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S.B. 796
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VETOES
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number needed" is substituted for the former reference to "each person
drawn for jury service", for brevity and consistency with the requirement
for allocation of qualified jurors see revised CJ § 8-209 and the
responsibility, under revised CJ § 8-310(a), to determine the needed
number.
Subsection (b) of this section is revised in the active voice to state expressly
that the duty to address a summons properly is a jury commissioner's.
Former CJ § 8-208(c), which provided for summoning additional jurors by
a sheriff, is deleted as obsolete.
Defined terms: "Jury commissioner" § 8-101
"Jury plan" § 8-101
"Qualified juror" § 8-101
8-402. DISQUALIFICATION, EXCUSAL, OR EXEMPTION FROM OR POSTPONEMENT OF
DUTY.
(A) AUTHORIZED.
SUBJECT TO THE REQUIREMENTS OF THIS SECTION, A JURY JUDGE OR, IF A
COUNTY'S JURY PLAN ALLOWS, ITS JURY COMMISSIONER MAY DISQUALIFY, EXCUSE,
OR EXEMPT AN INDIVIDUAL WHO IS SUMMONED FOR JURY SERVICE OR POSTPONE
JURY SERVICE.
(B) DISQUALIFICATION.
AN INDIVIDUAL MAY BE DISQUALIFIED ONLY ON THE BASIS OF INFORMATION
PROVIDED ON A JUROR QUESTIONNAIRE OR DURING AN INTERVIEW OR OTHER
COMPETENT EVIDENCE.
(C) EXCUSAL.
(1) TO BE EXCUSED, AN INDIVIDUAL SHALL SHOW, ON A JUROR
QUESTIONNAIRE, DURING AN INTERVIEW, OR BY OTHER COMPETENT EVIDENCE,
THAT EXTREME INCONVENIENCE, PUBLIC NECESSITY, OR UNDUE HARDSHIP
REQUIRES EXCUSAL.
(2) AN INDIVIDUAL MAY BE EXCUSED:
(I) ONLY FOR THE PERIOD THAT THE JURY JUDGE OR JURY
COMMISSIONER CONSIDERS NECESSARY; AND
(II) NOT MORE THAN TWICE UNLESS THE JURY JUDGE FINDS THAT
THE INDIVIDUAL HAS SHOWN AN EXTRAORDINARY CIRCUMSTANCE THAT REQUIRES
AN ADDITIONAL EXCUSE.
(3) WHEN THE PERIOD SET UNDER THIS SUBSECTION EXPIRES, A JURY
COMMISSIONER AGAIN SHALL SUMMON THE INDIVIDUAL FOR JURY SERVICE.
COMMITTEE NOTE: Subsections (a) through (b)(2), (c)(2)(i), and (b)(3) of this
section are new language derived from former CJ § 8-210(a) and the first
- 3306 -
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