Bill Text: MS SB2085 | 2021 | Regular Session | Introduced
Bill Title: Jurors; expand pool to citizens with driver's license who have filed state income taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2085 Detail]
Download: Mississippi-2021-SB2085-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) Simmons (12th)
Senate Bill 2085
AN ACT TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972, TO EXPAND THE DEFINITION OF A JUROR TO THOSE CITIZENS WHO HAVE A CURRENT AND VALID MISSISSIPPI DRIVER'S LICENSE AND WHO HAVE FILED STATE INCOME TAXES; TO AMEND SECTION 13-5-8, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 13-5-1, Mississippi Code of 1972, is amended as follows:
13-5-1. (1) A competent
juror is any * * * citizen not under the age of twenty-one (21)
years, who: * * *
(a) Has a current and valid Mississippi driver's license;
(b) Has filed state income taxes for at least one (1) of the two (2) previous tax years;
(c) Is able to
read and write; * * *
(d) Has not
been convicted of an infamous crime or the unlawful sale of intoxicating
liquors within a period of five (5) years; and * * *
(e) Is not a
common gambler or habitual drunkard * * *.
No person who is or has been within twelve (12) months the overseer of a public road or road contractor shall, however, be competent to serve as a grand juror. The lack of any such qualifications on the part of one or more jurors shall not, however, vitiate an indictment or verdict. Moreover, no talesman or tales juror shall be qualified who has served as such talesman or tales juror in the last preceding two (2) years, and no juror shall serve on any jury who has served as such for the last preceding two (2) years. No juror shall serve who has a case of his own pending in that court, provided there are sufficient qualified jurors in the district, and for trial at that term.
(2) (a) In order to determine that prospective jurors can read and write, the presiding judge shall, with the assistance of the clerk, distribute to the jury panel a form to be completed personally by each juror prior to being empaneled as follows:
"1. Your name ________ last ________ first ________ middle initial.
2. Your home address ________.
3. Your occupation ________.
4. Your age ________.
5. Your telephone number ________. If none, write none.
6. If you live outside the county seat, the number of miles you live from the courthouse ________ miles.
______________________
Sign your name"
(b) The judge shall personally examine the answers of each juror prior to empaneling the jury and each juror who cannot complete the above form shall be disqualified as a juror and discharged.
(c) A list of any jurors disqualified for jury duty by reason of inability to complete the form shall be kept by the circuit clerk and their names shall not be placed in the jury box thereafter until such person can qualify as above provided.
SECTION 2. Section 13-5-8, Mississippi Code of 1972, is amended as follows:
13-5-8. (1) In April of
each year, the jury commission for each county shall compile and maintain a
master list consisting of * * * citizens within the county who (a) possess a valid
Mississippi driver's license, and (b) have filed state income taxes for at
least one (1) of the two (2) previous tax years.
(2) The circuit clerk of the county and the registrar of voters shall have the duty to certify to the commission during the month of January of each year under the seal of his office the voter registration list for the county; the list shall exclude any person who has been permanently excused from jury service pursuant to Section 13-5-23(4). Any person who has been excluded from the master list for jury service may be reinstated to the master list after one (1) year by requesting that the circuit clerk reinstate him to the master list.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.
