2007 Montana Legislature

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HOUSE BILL NO. 341

INTRODUCED BY GALLIK

 

AN ACT REVISING THE LAWS RELATING TO THE PREPARATION OF JUROR LISTS; AMENDING SECTIONS 3-15-402, 3-15-403, 3-15-404, 46-17-202, AND 61-5-127, MCA; REPEALING SECTION 3-15-401, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 3-15-402, MCA, is amended to read:

     "3-15-402.  (Temporary) Selection of qualified persons. (1) Subject to subsection (2), at the meeting specified in 3-15-401, the officers present The secretary of state shall select from the most recent list of all registered electors, as prepared by the county registrar, and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. Each name appearing on the list must be assigned a number that must be placed opposite the name on the jury list and must be considered the number of the juror opposite whose name it appears. A person's name may not appear on a jury list for more than one court during a 1-year term.

     (2)  The list prepared under subsection (1) may not include the name of a person permanently excluded from jury service under 3-15-313.

     3-15-402.  (Effective October 1, 2007) Selection of qualified persons. (1) Subject to subsection (2), at the meeting specified in 3-15-401, the officers present, working with the office of the The secretary of state, shall select from the most recent list of all registered electors, as prepared by the county registrar, working with the office of the secretary of state, and make a list of the names of all persons qualified to serve as trial jurors, as prescribed in part 3 of this chapter. The officers, working with the office of the secretary of state, shall then combine the resulting list with the list submitted to the clerk of the district court secretary of state under 61-5-127, ensuring that a person's name does not appear on the combined list more than once. Each name appearing on the combined list must be assigned a number that must be placed opposite the name on the combined list and must be considered the number of the juror opposite whose name it appears. A person's name may not appear on a combined list for more than one court during a 1-year term.

     (2)  The combined list prepared under subsection (1) may not include the name of a person permanently excluded from jury service under 3-15-313."

 

     Section 2.  Section 3-15-403, MCA, is amended to read:

     "3-15-403.  (Temporary) Lists delivered to clerk Jury lists -- filing -- public inspection. (1) A list of the names of the persons selected, showing the place of residence and other proper particulars regarding each of them, so far as those particulars can be conveniently ascertained, must be made out and signed by the officers or a majority of them. Within 15 days after the meeting, the list must be delivered by those officers to the clerk of the district court and filed by the clerk in the clerk's office. (1) On or before the first Monday in May, the list prepared under 3-15-402 must be delivered by the secretary of state to the clerk of the district court and filed by the clerk of the district court in the clerk of the district court's office no later than 5 business days after the receipt of the list.

     (2)  A copy of the latest jury list lists filed under subsection (1) and compiled under 3-15-404 and 46-17-202 and a description of the approved computerized random selection process, if one is used, must be kept in the office of the clerk of the district court. and An excerpt, listing the name, address, and birth year of all jurors, must be made available for public inspection during normal business hours.

     (3)  If the clerk of court is satisfied that a person whose name is drawn is deceased or mentally incompetent or has permanently moved from the county, the name of the person must be omitted from the jury list. The reason for the omission must be entered in the minutes of the court.

     3-15-403.  (Effective October 1, 2007) Jury lists -- filing -- public inspection. (1) The On or before the first Monday in May, the combined list prepared under 3-15-402 must be delivered by the office of the secretary of state to the clerk of the district court and filed by the clerk of the district court in the clerk of the district court's office no later than 5 business days after the receipt of the combined list.

     (2)  A copy of the latest jury lists filed under subsection (1) and compiled under 3-15-404 and 46-17-202 and a description of the approved computerized random selection process, if one is used, must be kept in the office of the clerk of the district court. and An excerpt, listing the name, address, and birth year of all jurors, must be made available for public inspection during normal business hours."

 

     Section 3.  Section 3-15-404, MCA, is amended to read:

     "3-15-404.  (Temporary) Duty of jury commissioner -- jury box or computer database. (1) The clerk of court is the jury commissioner and may appoint a deputy pursuant to 7-4-2401.

     (2)  A county jury commissioner may by order establish the use of either a jury box, as provided in subsection (3), or a computer database, as provided in subsection (4), as the means for selecting jurors in the county.

     (3)  If a county uses a jury box for selection of jurors, the jury commissioner shall prepare and keep a jury box and contents as prescribed in this subsection. The number of each juror must be written, typed, or stamped on a slip of paper or other suitable material, identical in all respects to the slips used for the other numbers. The slips must be placed in a box of ample size to permit them to be thoroughly mixed. The box must be plainly marked "jury box". The slips may be used as often as necessary, except that none may be used that is in any manner defaced or disfigured or so marked that it may be recognized or distinguished from the others in the jury box except by the number on the slip. The box may contain only one slip for each number corresponding to the number before the name of each juror on the jury list filed under 3-15-403.

     (4)  If a county uses a computer database for selection of jurors, the jury commissioner shall cause the list of jurors prepared filed under the provisions of 3-15-402 3-15-403 to be entered into a computerized database.

     (5)  A person's name may not appear on a jury list for more than one court during a 1-year term.

