SENATORS Goodman, Harris, Amstutz, Fingerhut, Blessing, DiDonato, Robert Gardner, Schuler, Stivers

To amend sections 2313.08, 2313.10, 2313.11, 2313.12,

1

2313.13, 2313.15, 2313.16, 2313.18, 2313.25,

2

2313.26, 2313.30, 2313.34, 2313.99, and 2945.28

3

and to enact section 2313.251 of the Revised Code

4

to change the penalties for failure to attend as

5

required by a notice for jury service and to serve

6

as a juror, to change the circumstances under and

7

methods by which jury service may be postponed, to

8

provide protections for employees and small

9

employers when employees are summoned for jury

10

service, to eliminate the cap on juror

11

compensation, to shorten the period of jury

12

service after which a juror may be discharged, to

13

allow the commissioners of jurors to establish an

14

electronic notification system to allow jurors to

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be notified electronically that the juror shall

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attend in person the term or part of the term

17

specified in the notice, and to make other changes

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to the jury selection procedures.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2313.08, 2313.10, 2313.11, 2313.12,	20
2313.13, 2313.15, 2313.16, 2313.18, 2313.25, 2313.26, 2313.30,	21
2313.34, 2313.99, and 2945.28 be amended and section 2313.251 of	22
the Revised Code be enacted to read as follows:	23

Sec. 2313.08.  (A) The jury year in each county shall begin	24
on the first Monday of August of each year, provided the court of	25
common pleas may designate otherwise. A new and complete jury list	26
shall be made up annually by the commissioners of jurors, and	27
shall be certified by them and filed in their office before the	28
beginning of each jury year. The names shall be entered in a	29
suitable book or record, to be known as the "annual jury list,"	30
shall be arranged alphabetically so far as practicable and under	31
convenient divisions by precincts, districts, and townships, and	32
shall be properly indexed. With each name shall be recorded the	33
occupation, place of business, place of residence, duration of	34
residence in this state, citizenship status, date of birth, and	35
social security number of the person, as nearly as they can be	36
ascertained. A duplicate of the list shall be certified by the	37
commissioners and filed in the office of the clerk of the court of	38
common pleas. The commissioners may, by order of the court, add to	39
the list, or enter on a supplementary list, the names of persons	40
who shall thereafter be discovered to be qualified to serve as	41
jurors.	42

(B) In the selection of names for the annual jury list, the	43
commissioners may select all names other than names of persons	44
excused from service permanently pursuant to section 2313.16 of	45
the Revised Code from the list of electors certified by the board	46
of elections pursuant to section 2313.06 of the Revised Code or	47
may select all names other than names of persons excused from	48
service permanently pursuant to section 2313.16 of the Revised	49
Code from the list of qualified driver licensees certified by the	50
registrar of motor vehicles pursuant to section 2313.06 of the	51
Revised Code and from the list of electors certified by the board	52
of elections pursuant to section 2313.06 of the Revised Code. The	53
commissioners may not select for the annual jury list names of	54
persons who are excused from service permanently pursuant to	55
section 2313.16 of the Revised Code.	56

In the selection of the names for the annual jury list,	57
unless otherwise ordered by the court, the commissioners shall	58
assign a consecutive number to each name, starting with one, and	59
shall use a key number that shall be designated by the court. The	60
commissioners shall select the name of each prospective juror,	61
starting with the name that corresponds to a randomly selected	62
number that may range from the number one to the key number, and	63
proceeding accordingly in the numerical sequence of the key number	64
so designated, until the required number of prospective jurors has	65
been selected.	66

(C) Automation data processing procedures and visual display	67
apparatus may be utilized in the selection of the names for the	68
annual jury list, and in the actual compilation of the list.	69

Sec. 2313.10. (A) The commissioners of jurors may serve	70
personally or by mail on any person within the county, a notice	71
requiring himthe person to attend before a commissioner at a	72
specified time, not less than five days after service of the	73
notice, for the purpose of testifying concerning histhe person's	74
own qualifications or liability, or those of any other person, to	75
serve as a juror. A person so notified must attend and testify	76
accordingly.	77

(B) No prospective juror shall fail to attend as specified in	78
division (A) of this section.	79

Sec. 2313.11. (A) If a prospective juror fails to attend as	80
specified in the notice referred to in section 2313.10 of the	81
Revised Code, for any cause except physical disability, or if hea	82
prospective juror refuses to be sworn, or to answer any legal and	83
pertinent question put to himthe prospective juror by a	84
commissioner of jurors, such fact shall be reported by the	85
commissioner shall report that fact to the court and such person	86
shall be dealt with as for contempt of court. One or more	87
successive notices may be served upon the same person when hethe	88
person fails to attend as required by the former notice and he	89
shall be liable to punishment as for contempt of court for each	90
failure to attend. A commissioner may dispense with the personal	91
attendance of a person so notified, when another person cognizant	92
of the facts is produced and testifies in his stead. When a person	93
has so attended twice for examination, hethe person cannot be	94
required to attend again in the same jury year.	95

