Bill Text: MS SB2347 | 2022 | Regular Session | Introduced

Mississippi Senate Bill 2347 (Prior Session Legislation)

Introduced

Bill Title: Juror qualifications; allow jurors to serve in contiguous counties.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2022-02-01 - Died In Committee [SB2347 Detail]

Download: Mississippi-2022-SB2347-Introduced.html

MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division A; Accountability, Efficiency, Transparency

By: Senator(s) Jackson

Senate Bill 2347

AN ACT TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS FROM CONTIGUOUS COUNTIES SHALL BE CONSIDERED COMPETENT JURORS; TO AMEND SECTION 13-5-8, MISSISSIPPI CODE OF 1972, TO REQUIRE A CIRCUIT CLERK OF A COUNTY AND THE REGISTRAR OF VOTERS, UPON THE REQUEST OF A JURY COMMISSION OF A CONTIGUOUS COUNTY, TO CERTIFY TO THE JURY COMMISSION THE VOTER REGISTRATION LIST FOR THE CIRCUIT CLERK'S COUNTY; 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. Every citizen not under the age of twenty-one (21) years, who is either a qualified elector, or a resident freeholder of the county or a contiguous county for more than one (1) year, is able to read and write, and has not been convicted of an infamous crime, or the unlawful sale of intoxicating liquors within a period of five (5) years and who is not a common gambler or habitual drunkard, is a competent juror. 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.

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"

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.

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 the voter registration list for the county.

(2) The circuit clerk of the county and the registrar of voters shall have the duty to certify to the jury commission during the month of January of each year under the seal of his or her 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.

(3) (a) At the request of a jury commission from a contiguous county, the circuit clerk of a county and the registrar of voters shall have the duty under the seal of his or her office to certify to the jury commission of the contiguous county the voter registration list for the circuit clerk's county.

(b) A jury commission shall not make the request authorized under paragraph (a) of this subsection without the written approval of the senior circuit court judge of the judicial district for the county.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.