75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 838
A-Engrossed
Senate Bill 270
Ordered by the House June 2
Including House Amendments dated June 2
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Judicial Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes Chief Justice of Supreme Court to establish
procedures for closing courts in emergencies and establish
standards for determining when courts are closed for purposes of
rules and laws.
Authorizes presiding judge of judicial district to delegate
exercise of administrative powers to another judge or to trial
court administrator.
Modifies provisions relating to imposition and collection of
certain court fees.
Provides that supplemental judgment may contain only provisions
that were not included in general judgment. { + Creates
exception. + } Makes other changes in laws relating to judgments.
{ + Creates procedures for preparing and transmitting record
of court proceedings for appeals from juvenile court judgments.
Specifies that person convicted of or having served sentence
for certain misdemeanor crimes is not eligible to act as grand
juror or juror in criminal trial for five years after conviction
or end of sentence. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 1.002,
1.171, 1.202, 10.030, 18.775, 21.125, 21.682, 135.705, 135.707,
416.440 and 419A.200; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
COURT CLOSURES + }
SECTION 1. ORS 1.002 is amended to read:
1.002. (1) The Supreme Court is the highest judicial tribunal
of the judicial department of government in this state. The Chief
Justice of the Supreme Court is the presiding judge of the court
and the administrative head of the judicial department of
government in this state. The Chief Justice shall exercise
administrative authority and supervision over the courts of this
state consistent with applicable provisions of law and the Oregon
Rules of Civil Procedure. The Chief Justice, to facilitate
exercise of that administrative authority and supervision, may:
(a) Make rules and issue orders appropriate to that exercise.
(b) Require appropriate reports from the judges, other officers
and employees of the courts of this state and municipal courts.
(c) Pursuant to policies approved by the Judicial Conference of
the State of Oregon, assign or reassign on a temporary basis all
judges of the courts of this state to serve in designated
locations within or without the county or judicial district for
which the judge was elected.
(d) Set staffing levels for all courts of the state operating
under the Judicial Department and for all operations in the
Judicial Department.
(e) Establish time standards for disposition of cases.
(f) Establish budgets for the Judicial Department and all
courts operating under the Judicial Department.
(g) Assign or reassign all court staff of courts operating
under the Judicial Department.
(h) Pursuant to policies approved by the Judicial Conference of
the State of Oregon, establish personnel rules and policies for
judges of courts operating under the Judicial Department.
{ + (i) Establish procedures for closing courts in
emergencies.
(j) Establish standards for determining when courts are closed
for purposes of ORCP 10, ORS 174.120 and other rules and laws
that refer to periods of time when courts are closed. + }
{ - (i) - } { + (k) + } Take any other action appropriate
to the exercise of the powers specified in this section and other
law, and appropriate to the exercise of administrative authority
and supervision by the Chief Justice over the courts of this
state.
(2) The Chief Justice may make rules for the use of electronic
applications in the courts, including but not limited to rules
relating to:
(a) Applications based on the use of the Internet and other
similar technologies;
(b) The use of an electronic document, or use of an electronic
image of a paper document in lieu of the original paper copy, for
a document, process or paper that is served, delivered, received,
filed, entered or retained in any action or proceeding;
(c) The use of electronic signatures or another form of
identification for any document, process or paper that is served,
delivered, received, filed, entered or retained in any action or
proceeding and that is required by any law or rule to be signed;
(d) The use of electronic transmission for the service of
documents in a proceeding, other than service of a summons or
service of an initial complaint or petition;
(e) Payment of statutory or court-ordered monetary obligations
through electronic media;
(f) Electronic storage of court documents;
(g) Use of electronic citations in lieu of the paper citation
forms as allowed under ORS 153.770, including use of electronic
citations for parking ordinance violations that are subject to
ORS 221.333 or 810.425;
(h) Public access through electronic means to court documents
that are required or authorized to be made available to the
public by law; and
(i) Transmission of open court proceedings through electronic
media.
(3) Rules adopted by the Chief Justice under subsection (2) of
this section must be consistent with the laws governing courts
and court procedures, but any person who serves, delivers,
receives, files, enters or retains an electronic document, or an
electronic image of a paper document in lieu of the original
paper copy, in the manner provided by a rule of the Chief Justice
under subsection (2) of this section shall be considered to have
complied with any rule or law governing service, delivery,
reception, filing, entry or retention of a paper document.
(4) Rules made and orders issued by the Chief Justice under
this section shall permit as much variation and flexibility in
the administration of the courts of this state as are appropriate
to the most efficient manner of administering each court,
considering the particular needs and circumstances of the court,
and consistent with the sound and efficient administration of the
judicial department of government in this state.
