As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. S. B. No. 69 5
1997-1998 6
SENATORS B. JOHNSON-BLESSING-GAETH-LATTA-WATTS-SUHADOLNIK 8
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A B I L L
To amend sections 2313.12, 2313.16, 2313.34, 12
2939.03, 2939.04, 5920.10, and 5921.09 and to 13
repeal sections 737.26 and 5919.20 of the Revised 14
Code to eliminate exemptions from service as a
juror and to increase the compensation of jurors 15
and grand jurors. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2313.12, 2313.16, 2313.34, 20
2939.03, 2939.04, 5920.10, and 5921.09 of the Revised Code be 21
amended to read as follows: 22
Sec. 2313.12. The exemptions GRANTING of jurors AN EXCUSE 32
TO A JUROR shall be such PERMITTED as are prescribed by sections 33
2313.01 to 2313.46, inclusive, of the Revised Code, and the 34
general statutes of the state. The commissioners of jurors alone 35
shall decide upon their qualifications and exemptions up until
the time of notice for service, except as otherwise expressly 36
provided in such sections; but the court may review and decide 37
upon their qualifications and exemptions upon a written 38
application and satisfactory legal proof at any time after they 39
are notified and attend. The commissioners, upon request, shall 40
issue to a person entitled to WHO IS GRANTED an exemption EXCUSE 41
a certificate of that fact, which AND THE CERTIFICATE shall 42
exempt EXCUSE the person to whom it is granted from jury duty 43
during the time specified therein IN THE CERTIFICATE. Said THE 44
commissioners shall keep a record of all proceedings before them 45
or in their office, and of all persons exempted GRANTED AN 46
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EXCUSE, and OF the time OF and reasons for such exemptions THE 47
EXCUSE.
Sec. 2313.16. Except as provided by section 2313.13 of the 56
Revised Code, the court of common pleas shall not excuse a 57
person, liable to serve as a juror and drawn and notified, unless 58
it is shown to the satisfaction of the judge by either the juror 59
or another person acquainted with the facts, that: 60
(A) The juror is then necessarily absent from the county, 62
and will not return in time to serve;. 63
(B) The interests of the public, or of the juror, will be 65
materially injured by the juror's attendance;. 66
(C) The juror is physically unable to serve;. 68
(D) The juror's spouse, or a near relative of the juror or 70
the juror's spouse, has recently died or is dangerously ill;. 72
(E) The juror had been called as a juror for trial in a 74
court of record in the county within the same jury year. 75
When a person liable to serve is excused, in a case 77
specified in this section, or when a person notified to attend a 78
term as a juror is entitled to and claims an exemption, the juror 79
can be excused only by the judge presiding or a representative of 80
the judge. Such an excuse shall not extend beyond that term. 81
Every approved excuse shall be recorded and filed with the jury 82
commissioners. 83
Sec. 2313.34. A person summoned as a juror who has 92
actually served as a juror in any county of the state under 93
sections 2313.01 to 2313.46 of the Revised Code, for three 94
consecutive calendar weeks, shall be discharged by the court; 95
except that he THE PERSON shall not be so discharged until the 96
close of a trial in which he THE PERSON may be serving when the 98
said term expires. 99
The compensation of each juror shall be fixed by resolution 101
of the board of county commissioners, not to exceed fifteen FORTY 103
dollars for each day's attendance, payable out of the county
treasury. After ten days of actual service, the compensation of 104
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a juror shall be fixed at not less than fifteen FORTY dollars for 105
each additional day of actual service. Residents of townships 106
that are comprised entirely of islands shall be reimbursed for 107
such THE additional transportation costs as are incurred THEY 108
INCUR to serve as a juror, in such THE amount as is certified to 110
be due by a judge of the court in which such THE JURY service is 111
performed.
