45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO JURIES; PROVIDING FOR A VOLUNTARY EXEMPTION FROM JURY SERVICE FOR PERSONS SEVENTY-FIVE YEARS OF AGE OR OLDER.

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

Section 1. Section 38-5-1 NMSA 1978 (being Laws 1969, Chapter 222, Section 1, as amended) is amended to read:

"38-5-1. QUALIFICATION OF JURORS.--Any person who is at least eighteen years of age, a United States citizen, a resident of New Mexico residing in the county for which a jury may be convened and is not a convicted felon is eligible and may be summoned for service as a juror by the district courts and magistrate courts, unless the person is incapable because of physical or mental illness or infirmity to render jury service or unless the person is seventy-five years of age or older and he chooses to exempt himself from jury duty."

Section 2. 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.--

A. Persons who have served as members 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 jurors in any of the courts of this state when they, at their option, request to be excused from service by reason of the exemption granted by this [section] subsection.

B. Persons who are seventy-five years of age or older shall be exempt from sitting or serving as jurors in any of the courts of this state when they, at their option, request to be excused from service by reason of the exemption granted by this subsection.

C. Any other person may be excused from jury service at the discretion of the judge upon satisfactory evidence presented to the judge with or without the person's personal attendance upon the court.

D. The judge, in his discretion, upon granting any excuse, may disallow the fees and mileage of the person excused.

E. The service upon any jury of any 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."