Bill Text: NJ A3049 | 2022-2023 | Regular Session | Introduced
Bill Title: Excuses certain persons from jury duty whose employment is essential to public's health, safety, and welfare during health emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-28 - Introduced, Referred to Assembly Judiciary Committee [A3049 Detail]
Download: New_Jersey-2022-A3049-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Excuses certain persons from jury duty whose employment is essential to public's health, safety, and welfare during public health emergency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning an excuse from jury duty for certain employees during a public health emergency, amending N.J.S.2B:20-10 and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2B:20-10 is amended to read as follows:
2B:20-10. An excuse from jury service shall be granted only if:
a. The prospective juror is 75 years of age or older;
b. The prospective juror has served as a juror within the last three years in the county to which the juror is being summoned;
c. Jury service will impose a severe hardship due to circumstances which are not likely to change within the following year. Severe hardship includes the following circumstances:
(1) The prospective juror has a medical inability to serve which is verified by a licensed physician.
(2) The prospective juror will suffer a severe financial hardship which will compromise the juror's ability to support himself, herself, or dependents. In determining whether to excuse the prospective juror, the Assignment Judge shall consider:
(a) the sources of the prospective juror's household income; and
(b) the availability and extent of income reimbursement; and
(c) the expected length of service.
(3) The prospective juror has a personal obligation to care for another, including a dependent who is sick, is elderly, or has an infirmity or a minor child, who requires the prospective juror's personal care and attention, and no alternative care is available without severe financial hardship on the prospective juror or the person requiring care.
(4) The prospective juror provides highly specialized technical health care services for which replacement cannot reasonably be obtained.
(5) The prospective juror is a health care worker directly involved in the care of a person with a mental or physical disability, and the prospective juror's continued presence is essential to the personal treatment of that person.
(6) The prospective juror is a member of the full-time instructional staff of a grammar school or high school, the scheduled jury service is during the school term, and a replacement cannot reasonably be obtained. In determining whether to excuse the prospective juror or grant a deferral of service, the Assignment Judge shall consider:
(a) the impact on the school
considering the number and
function of teachers called for jury service during the current academic year;
and
(b) the special role of certified special education teachers in providing continuity of instruction to students with disabilities;
d. The prospective juror is a member of a volunteer fire department or fire patrol; or
e. The prospective juror is a volunteer member of a first aid or rescue squad.
f. The prospective juror is an essential employee, as defined in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), during a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.) that involves an infectious disease, including but not limited to the public health emergency declared by the Governor in Executive Order 103 of 2020.
(cf: P.L.2017, c.131, s.3)
2. (New section) As used in subsection f. of N.J.S.2B:20-10, an "essential employee" means an employee in the public or private sector who, during a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.) that involves an infectious disease, including but not limited to the public health emergency declared by the Governor in Executive Order 103 of 2020:
a. is a public safety worker or first responder, including any fire, police or other emergency responders;
b. is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes;
c. performs functions which involve physical proximity to members of the public or physical proximity to other employees and are essential to the public's health, safety, and welfare, including transportation services, hotel and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home; or
d. is any other employee deemed an essential employee by the Governor during a declared public health emergency that involves an infectious disease.
3. This act shall take
effect immediately and shall apply to prospective jurors summoned for jury
service on or after the effective date.
STATEMENT
This bill would excuse certain certain persons from jury duty whose employment is essential to public health, safety, and welfare during a public health emergency that involves an infectious disease.
A person eligible for an excuse from jury duty on the grounds enumerated in the law is allowed to serve on a jury, but is not required to.
The bill defines an "essential employee" as an employee in the public or private sector who, during a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.) that involves an infectious disease, including but not limited to the public health emergency declared by the Governor in Executive Order 103 of 2020:
a. is a public safety worker or first responder, including any fire, police or other emergency responders;
b. is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes;
c. performs functions which involve physical proximity to members of the public or physical proximity to other employees and are essential to the public's health, safety, and welfare, including transportation services, hotel and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home; or
d. is any other employee deemed an essential employee by the Governor during a declared public health emergency that involves an infectious disease.
The bill would take effect immediately and would apply to prospective jurors summoned for jury service on or after the effective date.
