HOUSE BILL NO. 287
INTRODUCED BY K. GILLAN
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING PARENTS OF CHILDREN UNDER THE AGE OF 7 TO REQUEST AN EXCUSE FROM JURY SERVICE; REQUIRING COMPENSATION FOR CHILD CARE EXPENSES IF THE EXCUSE IS NOT GRANTED; AMENDING SECTIONS 3-15-201, 3-15-203, 3-15-204, 3-15-205, AND 3-15-313, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-15-201, MCA, is amended to read:
"3-15-201. Fees in courts of record. (1) A grand or trial jury panel member shall receive $12 per day for attendance
before any court of record and a mileage allowance, as provided in 2-18-503, for traveling each way between his the
member's residence and the county seat. Those jurors selected from the panel for a case shall receive an additional $13 a
day while serving.
(2) A juror who is excused from attendance upon his the juror's own motion on the first day of his the juror's
appearance in obedience to notice or who has been summoned as a special juror and not sworn in the trial of the case shall
forfeit per diem and mileage.
(3) In addition to the fees payable under subsection (1), a juror who requests to be excused under 3-15-313(3) and whose request is denied shall receive compensation for child care expenses."
Section 2. Section 3-15-203, MCA, is amended to read:
"3-15-203. Fees in courts not of record and coroner inquests. (1) A jury panel member in civil actions, criminal
actions, and coroner inquests is entitled to a fee of $12 per day for attendance before a court not of record and a mileage
allowance, as provided in 2-18-503, for traveling each way between his the member's residence and the court. A jury panel
member selected for a case is entitled to an additional $13 per day while serving.
(2) In civil actions, the jurors' fees must be paid by the party demanding the jury and taxed as costs against the losing party.
(3) A juror who is excused from attendance upon his the juror's own motion on the first day of his the juror's appearance
in obedience to notice or who has been summoned as a special juror and not sworn in the trial of the case shall forfeit per
diem and mileage.
(4) In addition to the fees payable under subsection (1), a juror who requests to be excused under 3-15-313(3) and whose request is denied shall receive compensation for child care expenses."
Section 3. Section 3-15-204, MCA, is amended to read:
"3-15-204. Duties of clerk as to jurors. (1) The clerk must keep a record of the attendance of jurors and compute the amount due for mileage. The distance from any point to the county seat must be determined by the shortest traveled route.
(2) The clerk must give to each juror, at the time he the juror is excused from further service, a warrant signed by
himself the clerk, in which must be stated the name of the juror, the number of days' attendance, the number of miles
traveled, and the amount due, including expenses for child care if payable under 3-15-313(3).
(3) On presentation of such the warrant to the county treasurer, the amount specified in the warrant must be paid out of
the general fund unless the county has a district court fund. If the county has a district court fund, the amount must be paid
out of such that fund.
(4) The clerk must make a detailed statement containing a list of the jurors and the amount of fees and mileage earned
by each and file the same statement with the clerk of the board of county commissioners on the first day of every regular
meeting of the board. No A quarterly salary must be may not be paid to the clerk until such the statement is filed. The
board must shall examine such the statement and see that it is correct."
Section 4. Section 3-15-205, MCA, is amended to read:
"3-15-205. Costs of impaneling jury. (1) In a civil action before a court of record in which the parties substantially
agree to a settlement of the issues prior to impanelment of the jury and either settle the action or stipulate to a continuance
and then fail or refuse to inform the court or clerk of court of the settlement or request a continuance and a jury is
impaneled, the court may, upon hearing, assess the reasonable public expenses of impaneling the jury, including jury fees,
and mileage expenses paid or owing under 3-15-201, and expenses of child care paid or owing under 3-15-313(3), against
any party.
(2) In civil actions, the court may assess against a party the reasonable public expenses of impaneling a jury, including
jury fees, and mileage expenses paid or owing under 3-15-201, and expenses of child care paid or owing under 3-15-313(3),
if the court on an issue of law or the jury on an issue of fact determines that the party's case is frivolous or maintained for
purposes of harassment. The court shall instruct the jury regarding the provisions of this subsection.
(3) Costs collected under this section must be deposited in the county general fund unless the county has a district court fund. If the county has a district court fund, the costs must be deposited in the district court fund."
Section 5. Section 3-15-313, MCA, is amended to read:
"3-15-313. Who may be excused -- affidavit to claim excuse -- permanent exclusion for chronically incapacitated -- excuse for parents of young children or payment of child care expenses. (1) The court or jury commissioner with the approval of the court shall excuse a person from jury service upon finding that jury service would entail undue hardship for the person or the public served by the person.
(2) If a person believes jury service would entail undue hardship for the person or the public served, the person may make and transmit an affidavit to the jury commissioner for which the person is summoned, stating the person's occupation or other facts that the person believes will excuse the person from jury service. The affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or jury commissioner with the approval of the court may excuse a prospective juror from jury service if the prospective juror satisfies the provisions of subsection (1).
(3) A parent of a child under the age of 7, who has the legal custody of and the duty to care for the child and who desires to be excused from jury service, may request to be excused from jury service on the basis of undue hardship under subsection (1) by filing an affidavit stating the facts that will excuse the parent under this subsection. The court or jury commissioner with the approval of the court shall excuse the parent upon filing of the affidavit. If the court does not grant the excuse, the court shall provide compensation for child care in addition to other fees the parent is entitled to as a juror.
(3)(4) A person who is chronically incapacitated by illness or injury may request a permanent exclusion from jury
service by making and transmitting an affidavit to the jury commissioner of the person's place of residence. The affidavit
must include a certification by the person's physician that the person is chronically incapacitated by illness or injury. The
affidavit must be filed with the jury commissioner, who shall transmit it to the court. The court or jury commissioner with
the approval of the court may permanently excuse a prospective juror from jury service if the prospective juror satisfies the
provisions of this subsection (3) (4).
(4)(5) For purposes of subsection (3) (4), a person is chronically incapacitated if the person has a condition due to an
illness or injury that restricts the person's ability to leave the person's place of residence without the aid of supportive
devices, such as crutches, a cane, a wheelchair, or a walker, that restricts the person's ability to leave home without the use
of special transportation or the assistance of another person, or that causes leaving home to be medically contraindicated.
Examples of factors to be taken into account in determining whether chronic incapacitation exists include but are not
limited to the following:
(a) paralysis by a stroke or other cause;
(b) blindness;
(c) senility;
(d) loss of the use of a person's extremities requiring the assistance of another in leaving the person's place of residence;
(e) arteriosclerotic heart disease of such severity that a person must avoid all stress and physical activity; or
(f) a psychiatric problem if the illness is manifested in part by a refusal to leave home or is of such a nature that it would not be considered safe for the person to leave home unattended, even if there are no physical limitations."
NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 287 (HB0287.01)
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