HOUSE BILL 1255

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Debbie A. Rodella

AN ACT

RELATING TO COURTS; PROVIDING THAT JUDGES NOT REQUIRE PERSONAL ATTENDANCE TO EXCUSE A PERSON FROM JURY SERVICE DUE TO EXTREME PHYSICAL HARDSHIP; REQUIRING THAT A PERSON EXCUSED FROM JURY SERVICE DUE TO EXTREME PHYSICAL HARDSHIP NOT BE SUMMONED AGAIN FOR SERVICE FOR A PERIOD OF THREE YEARS.

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 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. A person may be excused from jury service pursuant to Subsection B of this section with or without the person's personal attendance upon the court; except the judge or the judge's designee shall not require a person's personal attendance upon the court if the person provides, within the required time period indicated on the summons, a written request supported by satisfactory evidence for exemption from jury service due to extreme physical hardship.

          D. A person who is excused from jury service due to extreme physical hardship shall not be summoned for jury service for at least three years from the date of excusal.

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

          [E.] G. 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.] H. 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."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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