(5) The judges, other officers and employees of the courts of
this state shall comply with rules made and orders issued by the
Chief Justice. Rules and orders of a court of this state, or a
judge thereof, relating to the conduct of the business of the
court shall be consistent with applicable rules made and orders
issued by the Chief Justice.
(6) The Chief Judge of the Court of Appeals and the presiding
judge of each judicial district of this state are the
administrative heads of their respective courts. They are
responsible and accountable to the Chief Justice of the Supreme
Court in the exercise of their administrative authority and
supervision over their respective courts. Other judges of the
Court of Appeals or court under a presiding judge are responsible
and accountable to the Chief Judge or presiding judge, and to the
Chief Justice, in respect to exercise by the Chief Justice, Chief
Judge or presiding judge of administrative authority and
supervision.
(7) The Chief Justice may delegate the exercise of any of the
powers specified by this section to the presiding judge of a
court, and may delegate the exercise of any of the administrative
powers specified by this section to the State Court
Administrator, as may be appropriate.
(8) This section applies to justices of the peace and the
justice courts of this state solely for the purpose of
disciplining of justices of the peace and for the purpose of
continuing legal education of justices of the peace.
{ +
DELEGATION OF PRESIDING JUDGE POWERS + }
SECTION 2. ORS 1.171 is amended to read:
1.171. (1) A presiding judge appointed under ORS 1.003 is
presiding judge for the circuit court of a judicial district
established under ORS 3.012.
(2) The presiding judge, to facilitate exercise of
administrative authority and supervision over the circuit court
of the district and consistent with applicable provisions of law
and the Oregon Rules of Civil Procedure, may:
(a) Apportion and otherwise regulate the disposition of the
judicial business of the circuit court of the judicial district;
and
(b) Make rules, issue orders and take other action appropriate
to that exercise.
(3) The presiding judge may assign actions and proceedings
pending before a court to other judges of the judicial district
for hearing and disposition. A judge who is assigned an action or
proceeding under this subsection shall hear and dispose of the
assigned action or proceeding unless the presiding judge
withdraws the assignment for good cause shown.
{ + (4) The presiding judge may delegate the exercise of any
of the administrative powers of the presiding judge to another
judge of the court or to the trial court administrator for the
judicial district. + }
{ +
COURT FEES + }
SECTION 3. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than $50 and not more than $100 to any judgment that includes a
monetary obligation that the court or judicial branch is charged
with collecting. The fee shall be added to cover the cost of
establishing and administering an account for the debtor and
shall be added without further notice to the debtor or further
order of the court. The fee shall be added only if the court
gives the defendant a period of time in which to pay the
obligation after the financial obligation is imposed. Fees under
this subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions of the judicial branch
of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment
referred for collection that includes a monetary obligation that
the state court or the commission, department or division is
charged with collecting. The fee shall be added to cover the
costs of { - collection charged by - } { + collecting
judgments referred to + } the Department of Revenue or private
collection agency and shall be added to the monetary obligation
without further notice to the debtor or further order of the
court. The fee may not exceed the actual costs of
{ - collection charged by the Department of Revenue or private
collection agency - } { + collecting the judgment + }. Fees
under this subsection shall be deposited in the Judicial
Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) { + The Chief Justice of the Supreme Court may authorize
courts to waive or suspend the fees required to be added to
judgments under this section. Except to the extent authorized by
the Chief Justice, + } a court may not waive or suspend the fees
required to be added to judgments under { - the provisions
of - } this section.
SECTION 4. ORS 21.125 is amended to read:
21.125. (1) In any action, suit or proceeding subject to a fee
under ORS 21.110, or in any civil appeal or petition subject to a
fee under ORS 21.010, the Chief Justice of the Supreme Court may
require that a $50 fee be paid at the time of filing a motion
identified by the Chief Justice as being subject to a fee under
this section. If the Chief Justice has identified a motion as
being subject to a fee under this section, the responding party
must file a fee of $35 upon the filing of a response to the
motion. The Chief Justice by order shall identify motions that
are subject to fees under this section.
(2) The fees provided for in this section may not be collected
from the state, a county, a city or a school district.
(3) The fees provided for in this section may not be collected
for motions for judgment by voluntary dismissal under ORCP 54
A(1), for motions for judgment by written stipulation under ORCP
67 F or for motions for entry of default judgment under ORCP 69
B(1).
(4) The fees provided for in this section may not be collected
for motions made to an arbitrator or mediator in an arbitration
or mediation required or offered by a court, or to any motion
relating to an arbitration or mediation required or offered by a
court.
