2017 Montana Legislature
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HOUSE BILL NO. 87
INTRODUCED BY K. SWANSON
BY REQUEST OF THE OFFICE OF THE COURT ADMINISTRATOR AND THE SECRETARY OF STATE
AN ACT TRANSFERRING THE DUTIES FOR PRODUCING JURY LISTS FROM THE SECRETARY OF STATE TO THE OFFICE OF COURT ADMINISTRATOR; AND AMENDING SECTIONS 3-15-402, 3-15-403, AND 61-5-127, MCA.
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. Selection of qualified persons. The secretary of state shall select from the most recent list of all registered active electors, as defined in 13-1-101, 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 On or before the second Monday of April of each year, the secretary of state shall deliver the list to the office of court administrator. The office of court administrator shall then combine the resulting list with the list submitted to the secretary of state office of court administrator 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."
Section 2. Section 3-15-403, MCA, is amended to read:
"3-15-403. Jury lists -- filing -- public inspection. (1) On or before the first Monday in May, the combined list prepared under 3-15-402 must be delivered by the secretary of state office of court administrator 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. 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 61-5-127, MCA, is amended to read:
"61-5-127. Providing lists list of licensed drivers and holders of Montana identification cards to clerks of district court -- for jury selection purposes. (1) On the second Monday of April of each year, the department shall submit to the secretary of state office of court administrator 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."
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Version of HB 87 (HB0087.ENR)
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