CHAPTER 261
SB 35 – FINAL VERSION
03/07/13 0518s
24Apr2013… 1263h
24Apr2013… 1341h
06/26/13 2040CofC
2013 SESSION
06/03
SENATE BILL 35
AN ACT relative to the master jury list.
SPONSORS: Sen. Cataldo, Dist 6
This bill modifies certain provisions relative to jurors due to implementation of jury management software.
This bill also exempts the master jury list from the right-to-know law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/07/13 0518s
24Apr2013… 1263h
24Apr2013… 1341h
06/26/13 2040CofC
13-0952
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the master jury list.
Be it Enacted by the Senate and House of Representatives in General Court convened:
261:1 Jurors; Definitions; Master Jury List. RSA 500-A:1, IV is repealed and reenacted to read as follows:
IV. “Master jury list” means the list blended and compiled from the voter lists, which shall be provided by the secretary of state pursuant to RSA 654:45, VI on encrypted removable media, and from the official record of persons 18 years of age or older who hold a current New Hampshire driver’s license or a department of safety identification card, which shall be provided by the department. Information contained in the master jury list shall be private and confidential and shall not be subject to RSA 91-A.
261:2 Preparation of Master Juror List. Amend RSA 500-A:2 to read as follows:
500-A:2 Preparation of Master Jury List. The office shall annually [prepare and deliver] provide to the clerk of court a master jury list for each county or judicial district thereof. A duplicate list shall be retained by the office. Voter lists and department of safety lists, as well as the master jury list, are confidential documents to be used by the office and the respective trial courts only for purposes of jury selection. Voter lists shall contain only the names and addresses of persons listed; additional information, such as date of birth, shall be available to the office only for the purpose of resolving discrepancies in the master jury list.
261:3 Juror Qualification Form. Amend RSA 500-A:6 to read as follows:
500-A:6 Juror Qualification Form.
I. When [ordered] required to do so [by the court], the clerk shall draw [at random] from the master jury list the names or identifying numbers of as many prospective jurors as [the court by order requires] is necessary to create a sufficient jury pool. The names or identifying numbers of prospective jurors may be chosen either by random drawing or by computer on a random basis. The clerk shall prepare an alphabetical list of the names drawn. The names drawn on the list may be disclosed only to persons authorized to see the list under this chapter or upon specific order of the court. The addresses of jurors shall not be disclosed, except to counsel, to a pro se party examining juror qualification forms, or otherwise in accordance with court rule.
II. The clerk shall [mail] make available to every prospective juror whose name is drawn from the master list a juror qualification form, accompanied by instructions to [fill out] complete and [return] submit the form [by mail] to the clerk within 10 days after its receipt.
III. The [clerk] court shall prepare the juror qualification form[, subject to approval by the court]. The juror qualification form shall:
(a) Include the name, address, and age of the prospective juror;
(b) Require the prospective juror to specify if he or she is:
(1) A citizen of the United States and a resident of the county;
(2) Able to read, speak, and understand the English language;
(3) Subject to any physical or mental disability which would impair the prospective juror’s capacity to render satisfactory jury service; or
(4) A convicted felon whose conviction has not been annulled or whose conviction is not eligible for annulment under New Hampshire law; and
(c) Contain the prospective juror’s declaration that his or her responses are true to the best of his or her knowledge and his or her acknowledgment that a willful misrepresentation of a material fact may be punishable as a misdemeanor under the laws of this state.
IV. Notarization of the juror qualification form shall not be required.
V. If the prospective juror is unable to [fill out] complete the form, another person may do it for him or her. If another person [fills out] completes the form, [he] such person shall indicate that he or she has done so and why [he has done so].
VI. If it appears there is an omission, ambiguity, or error in a [return] submitted form, the clerk shall [again send] return the form [with instructions] to the prospective juror with instructions to make the necessary addition, clarification, or correction and [return] resubmit the form to the clerk within 10 days after receipt of these instructions.
261:4 Failure to Return a Juror Qualification Form; Questioning by the Clerk or Court. Amend RSA 500-A:7 to read as follows:
500-A:7 Failure to [Return] Submit a Juror Qualification Form; Questioning by the Clerk or Court.
I. Any prospective juror who does not [return] submit a completed juror qualification form as instructed shall be directed by the clerk to appear at the court to [fill out] complete the juror qualification form.
II. At the time of his or her appearance for jury service, or at the time of any interview before the court or clerk, a prospective juror may be required to [fill out] complete another juror qualification form in the presence of the court or clerk. The prospective juror may then be questioned, but only with regard to his or her responses to questions contained on the form and grounds for his or her excuse for disqualification. Any information acquired by the court or clerk at such time shall be noted on the juror qualification form.
261:5 Exemption from Jury Service. Amend RSA 500-A:9, II through IV to read as follows:
II. If any person at the age of 70 years or more is selected as a juror he or she may, at his or her discretion, [file with] inform the court [a written statement] prior to the convening of court [to the effect] that he or she does not wish to act as a juror. He or she shall then be discharged, and another juror may be drawn in his or her place.
III. If any member of the general court or delegate to a constitutional convention is selected as a juror when the general court or a constitutional convention is in session, he or she may [file with] inform the court [a written statement to the effect] that he or she does not wish to act as a juror. [He shall then be discharged, and another juror may be drawn in his place from the same town. ]
IV. No person shall serve as a petit juror at a term of court at which he or she has a case pending which may be tried by the jury at that time. [He shall be discharged from service as a juror, and another juror may be drawn in his place from the same town.]
261:6 Discharge by Court. Amend RSA 500-A:10 to read as follows:
500-A:10 Discharge by Court. If a person selected and attending court as a juror is deemed by the court to be mentally or physically unfit to act as a juror, he or she shall be discharged. [Another juror may be drawn in his place from the same county or judicial district thereof.]
261:7 Alternate Juror. Amend RSA 500-A:13, V to read as follows:
V. If, at any time after the final submission of the case to the jury, and before the jury has agreed on a verdict, a juror becomes incapacitated, is disqualified, or dies, the presiding justice may order him or her to be discharged and direct the clerk to [place the names of all of the remaining alternates in a box and draw] select at random the name of an alternate, who shall then take the place of the discharged juror on the jury. Before making a substitution, the presiding justice shall make a finding on record that the substitution will not cause prejudice to any party. The presiding justice shall instruct the jury to recommence deliberations and shall give the jury such other supplemental instructions as may be appropriate. The jury shall then renew its deliberations with the alternate juror.
261:8 Repeal. RSA 500-A:3-a, relative to preparation of master jury list; computer, is repealed.
261:9 New Paragraph; Exemptions From Right-to-Know Law; Master Jury Lists. Amend RSA 91-A:5 by inserting after paragraph I the following new paragraph:
I-a. The master jury list as defined in RSA 500-A:1, IV.
261:10 Effective Date. This act shall take effect July 1, 2013.
Approved: July 24, 2013
Effective Date: July 1, 2013