HOUSE BILL 555

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Georgene Louis

AN ACT

RELATING TO JURY TRIALS; ALLOWING SIX-MEMBER JURIES FOR DE NOVO CRIMINAL TRIALS IN DISTRICT COURT CASES APPEALED FROM COURTS OF LIMITED JURISDICTION.

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

     SECTION 1. Section 38-5-13 NMSA 1978 (being Laws 1969, Chapter 222, Section 13, as amended) is amended to read:

     "38-5-13. DRAWING AND QUALIFYING TRIAL JURY.--The district court of each county shall maintain a list of the names of the jurors duly empaneled and present for the trial of a case. The judge shall cause the names to be randomly selected until sufficient names have been drawn to provide the number of jurors required for the trial. The name and number of each juror shall be announced. Twelve or six jurors shall compose a petit jury in the district courts for the trial of civil causes. Twelve jurors shall compose a petit jury in criminal and children's court cases; except that six jurors shall compose a petit jury in de novo criminal trials resulting from an appeal, authorized by law or court rule, of a judgment or final order of a court of limited jurisdiction. Magistrate and metropolitan jury court selection shall be conducted in accordance with supreme court rules."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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