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S.B. 796
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VETOES
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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
8-104. SELECTION POLICY.
EACH JURY FOR A COUNTY SHALL BE SELECTED AT RANDOM FROM A FAIR
CROSS SECTION OF THE ADULT CITIZENS OF THIS STATE WHO RESIDE IN THE
COUNTY.
COMMITTEE NOTE: This section is new language derived without substantive
change from former CJ § 8-102(a).
The word "adult" is added to modify "citizens", to reflect the substance of
former CJ § 8-104(a)(l) through (3) now revised CJ § 8-206(b)(l). As to
"adult", see Art. 1, § 24 of the Code and revised CJ § 8-103(a)(l) and, as to
State citizenship, see Moore v. Illinois, 55 U.S. 13, 14 How. 13, 1852 WL
6776, 14 L.Ed. 306 (1852).
The phrase "for a county" is substituted for the former clause "where the
court convenes", to accommodate an extraordinary circumstance that
might require a court to sit outside its county. As to "county", see Art. 1, §
14 of the Code.
The introductory clause of former CJ § 8-102(a), "[w]hen a litigant ... is
entitled to trial by a petit jury and when a person accused of a criminal
offense is presented to a grand jury", is deleted as surplusage and, as it
related to grand juries, inaccurate as a person need not be accused at
presentation.
As to construction of "at random" as not statistically perfect but without a
- 3282 - .
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