SENATE BILL 112

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO TRIALS; PROVIDING A PERMANENT EXEMPTION FROM JURY SERVICE, ON REQUEST AND AFFIDAVIT, FOR A PERSON WHO IS SEVENTY YEARS OF AGE OR OLDER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 38-5-2 NMSA 1978 (being Laws 1973, Chapter 150, Section 1, as amended) is amended to read:

     "38-5-2. EXEMPTION FROM JURY SERVICE--EXCUSALS--SERVICE OF DISQUALIFIED JUROR.--

          A. A person who has served as a member of a petit jury panel or a grand jury in either state or federal courts within the preceding thirty-six months shall be exempt from sitting or serving as a juror in a court of this state when the person requests to be exempted from service by reason of the exemption granted by this subsection.

          B. A person who is seventy years of age or older who files an affidavit requesting a permanent exemption from jury service with a local court shall be permanently exempt from jury service.

          [B.] C. A person may be excused from jury service at the discretion of the judge or the judge's designee, with or without the person's personal attendance upon the court, if:

                (1) jury service would cause undue or extreme physical or financial hardship to the prospective juror or to a person under the prospective juror's care or supervision;

                (2) the person has an emergency that renders the person unable to perform jury service; or

                (3) the person presents other satisfactory evidence to the judge or the judge's designee.

          [C.] D. A person requesting an exemption or an excuse from jury service shall take all necessary action to obtain a ruling on the request no later than the date on which the person is scheduled to appear for jury duty.

          [D.] E. The judge, in the judge's discretion, upon granting any excuse, may disallow the fees and mileage of the person excused.

          [E.] F. The service upon a jury of a person disqualified shall, of itself, not vitiate any indictment found or any verdict rendered by that jury, unless actual injury to the person complaining of the injury is shown.

          [F.] G. As used in this section and Section 38-5-1 NMSA 1978, "undue or extreme physical or financial hardship":

                (1) means circumstances in which a person would:

                     (a) be required to abandon another person under the person's care or supervision due to the extreme difficulty of obtaining an appropriate substitute caregiver during the period of jury service;

                     (b) incur costs that would have a substantial adverse impact on the payment of necessary daily living expenses of the person or the person's dependent; or

                     (c) suffer physical hardship that would result in illness or disease; and

                (2) does not exist solely because a prospective juror will be absent from employment."

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