A person discharged as prescribed in this section is 113
thereafter prohibited from jury service in any court of the state 114
until the second jury year after the day of his THE PERSON'S last 116
service, except in counties of less than one hundred thousand 117
population, in which cases the court shall make rules in the 118
county applicable thereto. 119
Whenever the certificates of the clerk of the court of 121
common pleas show that a person is entitled to a discharge, as 122
prescribed in this section, the commissioners of jurors shall, 123
upon request, certify to that fact. Elected public officers, 124
physicians, attorneys at law, cloistered members of religious 125
organizations, dentists, and every person over seventy years of 126
age are NO PERSON SHALL BE exempted from jury service. Any 127
person exempted may waive his exemption from jury service for 128
such period of time as he sets forth to the person notifying him 130
of his selection for jury service FOR ANY REASON, BUT A PERSON 131
MAY BE EXCUSED IN ACCORDANCE WITH SECTIONS 2313.01 TO 2313.46 OF 132
THE REVISED CODE AND THE GENERAL STATUTES OF THE STATE. 133
No person shall be exempted from jury service by reason of 135
any financial contribution to any organization, public or 136
private. 137
Sec. 2939.03. A grand jury is drawn and notified by the 146
same persons, from the same jury wheel, automation data 147
processing storage drawer, or automated data processing 148
information storage device, and in the same manner as other 149
jurors are drawn and notified under sections 2939.02 to 2939.04, 150
inclusive, and 2313.01 to 2313.46, inclusive, of the Revised 151
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Code. Grand jurors so drawn and notified ARE NOT ENTITLED TO AN 152
EXEMPTION FOR ANY REASON BUT may be excused from service for the 153
same reasons and in the same manner as other jurors under such 154
THOSE sections, and not otherwise. They GRAND JURORS are subject 156
to the same fines and penalties for nonattendance and otherwise 157
as are other jurors under such THOSE sections. The duties and 158
the powers of courts of common pleas and clerks of courts of 159
common pleas, and of the commissioners of jurors in regard to 160
grand jurors, in all respects are the same as in regard to other 161
jurors. 162
Sec. 2939.04. The compensation of grand jurors shall be 171
fixed by resolution of the board of county commissioners, not to 172
exceed ten FORTY dollars for each day's attendance, payable out 173
of the county treasury. Except in counties of less than one 175
hundred thousand population according to the last federal census, 176
in which counties the judge of the court of common pleas shall 177
make rules and regulations in his THE JUDGE'S own county 178
applicable thereto, a person who has served as a grand juror at a 181
term of court is prohibited from serving again, either as a grand 182
juror or petit juror, in that jury year in which the service is 183
rendered, or in the next jury year. He THE PERSON is entitled to 184
a certificate of exemption EXCUSE in like manner as a petit 185
juror. The court of common pleas may order the drawing of a 187
special jury to sit at any time public business requires it. 188
Sec. 5920.10. Whenever the Ohio military reserve or any 197
part thereof OF IT is ordered out for active service by the 198
governor, the Ohio code of military justice shall be in full 199
force in respect to such forces. Every officer and enlisted man 200
MEMBER of such forces shall, during his THE OFFICER'S OR MEMBER'S 201
ACTIVE service therein, be exempt from service upon any posse 202
comitatus and from jury duty.
Sec. 5921.09. The Ohio naval militia shall be organized, 211
governed, drilled, and instructed in accordance with the 212
regulations and customs provided for the navy of the United 213
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States, and Chapter 5924. of the Revised Code, together with the 214
orders of the governor. Every commissioned officer, warrant
officer, and enlisted member, when ordered out for active service 215
by the governor, shall during his THE OFFICER'S OR MEMBER'S 216
ACTIVE service therein, be exempt from service upon any posse 217
comitatus and from jury duty. 218
Section 2. That existing sections 2313.12, 2313.16, 220
2313.34, 2939.03, 2939.04, 5920.10, and 5921.09 and sections 221
737.26 and 5919.20 of the Revised Code are hereby repealed. 222