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ROBERT L. EHRLICH, JR., Governor
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S.B. 796
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(B) ADDITIONS TO FORM.
A JUROR QUALIFICATION FORM FOR A COUNTY MAY INCLUDE OTHER
QUESTIONS AS THE COUNTY'S JURY PLAN REQUIRES.
COMMITTEE NOTE: This section is new language substituted for former CJ §
8-202(5)(i)1A, C, and E, 2, 3, and 4 and the first sentence of (ii), §
8-206(a)(2) and the reference to instructions in (1), and the former
references to space in § 8-210(f) and the third sentence of § 8-207(a), to
consolidate the various provisions as to a juror qualification form and to
incorporate by reference the qualifications under former CJ § 8-207(b) see
revised CJ § 8-103 to ensure comity between the statutory criteria and
requirements as to the form. The substitution also avoids the circuity of
setting forth the form and then requiring it to be set forth in the jury plan.
The substitution uses, in subsection (a) of this section, the newly defined
term "prospective juror" instead of the former reference to a "potential"
juror, for consistency.
The substitution adds "resident" to modify "address".
The substitution adds space for entry of a date of birth and a check-off for
exemption based on age, to facilitate implementation of revised CJ §
8-103(a)(l) and former CJ § 8-209(a)(2) now revised CJ § 8-306(1), which
date adulthood from the date of selection as a prospective juror and allow
exemption for an individual over 70 years.
The substitution adds the question as to citizenship for consistency with
provisions such as former CJ §§ 8-102(b) and 8-207(b)(l) now revised CJ
§§ 8-102(a) and 8-103(a)(2).
The substitution also uses "disability" instead of the former reference to
"physical or mental infirmity impairing ... capacity", as more consistent
with the federal Americans with Disabilities Act.
The substitution also uses references to crimes "punishable by
imprisonment exceeding 1 year 6 months" instead of the former references
to a "criminal offense other than a minor traffic offense (i.e., one
punishable by a fine of $500 or less or imprisonment for six months or
less)", to be consistent with the requirement for federal jury duty under 28
U.S.C. §§ 1865(b)(5) and 1869 and, thereby, to avoid a dual standard in
Maryland in initial screening but adds a reference to the date of conviction
and current status to reflect the addition of revised CJ § 8-103(c).
The substitution expands the duty to provide documentation to include
exemptions based on military service and pardons, as well as disabilities.
Former CJ § 8-202(5)(i)1B and (iii), which provided for questions as to
national origin, race, and religion, is deleted as unnecessary.
Former CJ § 8-202(5)(i)1D, which provided for a question as to residency
length, is deleted as nothing in former CJ Title 8 or this revised title or
- 3297 -
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