First Substitute H.B. 324

Representative Greg J. Curtis proposes the following substitute bill:

1 JURY SYSTEM AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Greg J. Curtis
5 This act modifies the Utah Judicial Code by allowing for excusal from or postponement
6 of jury service for specific reasons and providing penalties for failing to appear. This act
7 takes effect on July 1, 2003.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-46-2, as last amended by Chapter 159, Laws of Utah 1993
11 78-46-4, as last amended by Chapter 159, Laws of Utah 1993
12 78-46-12, as last amended by Chapter 308, Laws of Utah 2001
13 78-46-15, as last amended by Chapter 308, Laws of Utah 2001
14 78-46-20, as enacted by Chapter 130, Laws of Utah 1979
15 78-46-21, as last amended by Chapter 318, Laws of Utah 1990
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 78-46-2 is amended to read:
18 78-46-2. Jurors selected from random cross section -- Opportunity and obligation
19 to serve.
20 It is the policy of this state that persons selected for jury service be selected at random
21 from a fair cross section of the population of the county, and that all qualified citizens have the
22 opportunity in accordance with this chapter to be considered for service and have the obligation
23 to serve when summoned for that purpose, unless excused.
24 Section 2. Section 78-46-4 is amended to read:
25 78-46-4. Definitions.

26 (1) "Clerk" or "clerk of the court" means the person so designated by title and includes
27 any deputy clerk.
28 (2) "Court" means trial courts.
29 (3) "Jury" means a body of persons temporarily selected from the citizens of a
30 particular county invested with power to present and indict a person for a public offense or to
31 try a question of fact.
32 (4) "Master jury list" means the source lists as prescribed by the Judicial Council
33 under Section 78-46-10 .
34 (5) "Public necessity" means circumstances in which services performed by the
35 prospective juror to members of the public in either a public or a private capacity cannot
36 adequately be performed by others.
37 [(5)] (6) "Qualified jury list" means the list of prospective jurors whose names are
38 drawn at random from the master jury list and are determined to be qualified to serve as jurors.
39 [(6)] (7) "Trial jury" means a body of persons selected from the citizens of a particular
40 county before a court or officer of competent jurisdiction and sworn to try and determine by
41 verdict a question of fact.
42 (8) "Undue hardship" means circumstances in which the prospective juror would:
43 (a) be required to abandon a person under his or her personal care or incur the cost of
44 substitute care that is unreasonable under the circumstances;
45 (b) suffer extreme physical hardship due to an illness, injury, or disability; or
46 (c) incur substantial costs or lost opportunities due to missing an event that was
47 scheduled prior to the initial notice of potential jury service.
48 Section 3. Section 78-46-12 is amended to read:
49 78-46-12. Qualified jury list -- Term of availability -- Juror qualification form --
50 Content -- Completion -- Penalties for failure to complete or misrepresentation -- Joint
51 jury list for court authorized.
52 (1) Prospective jurors shall be selected at random from the master jury list and, if
53 qualified, placed on the qualified jury list. A prospective juror shall remain on the qualified
54 jury list for no longer than six months or for such shorter period established by rule of the
55 Judicial Council. The qualified jury list may be used by all courts within the county, but no
56 person shall be summoned to serve as a juror in more than one court.

57 (2) The Judicial Council shall by rule govern the process for the qualification of jurors
58 and the selection of qualified jurors for voir dire.
59 (3) The state court administrator shall develop a standard form for the qualification of
60 jurors. The form shall include:
61 (a) the name, address, and daytime telephone number of the prospective juror;
62 (b) questions suitable for determining whether the prospective juror is competent under
63 statute to serve as a juror; and
64 (c) the person's declaration that the responses to questions on the qualification form are
65 true to the best of the person's knowledge.
66 [(4) Any prospective juror who fails to return a completed form as instructed shall be
67 directed by the court to appear before the clerk to complete the form. A person who fails to
68 appear is subject to the procedures and penalties in Section 78-46-20 .]
69 [(5) Any person who willfully misrepresents a material fact on a juror qualification
70 form for the purpose of avoiding or securing service as a juror is guilty of a class C
71 misdemeanor.]
72 Section 4. Section 78-46-15 is amended to read:
73 78-46-15. Excuse from jury service -- Postponement.
74 [(1) The court, upon request of a prospective juror or on its own initiative, shall
75 determine on the basis of information provided on the juror qualification form or by interview
76 with the prospective juror, or by other competent evidence, whether the prospective juror
77 should be excused from jury service. The clerk shall enter this determination in the records of
78 the court.]
79 [(2)] (1) A person may be excused from jury service by the court[, at its discretion,]
80 upon a showing of undue hardship, [extreme inconvenience,] public necessity, or that the
81 person is incapable of jury service. The excused period may be for any period [the court
82 considers necessary.] for which the grounds exist.
83 (2) The grounds for excusal from jury service shall be shown by affidavit, sworn
84 testimony, or other competent evidence.
85 (3) The court may postpone jury service upon a showing of good cause.
86 Section 5. Section 78-46-20 is amended to read:
87 78-46-20. Penalties.

88 (1) A person who fails to respond timely to questions regarding qualification for jury
89 service shall be in contempt of court and subject to penalties under Title 78, Chapter 32,
90 Contempt.
91 (2) A person summoned for jury service who fails to appear or to complete jury service
92 as directed [shall be ordered by the court to immediately appear and show cause for failure to
93 comply with the summons. Any person who fails to show good cause for noncompliance with
94 the summons is guilty of criminal contempt and may be fined not more than $100 or
95 imprisoned not more than three days, or both] shall be in contempt of court and subject to
96 penalties under Title 78, Chapter 32, Contempt.
97 (3) Any person who willfully misrepresents a material fact regarding qualification for,
98 excuse from, or postponement of jury service is guilty of a class C misdemeanor.
99 Section 6. Section 78-46-21 is amended to read:
100 78-46-21. Employer not to discharge or threaten employee for jury service --
101 Criminal penalty -- Civil action by employee.
102 (1) An employer may not deprive an employee of employment [or], threaten or take
103 any adverse employment action, or otherwise coerce the employee regarding his employment
104 because the employee receives a summons, responds to it, serves as a juror, or a grand juror, or
105 attends court for prospective jury or grand jury service.
106 (2) An employee may not be required or requested to use annual, vacation, or sick
107 leave for time spent responding to a summons for jury duty, time spent participating in the jury
108 selection process, or for time spent actually serving on a jury. Nothing in this provision shall
109 be construed to require an employer to provide annual, vacation, or sick leave to employees
110 under the provisions of this statute who otherwise are not entitled to those benefits under
111 company policies.
112 [(2)] (3) Any employer who violates this section is guilty of criminal contempt and
113 upon conviction may be fined not more than $500 or imprisoned not more than six months, or
114 both.
115 [(3)] (4) If any employer discharges an employee in violation of this section, the
116 employee within 30 days may bring a civil action for recovery of wages lost as a result of the
117 violation and for an order requiring the reinstatement of the employee. Damages recoverable
118 may not exceed lost wages for six weeks. If the employee prevails, the employee shall be

119 allowed a reasonable attorney's fee fixed by the court.
120 Section 7. Effective date.
121 This act takes effect on July 1, 2003.