2018 -- S 2596

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LC004965

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

JURY LISTS

     Introduced By: Senators Quezada, Calkin, Crowley, Metts, and Jabour

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 9-9-1 and 9-9-1.1 of the General Laws in Chapter 9-9 entitled

"Jury Lists" are hereby amended to read as follows:

     9-9-1. Persons liable to service -- Voting operator's licenses, Rhode Island

identification card, state income tax returns and unemployment compensation as evidence

Persons liable to service -- Voting operator's licenses, Rhode Island identification card, state

income tax returns, public assistance records and unemployment compensation as evidence.

     (a) A person is liable to serve as a juror if the person is:

     (1) A citizen of the United States; and

     (2) At least eighteen (18) years of age; and

     (3) A resident of Rhode Island who either:

     (i) Resides in the county where the person is registered to vote;

     (ii) Is licensed to operate a motor vehicle within this state; or

     (iii) Possesses a Rhode Island identification card issued pursuant to the provisions of §§

3-8-6 and 3-8-6.1; or

     (iv) Is an individual filing a state income tax return; or

     (v) Is an individual recipient of unemployment compensation. ;or

     (vi) Is an individual recipient of public assistance as defined in §40-6-1(b)(1).

     (b) The list of qualified electors of each town and city as made up by the board of

canvassers thereof, at its last meeting prior to the Tuesday after the first Monday in November in

each even numbered year, and the duly certified records of the administrator of the division of

motor vehicles shall be conclusive evidence of the liability of each person to serve as provided in

this chapter, unless in the case of a qualified elector the name of the person has been removed

from the list of qualified electors of that town or city on which the name of that person appears

prior to being summoned to appear in court as a juror, and except as provided in this chapter. The

jury commissioner shall notify the clerk of the board of canvassers and registration of each

particular city or town when it appears that a person on a list of qualified jurors does not reside at

the address on the list. The board of canvassers and registration, after due notice to the person,

shall challenge the listing thereof and after a hearing thereon may remove that person from the

list.

     (c) The division of motor vehicles shall forward to the jury commissioner the names of

licensed drivers and the names of those persons who possess Rhode Island identification cards

issued pursuant to the provisions of §§ 3-8-6 and 3-8-6.1 in the state on a yearly basis.

     (d) The division of taxation shall forward to the jury commissioner the names of all

individuals who have filed a state income tax return, on a yearly basis.

     (e) The department of labor and training shall forward to the jury commissioner the

names of all individuals who are receiving unemployment compensation, on a yearly basis.

     (f) The department of human services shall forward to the jury commissioner the names

of all individuals who are receiving public assistance, on a yearly basis.

     9-9-1.1. Qualifications of jurors.

     (a) A person is qualified to serve as a juror if the person is:

     (1) A citizen of the United States; and

     (2) A resident of Rhode Island who either:

     (i) Resides in the county where the person is registered to vote; or

     (ii) Is licensed to operate a motor vehicle within this state; or

     (iii) Possesses a Rhode Island identification card issued pursuant to the provisions of §§

3-8-6 and 3-8-6.1; or

     (iv) Is an individual filing a state income tax return; or

     (v) Is an individual recipient of unemployment compensation. ; or

     (vi) Is an individual recipient of public assistance as defined in §40-6-1(b)(1).

     (3) At least 18 years of age;

     (4) Able to understand and participate in the court proceedings; and

     (5) Physically and mentally capable of performing in a reasonable manner the duties of a

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juror.

     (b) No person shall be allowed to serve as a juror if he or she has been lawfully

adjudicated to be non compos mentis.

     (c) No person convicted of a felony shall be allowed to serve as a juror, until completion

of such felon's sentence, served or suspended, and of parole or probation regardless of a nolo

contendere plea.

     (d) Notwithstanding subdivisions (a)(4) and (5), a person with a disability shall not be

ineligible to serve as a juror solely on the basis of his or her disability, and if that person meets

the above requirements, with reasonable accommodations if necessary, he or she shall be deemed

a qualified juror.

     (e) Nothing in this section shall prevent the court from disqualifying a prospective juror

because he or she lacks a faculty or has a disability which will prevent the potential juror from

being a competent juror in a particular case.

     (f) Nothing in this section shall be construed to limit a party's right to preemptorially use

a peremptory challenge to remove jurors.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

JURY LISTS

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     This act would add any individual receiving public assistance to the list of those persons

liable and qualified for jury service and would mandate that the director of human services

provide the jury commissioner with a list of those people on public assistance on a yearly basis.

     This act would take effect upon passage.

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