SENATE BILL 98136
BY SENATORS Mutzebaugh, Congrove, Pascoe, Perlmutter, Powers, and Tanner;
also REPRESENTATIVES T. Williams, Dyer, Lawrence,
and Udall.
CONCERNING JURY SERVICE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1371104,
Colorado Revised Statutes, is amended to read:
1371104. Eligibility for
juror service prohibition of discrimination.
Juror service is a duty that every qualified person shall perform
when selected. All trial and grand jurors shall be selected at
random from a fair cross section of the population of the area
served by the court. All selected and summoned jurors shall serve,
except as otherwise provided in this article. No person shall
be exempted or excluded from serving as a trial or grand juror
because of race, color, religion, sex, national origin, economic
status, or occupation. Physically impaired persons shall serve,
except where the court finds that such service is not feasible.
The court shall strictly enforce the provisions of this article;
EXCEPT THAT THE SUPREME COURT MAY PROVIDE BY RULE FOR THE EXCLUSION
IN A CRIMINAL TRIAL OF A JUROR WHO IS EMPLOYED BY A PUBLIC LAW
ENFORCEMENT AGENCY OR PUBLIC DEFENDER'S OFFICE.
SECTION 2. 1371105
(2), Colorado Revised Statutes, is amended BY THE ADDITION OF
THE FOLLOWING NEW PARAGRAPHS to read:
1371105. Qualifications
for juror service. (2) A prospective
trial or grand juror shall be disqualified, based on the following
grounds:
(g) SERVICE AS A JUROR IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 1371120 WITHIN THE CURRENT
CALENDAR YEAR. ANY PERSON CLAIMING THIS DISQUALIFICATION SHALL
SUBMIT A LETTER OR CERTIFICATE FROM THE APPROPRIATE AUTHORITY
VERIFYING SUCH PRIOR JUROR SERVICE.
(h) SERVICE WITHOUT POSTPONEMENT OR DEFERMENT
IN THE IMMEDIATELY PRECEDING TWO CONSECUTIVE CALENDAR YEARS; BUT
THIS DISQUALIFICATION APPLIES ONLY TO A PERSON RESIDING IN A CLASS
A OR CLASS B COUNTY AND DOES NOT APPLY IN EMERGENCY CIRCUMSTANCES
AS PROVIDED FOR IN SECTION 1371112.
SECTION 3. 1371107
(1), Colorado Revised Statutes, is amended to read:
1371107. Master juror list.
(1) Each November
YEAR, the state court administrator shall obtain from the secretary
of state a voter registration list for each county in the state.
The supreme court, from time to time, shall designate the supplementation
of voter registration lists with licensed driver lists and other
lists of persons living in the counties. The supplemented voter
registration lists, without duplication of names, shall be used
to compile the master juror list for the following year. A COPY
OF the master juror list THAT DOES NOT CONTAIN ADDRESSES OF THE
JURORS shall be open to the public for examination as a public
record.
SECTION 4. 1371108,
Colorado Revised Statutes, is amended to read:
1371108. Master juror wheel.
The state court administrator shall use an electronic automated
system to compile and maintain a master juror wheel and shall
determine annually, based upon past requirements, the total number
of prospective jurors from each county to be placed on the master
juror wheel. The wheel shall consist of names and identifying
numbers for prospective jurors taken from the master juror list.
The state court administrator may add, as necessary or upon court
order, the names of additional jurors. By
January 31 of Each year, the master
juror wheel shall be emptied and refilled in compliance with the
provisions of this article. Jurors receiving cancellations or
postponements of juror service may be replaced on the master juror
wheel for the succeeding year and shall receive new summonses
for their new dates in the succeeding year.
SECTION 5. 1371136,
Colorado Revised Statutes, is amended to read:
1371136. Availability of
juror list. (1) ABSENT A COURT
ORDER TO THE CONTRARY, upon request, the jury commissioner shall
make available for inspection by parties, counsel, OR their agents
or members of the public
a list of prospective jurors containing the jurors' names. and
addresses. THE JURY COMMISSIONER
SHALL ASSURE THAT THE JUROR RESIDES IN THE PROPER COUNTY.
(2) ABSENT A COURT ORDER TO THE CONTRARY,
UPON REQUEST, THE JURY COMMISSIONER SHALL MAKE AVAILABLE FOR INSPECTION
BY COUNSEL OR PRO SE PARTIES A LIST OF PROSPECTIVE JURORS CONTAINING
THE JURORS' NAMES AND ADDRESSES.
(3) UPON REQUEST, THE JURY COMMISSIONER
SHALL MAKE AVAILABLE FOR INSPECTION BY MEMBERS OF THE PUBLIC A
LIST OF PROSPECTIVE JURORS CONTAINING ONLY THE JURORS' NAME AND
JUROR NUMBER.
SECTION 6. 1610103
(1) (k), Colorado Revised Statutes, is amended to read:
1610103. Challenge of jurors
for cause. (1) The court shall
sustain a challenge for cause on one or more of the following
grounds:
(k) The juror is a
lawyer or a compensated employee
of a public law enforcement agency OR A PUBLIC DEFENDER'S OFFICE.
SECTION 7. Effective
date. This act shall take effect January 1, 1999.
SECTION 8. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO