of
being sworn as a juror. The substitution adds the introductory disclaimer,
"[notwithstanding § 8-102 of this subtitle", to make clear that the
all-inclusive statement of public policy is curtailed by the specific criteria
set forth in this section. The substitution uses, in subsection (a)(3) of this
section, the phrase "in the county" instead of the former clause "where the
court convenes", to accommodate an extraordinary circumstance that
might require a court to sit outside its county. As to "adult" and "county",
see Art. 1, §§ 24 and 14 of the Code, respectively.
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 new 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
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