(B) No prospective juror shall fail to answer any legal and	96
pertinent question put to the prospective juror by the court.	97

(C) The court shall inform a prospective juror that the	98
prospective juror has the right to request an in-camera hearing,	99
on the record and with an attorney present, regarding any legal	100
and pertinent question put to the prospective juror by the court.	101

Sec. 2313.12. It is the policy of this state that all	102
qualified citizens have an obligation to serve on petit juries	103
when summoned by the courts of this state unless the citizen is	104
excused as provided in sections 2313.01 to 2313.46 of the Revised	105
Code. The granting of an excuse or postponement to a juror shall	106
be permitted as prescribed by sections 2313.01 to 2313.46 of the	107
Revised Code and the general statutes of the state. The	108
commissioners of jurors, upon request, shall issue to a person who	109
is granted an excuse or postponement a certificate of that fact,	110
and the certificate shall excuse the person to whom it is granted	111
from jury service during the time specified in the certificate or	112
shall postpone the time for jury service of the person to whom it	113
is granted to the time specified in the certificate. The	114
commissioners shall keep a record of all proceedings before them	115
or in their office, of all persons who are granted an excuse or	116
postponement, and of the time of and reasons for the excuse or	117
postponement.	118

Sec. 2313.13. (A) The court of common pleas of a county or	119
the judge of the court of common pleas of a county may discharge,	120
for the term of a court or for part of a term of a court, one or	121
more jurors summoned for jury duty whose attendance is not	122
required for the trial of issues at that term or part of a term.	123

(B)(1) The court of common pleas of a county or a judge of	124
the court of common pleas of a county may, upon a request made at	125
least forty-eight hours before the juror's initial appearance by a	126
juror who appears in person or contacts the appropriate court	127
employee appointed by the court by telephone, in writing, or by	128
electronic mail, shall postpone the whole or a part of a juror's	129
time of service onthe juror's initial appearance for jury duty,	130
after summoning the juror for jury duty, to eitherif both of the	131
following apply:	132

(a) To a later date during the same term of court or part of	133
a term of court;	134

(b) To a subsequent term of court or part of a term of court	135
of the same jury year.	136

(2) Each(1) The juror has not previously been granted a	137
postponement.	138

(2) The juror and the appropriate court employee appointed by	139
the court agree to a specified date on which the juror will appear	140
for jury service. The specified date shall be one on which the	141
court is in session and unless extraordinary circumstances exist	142
that is not more than three months after the date for which the	143
juror was originally called to serve. If extraordinary	144
circumstances exist, the court may, at the court's discretion,	145
specify a date on which the juror will appear for jury service	146
that is more than three months after the date for which the juror	147
was originally called to serve.	148

(B) The court of common pleas of a county or the judge of the	149
court of common pleas of a county may grant a second or subsequent	150
postponement of jury service to a juror only in the event of an	151
extreme emergency, such as a death in the juror's family, a sudden	152
illness of the juror, or a natural disaster or national emergency	153
in which the juror is personally involved, that could not have	154
been anticipated at the time the initial postponement was granted.	155
Before receiving a second or subsequent postponement, the juror	156
shall agree to a specified date on which the juror will appear for	157
jury service. The specified date shall be one on which the court	158
is in session and that is not more than three months after the	159
date of the postponement.	160

Each juror whose time of service on jury duty is postponed	161
until a specified date may be required to attend the opening of	162
court on that day and on each day after that day until the juror	163
is discharged, without additional summons from the court.	164

(C) The court of common pleas of a county, or a judge of the	165
court of common pleas of a county, may excuse until a specified	166
date one or more jurors summoned for jury duty whose attendance is	167
not required for the trial of issues until that day. Each juror	168
excused until a specified date may be required to attend the	169
opening of court on that day and on each day after that day until	170
the juror is discharged, without additional summons from the	171
court.	172

(D) The court of common pleas of a county or a judge of the	173
court of common pleas of a county may excuse a juror, after	174
summoning the juror for jury duty, from service on jury duty at	175
that term of court for not more than three days at a time, if the	176
exigencies of the juror's business require the juror's temporary	177
excuse.	178