{ + (5) The clerk shall file a motion or response that is
subject to a fee under this section only if the fee required by
this section is paid when the motion or response is submitted for
filing. + }
SECTION 5. ORS 21.682 is amended to read:
21.682. (1) A judge may waive or defer all or part of the fees
and court costs payable to the court by a party in a civil action
or proceeding { + , including sheriff's fees under ORS 21.410
(1)(a), + } if the judge finds that the party is unable to pay
all or any part of the fees and costs. Waiver or deferral under
this section of the fees or court costs of an inmate, as defined
in ORS 30.642, is subject to ORS 30.642 to 30.650.
(2) A presiding judge may delegate authority to waive or defer
fees and court costs under this section to the court
administrator for the court in which the judge serves. A
delegation of authority under this subsection must be in writing
and must be subject to clear standards. If a delegation is made
under this subsection, an applicant may seek review of the court
administrator's decision by a judge. If an applicant requests
review of a court administrator's decision, the court
administrator shall forward the application for waiver or
deferral of the fees or court costs to the appropriate judge.
(3) A court may not delay or refuse to enter an order or
judgment in an action or proceeding because deferred fees and
court costs have not been paid.
(4) The Chief Justice of the Supreme Court by order may provide
standards and practices for waiver or deferral of fees or court
costs under ORS 21.680 to 21.698.
{ +
JUDGMENTS GENERALLY + }
SECTION 6. { + Section 7 of this 2009 Act is added to and made
a part of ORS chapter 18. + }
SECTION 7. { + Except as provided in ORS 416.440 (6), a
supplemental judgment may only contain provisions that were not
included in the general judgment. + }
SECTION 8. ORS 18.775 is amended to read:
18.775. (1) If a garnishee fails to file a garnishee response
within the time required by law, or fails to deliver all
garnishable property required to be delivered under the writ of
garnishment within the time required by law, the garnishee is
liable to the creditor in an amount equal to the lesser of:
(a) The amount required to satisfy the garnishment; or
(b) The value of the debtor's garnishable property held by the
garnishee at the time the writ is delivered to the garnishee.
(2) A judgment may be entered against the garnishee for the
amounts specified in this section if, after a hearing, the court
finds that:
(a) The garnishee at the time of the delivery of the writ of
garnishment held garnishable property of the debtor beyond the
amount reported in the garnishee response;
(b) The garnishee held any garnishable property of the debtor
and the garnishee failed to make a response; or
(c) The garnishee failed to deliver garnishable property
required to be delivered under the writ.
{ + (3) A supplemental judgment shall be entered under
subsection (2) of this section if the garnishment was issued for
a debt described in ORS 18.605 (1)(a) and a general judgment has
been entered in the action. A limited judgment shall be entered
under subsection (2) of this section if the garnishment was
issued for a debt described in ORS 18.605 (1)(a) and a general
judgment has not been entered in the action. A limited or general
judgment shall be entered under subsection (2) of this section if
the garnishment was issued for a debt described in ORS 18.605
(1)(b), (c) or (d). + }
{ - (3) - } { + (4) If a garnishee is liable to a creditor
under subsections (1) and (2) of this section, + } the creditor
may also recover costs of the creditor as determined under ORCP
68. If the garnishee fails to file a garnishee response within
the time required by law, the costs of the creditor may be
recovered from the garnishee even if it is determined that the
garnishee held no garnishable property of the debtor at the time
the writ was delivered to the garnishee.
{ - (4) - } { + (5) + } Any amounts from a garnishee
collected other than costs under a judgment entered pursuant to
this section must be credited against the debt owed by the debtor
to the creditor.
SECTION 9. ORS 135.705 is amended to read:
135.705. (1)(a) If the person injured acknowledges in writing,
at any time before trial on an accusatory instrument for the
crime, that the person has received satisfaction for the injury,
the court may, in its discretion, on payment of the costs and
expenses incurred, { - order - } { + enter a judgment
dismissing + } the accusatory instrument { - dismissed. The
order must be entered in the register - } .
(b) For purposes of paragraph (a) of this subsection, a written
acknowledgment that a civil penalty under ORS 30.875 has been
paid is not evidence that the person injured has received full
satisfaction for the injury and is not a compromise under this
section.
(2) As used in this section, 'costs' includes those expenses
specially incurred by the state in prosecuting the defendant,
including costs under ORS 151.505 for the compensation of counsel
appointed pursuant to ORS 135.045 or 135.050 and fees and
expenses paid under ORS 135.055.
SECTION 10. ORS 135.707 is amended to read:
135.707. { - The order authorized by ORS 135.705, when made
and entered, - } { + A judgment entered under ORS 135.705
+ }is a bar to another prosecution for the same crime.
