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S.B. 796
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VETOES
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EXCEPT AS TO A CONSTITUTIONAL QUESTION, NOTHING IN THIS TITLE
CONSTITUTES A GROUND FOR POSTCONVICTION RELIEF UNDER TITLE 7 OF THE
CRIMINAL PROCEDURE ARTICLE.
(C) UNIFIED QUALIFICATION AND SUMMONSING.
NOTHING IN THIS TITLE BARS A CIRCUIT COURT FROM USING A SINGLE
PROCEDURE FOR QUALIFICATION AND SUMMONSING AS ITS JURY PLAN
AUTHORIZES.
COMMITTEE NOTE: Subsection (a) of this section is new and added to state
expressly that inherent authority is not being restricted by statement of
specific instances in which an individual may be disqualified, excused, or
exempted from jury service or jury service may be postponed or by specific
procedures for punishment of contemptuous acts.
Subsection (b) of this section is new language derived without substantive
change from the second sentence of former CJ § 8-211(e).
Subsection (c) of this section is new language derived from former CJ §
8-208.1(a) and revised to require that a single procedure be authorized in
a jury plan. See revised CJ § 8-214.
As to "may not", see Art. 1, § 26 of the Code.
Former Public Local Laws, Art. 4 [Baltimore City], § 7-10, which deemed
the Public Local Laws "relating to the mode of drawing and summoning
jurors" to be "directory" and barred quashing an indictment or
presentment, reversing or staying a judgment, or challenging an array
based on noncompliance with "the provisions of law relating to the drawing
of jurors in the City of Baltimore", is deleted as inconsistent with
postconviction proceedings, referenced in former CJ § 8-211(e) now
subsection (b) of this section and challenges, provided for in former CJ §
8-211 now revised CJ §§ 8-408 and 8-409.
Defined terms: "Circuit court" § 1-101
"Jury plan" § 8-101
SUBTITLE 2. JURY PLAN.
8-201. REQUIRED.
EACH CIRCUIT COURT SHALL HAVE A WRITTEN PLAN FOR JURY SELECTION
AND SERVICE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS TITLE.
COMMITTEE NOTE: This section is new language derived from former CJ §
8-201(a)(l).
Reference to a plan for "jury selection and service" is substituted for the
former reference to a plan for "random selection of grand and petit jurors",
to reflect that the requirements extend beyond individual jurors to the
entire jury and beyond selection. See, e.g., former CJ § 8-211 now
generally revised CJ §§ 8-408 and 8-409.
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