Sec. 2313.15.  The commissioners of jurors shall report the	179
names of all jurors granted a postponement or temporarily excused	180
to a subsequent part of a term or to a subsequent term as provided	181
in section 2313.13 of the Revised Code, to the officers attending	182
the drawing of the jurors for that term or part of a term, and	183
each such name shall be placed upon the list of jurors drawn as	184
provided by sections 2313.01 to 2313.46 of the Revised Code. Such	185
juror shall be made one of the total number directed to be drawn	186
for that term or part of a term, and no more names shall be drawn	187
from the jury wheel, or drawn by use of the automation data	188
processing equipment and procedures described in section 2313.07	189
of the Revised Code, than are sufficient to make up the number	190
ordered by adding the names of the jurors so excused to the names	191
then drawn.	192

Sec. 2313.16. (A) Except as provided by section 2313.13 of	193
the Revised Code, the court of common pleas shall not excuse a	194
person who is liable to serve as a juror and who is drawn and	195
notified, unless it is shown to the satisfaction of the judge by	196
either the juror or another person acquainted with the facts that	197
one or more of the following applies:	198

(A) The juror is then necessarily absent from the county and	199
will not return in time to serve.	200

(B)(1) The interests of the public or of the juror will be	201
materially injured by the juror's attendance.	202

(C) The juror is physically unable to serve.

203

(D) The juror's spouse or a near relative of the juror or the	204
juror's spouse has recently died or is dangerously ill.	205

(E) The juror had been called as a juror for trial in a court	206
of record in the county within the same jury year.	207

(F)(2) The juror is a cloistered member of a religious	208
organization.	209

(3) The prospective juror has a mental or physical condition	210
that causes the prospective juror to be incapable of performing	211
jury service. The prospective juror, or the prospective juror's	212
personal representative, must provide the court with documentation	213
from a physician licensed to practice medicine verifying that a	214
mental or physical condition renders the prospective juror unfit	215
for jury service for a period of up to twenty-four months.	216

(4) Jury service would otherwise cause undue or extreme	217
physical or financial hardship to the prospective juror or a	218
person under the care or supervision of the prospective juror. A	219
judge of the court for which the prospective juror was called to	220
jury service shall make undue or extreme physical or financial	221
hardship determinations. The judge may delegate the authority to	222
make these determinations to an appropriate court employee	223
appointed by the court.	224

(B) A prospective juror who requests to be excused from jury	225
service under this section shall take all actions necessary to	226
obtain a ruling on that request by not later than the date on	227
which the prospective juror is scheduled to appear for jury duty.	228

(C)(1) For purposes of this section, undue or extreme	229
physical or financial hardship is limited to circumstances in	230
which any of the following apply:	231

(a) The prospective juror would be required to abandon a	232
person under the prospective juror's personal care or supervision	233
due to the impossibility of obtaining an appropriate substitute	234
caregiver during the period of participation in the jury pool or	235
on the jury.	236

(b) The prospective juror would incur costs that would have a	237
substantial adverse impact on the payment of the prospective	238
juror's necessary daily living expenses or on those for whom the	239
prospective juror provides the principle means of support.	240

(c) The prospective juror would suffer physical hardship that	241
would result in illness or disease.	242

(2) Undue or extreme physical or financial hardship does not	243
exist solely based on the fact that a prospective juror will be	244
required to be absent from the prospective juror's place of	245
employment.	246

(D) A prospective juror who asks a judge to grant an excuse	247
based on undue or extreme physical or financial hardship shall	248
provide the judge with documentation that the judge finds to	249
clearly support the request to be excused. If a prospective juror	250
fails to provide satisfactory documentation, the court may deny	251
the request to be excused.	252

(E) When a personprospective juror who is liable to serve is	253
excused in a case specified in this section, the prospective juror	254
can be excused only by the judge presiding in the case or a	255
representative of the judge. An excuse, including whether or not it	256
is a permanent excuse, approved pursuant to this section shall not	257
extend beyond that term. Every approved excuse shall be recorded	258
and filed with the commissioners of jurors. After twenty-four	259
months, a person excused from jury service shall become eligible	260
once again for qualification as a juror unless the person was	261
excused from service permanently. A person is excused from jury	262
service permanently only when the deciding judge determines that	263
the underlying grounds for being excused are of a permanent	264
nature.	265

Sec. 2313.18.  (A) No employer shall discharge or, threaten	266
to discharge, or take any disciplinary action that could lead to	267
the discharge of any permanent employee who is summoned to serve	268
as a juror pursuant to Chapter 2313. of the Revised Code if the	269
employee gives reasonable notice to the employer of the summons	270
prior to the commencement of the employee's service as a juror and	271
if the employee is absent from employment because of the actual	272
jury service.	273