SECTION 11. ORS 416.440 is amended to read:
416.440. (1) The documents required to be filed for purposes of
subsection (2) of this section include all the following:
(a) A true copy of any order entered, filed or registered by
the administrator or administrative law judge pursuant to ORS
416.400 to 416.465 or ORS chapter 110.
(b) A true copy of the return of service, if applicable.
(c) A separate statement containing the information required to
be contained in a judgment under ORS 18.042 (2).
(2) The documents described under subsection (1) of this
section shall be filed in the office of the clerk of the circuit
court in the county in which either the parent or the dependent
child resides or in the county where the court order was entered
if the administrative order is an order modifying a court order.
Upon receipt of the documents, the clerk shall enter the order in
the register of the circuit court, shall note in the register
that the order creates a lien and shall make the notations
required by ORS 18.075 in the judgment lien record maintained
under ORS 18.075.
(3) Upon entry in the register under subsection (2) of this
section, the order shall have all the force, effect and
attributes of a judgment of the circuit court, including but not
limited to:
(a) Creation of a judgment lien under ORS chapter 18; and
(b) Ability to be enforced by contempt proceedings and pursuant
to ORS 18.252 to 18.993.
(4) Notwithstanding subsection (3) of this section, an
administrative order modifying a court order shall not become
effective until reviewed and approved by the court under ORS
416.425 (10).
(5) Notwithstanding subsections (2) and (3) of this section,
the entry in the register of an order of the administrator or
administrative law judge does not preclude any subsequent
proceeding or remedy available under ORS 416.400 to 416.465.
{ + (6) An order filed under this section that modifies a
previously filed order or a previously entered judgment may
contain provisions that were included in the order or
judgment. + }
{ - (6) - } { + (7) + } A court or administrative order of
another state may be filed, or if appropriate, registered,
pursuant to this section for the purposes of ORS chapter 110.
Notwithstanding any other provision of this chapter, an order of
another state registered pursuant to ORS 110.405, 110.408 and
110.411 may not be modified unless the requirements of ORS
110.432 are met.
{ +
RECORDS ON APPEAL FROM JUVENILE COURT JUDGMENTS + }
SECTION 12. ORS 419A.200 is amended to read:
419A.200. (1) Except as provided in ORS 419A.190, any person or
entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court must be taken to the Court of Appeals, and an appeal from a
county court must be taken to the circuit court.
(2) If the proceeding is in the circuit court and no record of
the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court may not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child, ward,
youth or youth offender affected by such case. If a rehearing is
held, the time for taking an appeal runs from the date of entry
of the court's judgment after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the trial court administrator or other person serving as
clerk of the juvenile court; and
(C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
(b) The original of the notice with proof of service must be
filed with:
(A) The Court of Appeals if the appeal is from a circuit court;
or
(B) The circuit court if the appeal is from a county court.
(c) The notice must be filed not later than 30 days after the
entry of the court's judgment. On appeal from the county court,
the circuit court shall hear the matter de novo and its judgment
is appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
(4) The counsel in the proceeding from which the appeal is
being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents. If the party requesting an appeal
is represented by court-appointed counsel, court-appointed
counsel may discharge the duty to commence an appeal under this
subsection by complying with policies and procedures established
by the office of public defense services for appeals of juvenile
court judgments.
(5)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, the appellate
court shall grant the person leave to file a notice of appeal
after the time limits described in subsection (3) of this section
if:
(A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
(B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
(b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to ORS 419A.208.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section must be
filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
(d) The court may not grant relief under this subsection unless
the state has notice and opportunity to respond to the person's
request for relief.
(6) An appeal to the Court of Appeals must be conducted in the
same manner as an appeal under ORS chapter 19 except that:
(a) The court shall advance the appeal on the court's docket in
the same manner as appeals in criminal cases; and
(b) The court's scope of review is de novo on the record.
(7)(a) Except as provided in ORS 419A.208 (2), or when
otherwise ordered by the appellate court, the filing of an appeal
does not suspend an order or judgment of the juvenile court nor
discharge the ward or youth offender from the custody of the
person, institution or agency in whose custody the ward or youth
offender may have been placed nor preclude the juvenile court
after notice and hearing from entering such further orders
relating to the ward or youth offender's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order or judgment appealed
from. The trial court administrator shall immediately file
certified copies of any such order or judgment with the Court of
Appeals.
(b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the ward who is subject to
the judgment from which the appeal is taken.
(c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
must be consolidated, if appropriate, with any pending appeal of
an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal must be conducted and advanced
on the court's docket in the same manner as termination of
parental rights cases.