     (6)  The clerk of court shall prepare a list of persons to serve as trial jurors for the ensuing year for the district court or each division of the district court. On or before the second Monday of June, the clerk of court shall prepare the jury list pursuant to 46-17-202.

     (7)  If the clerk of court is satisfied that a person whose name is drawn is deceased, is mentally incompetent, has permanently moved from the county, or has been permanently excused under the provisions of 3-15-313, the person's name must be omitted from the jury list. The reason for the omission must be recorded.

     3-15-404.  (Effective October 1, 2007) Duty of jury commissioner -- jury box or computer database. (1) The clerk of court is the jury commissioner and may appoint a deputy pursuant to 7-4-2401.

     (2)  A county jury commissioner may by order establish the use of either a jury box, as provided in subsection (3), or a computer database, as provided in subsection (4), as the means for selecting jurors in the county.

     (3)  If a county uses a jury box for selection of jurors, the jury commissioner shall prepare and keep a jury box and contents as prescribed in this subsection. The number of each juror must be written, typed, or stamped on a slip of paper or other suitable material, identical in all respects to the slips used for the other numbers. The slips must be placed in a box of ample size to permit them to be thoroughly mixed. The box must be plainly marked "jury box". The slips may be used as often as necessary, except that none may be used that is in any manner defaced or disfigured or so marked that it may be recognized or distinguished from the others in the jury box except by the number on the slip. The box may contain only one slip for each number corresponding to the number before the name of each juror on the jury list filed under 3-15-403.

     (4)  If a county uses a computer database for selection of jurors, the jury commissioner shall cause the list of jurors filed under 3-15-403 to be entered into a computerized database.

     (5)  A person's name may not appear on a jury list for more than one court during a 1-year term.

     (6)  The clerk of court shall prepare a jury list of persons to serve as trial jurors for the ensuing year for the district court or each division of the district court. On or before the second Monday of June, the clerk of court shall prepare the jury list pursuant to 46-17-202.

     (7)  If the clerk of court is satisfied that a person whose name is drawn is deceased, is mentally incompetent, or has permanently moved from the county, or has been permanently excused under the provisions of 3-15-313, the person's name must be omitted from the jury list. The reason for the omission must be entered in the minutes of the court recorded."

 

     Section 4.  Section 46-17-202, MCA, is amended to read:

     "46-17-202.  (Temporary) Formation of trial jury for justices', municipal, and city courts. (1) At the time of preparing the district court jury list under 3-15-404(6), the county commissioners and clerk and recorder clerk of the district court shall prepare a jury list for each justice's, municipal, and city court within the county. Each list must consist of residents of the appropriate county, city, or town. The lists must be selected in any reasonable manner that ensures fairness, and each list must include a number of names sufficient to meet the annual jury requirements of the respective court. Additional lists may be prepared if required. The lists must be filed in the office of the clerk of the district court as provided in 3-15-403. The appropriate list must be posted in a public place in each county, city, or town, and the list must comprise the trial jury list for the ensuing year for the county, city, or town.

     (2)  Trial jurors must be summoned from the jury list by notifying each one orally that the person is summoned and of the time and place at which attendance is required.

     46-17-202.  (Effective October 1, 2007) Formation of trial jury for justices', municipal, and city courts. (1) At the time of preparing the district court jury list under 3-15-404(6), the clerk of the district court shall prepare a jury list for each justice's, municipal, and city court within the county. Each list must consist of residents of the appropriate county, city, or town. The lists must be selected in any reasonable manner that ensures fairness, and each list must include a number of names sufficient to meet the annual jury requirements of the respective court. Additional lists may be prepared if required. The lists must be kept on file filed in the office of the clerk of the district court as provided in 3-15-403. The appropriate list must be posted in a public place in each county, city, or town, and the list must comprise the trial jury list for the ensuing year for the county, city, or town.

     (2)  Trial jurors must be summoned from the jury list by notifying each one orally that the person is summoned and of the time and place at which attendance is required."

 

     Section 5.  Section 61-5-127, MCA, is amended to read:

     "61-5-127.  (Effective October 1, 2007) Providing lists of licensed drivers and holders of Montana identification cards to clerks of district court -- jury selection purposes. (1) On the second Monday of May April of each year, the department shall submit to the clerk of the district court of each county secretary of state a list, prepared from the department's databases of licensed drivers and holders of Montana identification cards, showing the name, address, and date of birth of all licensed drivers and holders of Montana identification cards, authorized by 61-12-501, who are 18 years of age or older and whose address is in that county. The list must be compiled on a county-by-county basis and be further divided by the city of residence of the persons named on the list to enable the drawing of lists for city courts that are composed of only those residents living within a city's jurisdiction. The list must be provided for the exclusive purpose of making a list of persons to serve as trial jurors for the ensuing year.

     (2)  The list submitted by the department under subsection (1) must be certified by the attorney general or the attorney general's designee.

     (3)  The department may not provide the social security or driver's license numbers of persons on the list for any purpose."

 

     Section 6.  Repealer. Section 3-15-401, MCA, is repealed.

 

     Section 7.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 341 (HB0341.ENR)
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