First Regular Session
Sixty-second General Assembly
LLS NO. 99-0334.01 Beth Braby HOUSE BILL 99-1069
STATE OF COLORADO
BY REPRESENTATIVE Clarke
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING VOLUNTARY DISMISSAL OF CERTAIN PERSONS FROM JURY
102 SERVICE BASED ON AGE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires a juror 70 years of age or older to be excused from jury
service upon the juror's request at any stage prior to impaneling the jury.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 13-71-119, Colorado Revised Statutes, is amended
3 to read:
4 13-71-119. Deferments, excuses, and limitations. It shall be the
5 policy of this article that every trial juror shall be prepared to serve three
6 trial days, except upon a finding of extreme hardship. The court or the
7 jury commissioner may defer or advance the term of service of the trial
8 or grand juror upon a finding of hardship or inconvenience. The court
9 may excuse a juror from grand juror service upon a finding of hardship
10 or inconvenience, taking into consideration the length of grand juror
11 service. The court may excuse a juror from trial juror service upon a
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 finding of extreme hardship. The court may dismiss a trial or grand juror
2 at any time in the best interest of justice. THE COURT OR THE JURY
3 COMMISSIONER, UPON THE REQUEST OF ANY TRIAL OF GRAND JUROR WHO
4 IS SEVENTY YEARS OF AGE OR OLDER, SHALL DISMISS SUCH JUROR AT ANY
5 STAGE PRIOR TO IMPANELING THE TRIAL OR GRAND JURY. The court, after
6 a hearing, may excuse and discharge an impaneled juror prior to jury
7 deliberation upon a finding of extreme hardship, and such discharge shall
8 not be grounds for objection or a mistrial as long as the statutorily or
9 constitutionally required number of jurors remain able to proceed with the
10 trial and deliberation. The court, after a hearing, may excuse and
11 discharge a juror participating in jury deliberation only upon a finding of
12 an emergency or for any other compelling reason. If the statutorily or
13 constitutionally required number of jurors does not remain to hear
14 evidence or to participate in jury deliberation after the discharge of a
15 juror, the trial may continue with the lesser number of jurors only upon
16 agreement of all parties on the record. The court may discharge an
17 impaneled juror who has not appeared for juror service upon a finding
18 that there is a strong likelihood that an unreasonable delay in the trial
19 would occur if the court were to await the appearance of the juror. The
20 court may exercise any authority granted in this section at any time before
21 or during a juror's term of service.
22 SECTION 2. Effective date. This act shall take effect at 12:01
23 a.m. on the day following the expiration of the ninety-day period after
24 final adjournment of the general assembly that is allowed for submitting
25 a referendum petition pursuant to article V, section 1 (3) of the state
26 constitution; except that, if a referendum petition is filed against this act
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1 or an item, section, or part of this act within such period, then the act,
2 item, section, or part, if approved by the people, shall take effect on the
3 date of the official declaration of the vote thereon by proclamation of the
4 governor.