(8) On appeal of a judgment or final order, the appellate court
may review any interlocutory order that:
(a) Involves the merits or necessarily affects the judgment or
final order appealed from; and
(b) Was made after entry of the last appealable judgment or
final order preceding entry of the judgment or final order being
appealed.
(9) The district attorney or Attorney General shall represent
the state in the appeal.
{ + (10)(a) The court from which an appeal is taken shall
prepare and transmit a record on appeal in the manner provided in
ORS 19.365, except that, when the appeal is to the circuit court
from a county court, the record on appeal shall be prepared and
transmitted by the county court to the circuit court.
(b) The court to which an appeal is taken under this section
shall keep a record of the case on appeal that includes but is
not limited to notices of appeal, briefs, motions, orders of the
court and other papers filed with the court on appeal.
(c) The record on appeal prepared and transmitted under
paragraph (a) of this subsection, when it is in the custody of
the court to which the appeal is taken, and the record of the
case on appeal kept under paragraph (b) of this subsection are
subject to the same limitations on inspection, copying and
disclosure of records, reports and materials as those set forth
under ORS 419A.255 and 419A.257.
(d) The court on appeal may consent to disclosure of:
(A) Records described in paragraph (a) of this subsection,
while in the custody of the court to which the appeal is taken,
in the same manner and under the same circumstances as the
juvenile court consents to disclosure under ORS 419A.255 and
419A.257; or
(B) Records described in paragraph (b) of this subsection.
(e) Notwithstanding any other provision of law, any decision,
as that term is defined in ORS 19.450, issued by the Court of
Appeals or the Supreme Court, on appeal or review of a juvenile
court decision, is not confidential and is not exempt from
disclosure. + }
{ +
JUROR ELIGIBILITY + }
SECTION 13. ORS 10.030, as amended by section 4, chapter 70,
Oregon Laws 2007, and section 13, chapter 100, Oregon Laws 2007,
is amended to read:
10.030. (1) Except as otherwise specifically provided by
statute, the opportunity for jury service may not be denied or
limited on the basis of race, religion, sex, sexual orientation,
national origin, age, income, occupation or any other factor that
discriminates against a cognizable group in this state.
(2) Any person is eligible to act as a juror in a civil trial
unless the person:
(a) Is not a citizen of the United States;
(b) Does not live in the county in which summoned for jury
service;
(c) Is less than 18 years of age; or
(d) Has had rights and privileges withdrawn and not restored
under ORS 137.281.
(3)(a) Any person is eligible to act as a { + grand juror, or
as a + } juror in a criminal trial, { - beginning on or after
December 5, 1996, - } unless the person:
(A) Is not a citizen of the United States;
(B) Does not live in the county in which summoned for jury
service;
(C) Is less than 18 years of age;
(D) Has had rights and privileges withdrawn and not restored
under ORS 137.281; { - or - }
(E) Has been convicted of a felony or served a felony sentence
within the { - prior - } 15 years { + immediately preceding
the date the person is required to report for jury service; or
(F) Has been convicted of a misdemeanor involving violence or
dishonesty, or has served a misdemeanor sentence based on a
misdemeanor involving violence or dishonesty, within the five
years immediately preceding the date the person is required to
report for jury service + }.
(b) As used in this subsection:
(A) 'Felony sentence' includes any incarceration, post-prison
supervision, parole or probation imposed upon conviction of a
felony or served as a result of conviction of a felony.
(B) 'Has been convicted of a felony' has the meaning given that
term in ORS 166.270.
{ + (C) 'Misdemeanor sentence' includes any incarceration or
probation imposed upon conviction of a misdemeanor or served as a
result of conviction of a misdemeanor. + }
(4) A person who is blind, hard of hearing or speech impaired
or who has a physical disability is not ineligible to act as a
juror and may not be excluded from a jury list or jury service on
the basis of blindness, hearing or speech impairment or physical
disability alone.
(5) A person is ineligible to act as a juror in any circuit
court of this state within 24 months after being discharged from
jury service in a federal court in this state or circuit court of
this state unless that person's service as a juror is required
because of a need for additional jurors.
{ - (6) In addition to the disqualifications listed in
subsection (2) of this section, a person is ineligible to act as
a juror on a grand jury if the person has been convicted of a
felony, other than a felony traffic offense, or has served a
felony sentence, other than a sentence for a felony traffic
offense, within the prior 15 years. As used in this subsection, '
conviction' means an adjudication of guilt upon a verdict or
finding entered in a criminal proceeding in a court of competent
jurisdiction. - }
{ +
MISCELLANEOUS + }
SECTION 14. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
SECTION 15. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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