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S.B. 796
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VETOES
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(1) WHENEVER MORE INDIVIDUALS THAN ARE NEEDED TO IMPANEL A
JURY HAVE BEEN SUMMONED, AN INDIVIDUAL MAY BE EXCUSED BUT ONLY IN
ACCORDANCE WITH RULE OR OTHER LAW.
(2) AN INDIVIDUAL WHO IS SUMMONED FOR JURY SERVICE MAY BE
STRUCK FROM A PARTICULAR JURY ONLY:
(I) IN ACCORDANCE WITH RULE OR OTHER LAW, BY A PARTY ON
PEREMPTORY CHALLENGE;
(II) FOR GOOD CAUSE SHOWN, BY A TRIAL JUDGE ON A CHALLENGE
BY A PARTY; OR
(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, BY A TRIAL
JUDGE WHO FINDS THAT:
A. THE INDIVIDUAL MAY BE UNABLE TO RENDER IMPARTIAL
JURY SERVICE;
B. THE INDIVIDUAL'S SERVICE LIKELY WOULD DISRUPT THE
PROCEEDING; OR
C. THE INDIVIDUAL'S SERVICE MAY THREATEN THE
SECRECY OF A PROCEEDING OR OTHERWISE AFFECT THE INTEGRITY OF THE JURY
DELIBERATIONS ADVERSELY.
(3) A TRIAL JUDGE MAY NOT STRIKE AN INDIVIDUAL UNDER
PARAGRAPH (2)(III)C OF THIS SUBSECTION, UNLESS THE JUDGE STATES ON THE
RECORD:
(I) EACH REASON FOR THE STRIKE; AND
(II) A FINDING THAT THE STRIKE IS WARRANTED AND NOT
INCONSISTENT WITH §§ 8-102(A) AND (B) AND 8-104 OF THIS TITLE.
(4) AN INDIVIDUAL STRUCK UNDER THIS SUBSECTION MAY SERVE ON
ANOTHER JURY FOR WHICH THE BASIS FOR THE STRIKE IS IRRELEVANT.
(C) CAPITAL CASE.
(1) A TRIAL JUDGE MAY STRIKE AN INDIVIDUAL ON THE BASIS OF THE
INDIVIDUAL'S BELIEF FOR OR AGAINST CAPITAL PUNISHMENT ONLY IF THE JUDGE
FINDS THAT THE BELIEF WOULD PREVENT OR SUBSTANTIALLY IMPAIR THE
INDIVIDUAL FROM RETURNING AN IMPARTIAL VERDICT ACCORDING TO LAW.
(2) AN INDIVIDUAL STRUCK UNDER THIS SUBSECTION MAY SERVE ON
ANOTHER JURY FOR WHICH THE BASIS FOR THE STRIKE IS IRRELEVANT.
COMMITTEE NOTE: Subsection (a) of this section is new language derived
from former CJ § 8-207(b)(7) and revised to allow disqualification, rather
than make it automatic, and only "while" the entitlement lasts.
Subsection (b) of this section is new language derived from former CJ §
- 3308 -
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