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S.B. 796
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VETOES
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COMMITTEE NOTE: Subsection (a) of this section is new language derived
without substantive change from former CJ § 8-306.
Subsections (b) and (c) of this section are new language derived from
former CJ § 8-303 and revised in the active voice to state affirmatively
that the discretion to dispense is a trial judge's. See also revised CJ §
8-310(a)(2).
In subsections (b) and (c) of this section, the words "selecting an array" are
substituted for the former words "drawing of a panel", in light of the use of
computers and conformity to Md. Rules 2-512(a) and 4-312(a).
Also in subsections (b) and (c) of this section, the defined term "qualified
juro[r]" is substituted for the former references to "jurors", for precision.
Former CJ § 8-305, which required 72-hour notice to waive the right to a
jury trial, is deleted as unnecessary.
Defined term: "Qualified juror" § 8-101
8-422. SEPARATION OR SEQUESTRATION.
AT ANY TIME BEFORE OR AFTER SUBMISSION OF A CASE TO A JURY, A TRIAL
JUDGE MAY ALLOW THE JURY TO SEPARATE OR BE SEQUESTERED.
COMMITTEE NOTE: This section is new language derived from former CJ §
8-304 and revised in the active voice to state expressly that the decision is
the trial judge's.
Reference to "after" submission is added, reference to "be[ing] sequestered"
is substituted for the former reference to "be[ing] kept in charge of proper
officers", and the former word "criminal" is deleted, to conform to Md.
Rules 2-511(c) and 4-311(c).
Reference to a "trial judge" is substituted for the former reference to a
"court" as then defined, a circuit court to avoid the inference that a
majority of the judges of a circuit court must concur.
The former reference to "discretion" is deleted as surplusage in light of the
word "may".
8-423. RESERVED.
8-424. RESERVED.
PART V. REIMBURSEMENT.
8-425. "PER DIEM" DEFINED.
IN THIS PART V OF THIS SUBTITLE, "PER DIEM" MEANS THE AMOUNT TO BE
PAID FOR ALL OF THE TIME FROM MIDNIGHT THROUGH A 24-HOUR PERIOD FOR
WHICH A CIRCUIT COURT REQUIRES A PROSPECTIVE, QUALIFIED, OR SWORN JUROR
TO BE IN ATTENDANCE AT OR IN PROXIMITY TO THE CIRCUIT COURT.
- 3322 -
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