(B) No employer shall require or request an employee to use	274
annual, vacation, or sick leave for time spent responding to a	275
summons for jury duty, time spent participating in the jury	276
selection process, or for time spent actually serving on a jury.	277
Nothing in this division requires an employer to provide annual,	278
vacation, or sick leave to employees under the provisions of this	279
section who otherwise are not entitled to those benefits under the	280
employer's policies.	281

(C) A court shall automatically postpone and reschedule the	282
service of a summoned juror of an employer with twenty-five or	283
fewer full-time employees, or their equivalent, if another	284
employee of that employer has previously been summoned to appear	285
during the same term or part of a term of that court for which	286
that juror has been summoned and if that employer or employee	287
demonstrates to the sufficiency of the court that the other	288
employee has been so summoned. A postponement under this division	289
does not constitute the excused individual's right to one	290
automatic postponement pursuant to section 2313.13 of the Revised	291
Code.	292

(D) Whoever violates this section shall be punished as for a	293
contempt of court pursuant to Chapter 2705. of the Revised Code.	294

Sec. 2313.25. (A) The clerk of the court of common pleas	295
shall deliver to the sheriff venires containing the names and	296
addresses of the jurors drawn, and specifying when the jurors	297
shall appear. The sheriff shall notify each juror named thereinin	298
the venires to attend, in person or electronically, as specified	299
in division (B) of this section, the term or part of a term for	300
which hethe juror was drawn, by serving upon him,the juror at	301
least six days before the commencement thereof,of the term or	302
part of a term a notice addressed to him,the juror stating that	303
hethe juror has been drawn as a juror for, and is required to	304
attend, in person or electronically, as specified in division (B)	305
of this section, the term or part of a term specified in the	306
notice. SuchThe sheriff shall serve the notice may be served	307
personally, by mail, or by leaving it at the juror's residence, or	308
at histhe juror's usual place of business. Before the	309
commencement of a term, or part of a term, the sheriff shall	310
return the venires for that term or part of a term, with histhe	311
sheriff's services thereon, and suchthe return and service shall	312
be presumptive evidence of the fact of such service.	313

(B) If pursuant to section 2313.251 of the Revised Code, the	314
commissioners of jurors establish a procedure for the electronic	315
notification of a person who has been drawn as a juror, the notice	316
addressed to the juror and served pursuant to division (A) of this	317
section shall specify the procedure for electronically notifying	318
the juror.	319

Sec. 2313.251. The commissioners of jurors may establish an	320
electronic notification system to allow a person who has been	321
drawn as a juror to be notified electronically that the juror	322
shall attend in person the term or part of the term specified in	323
the notice. The types of electronic notification include, but are	324
not limited to, cellular telephone, pager, or other forms of	325
telecommunication. If the commissioners of jurors establish an	326
electronic notification system, the commissioners shall establish	327
a procedure for implementing the system, a procedure for the juror	328
to select the method of electronic notification that is applicable	329
to the juror, and a procedure for the juror to opt in or opt out	330
of the electronic notification system, whichever is applicable.	331

Sec. 2313.26.  At any time, during the term of a court of	332
record, the court may order an additional number of jurors to be	333
drawn by the commissioners of jurors for the term, or for part of	334
a term, at which the order is made, or for immediate service in a	335
particular case. The order shall specify the number to be drawn,	336
and the time of drawing. The drawing may be made either in open	337
court, under the direction of the judge, or in the ordinary manner	338
prescribed in sections 2313.01 to 2313.46, inclusive, of the	339
Revised Code, except that notice of the drawing is not required to	340
be given, provided that the required officers are present. The	341
sheriff shall forthwith notify the jurors so drawn, in the same	342
manner as other jurors are notified, to attend the term, or part	343
of a term, in person or electronically, as specified in section	344
2313.25 of the Revised Code, at the time specified in the order,	345
and make due and proper return of the venires with histhe	346
sheriff's service thereon. Such return shall be presumptive	347
evidence of the fact of such service.	348

Sections 2313.24 and 2313.25 of the Revised Code apply to the	349
notification of jurors drawn under this section.	350

Sec. 2313.30. When aNo person whose name is drawn and who	351
is notified, failsshall fail to attend and serve as a juror at a	352
term of a court of record, without having been excused, the court,	353
besides imposing a fine as prescribed in section 2313.29 of the	354
Revised Code, may direct the sheriff to arrest him and bring him	355
before the court; and when he has been so brought in, it may	356
compel him to serve, or it may punish him as for contempt of	357
court.	358

Sec. 2313.34.  (A) A person who is summoned as a juror and	359
who has actually served as a juror in any county of the state	360
under sections 2313.01 to 2313.46 of the Revised Code for three	361
two consecutive calendar weeks shall be discharged by the court,	362
except that the person shall not be so discharged until the close	363
of a trial in which the person may be serving when the person's	364
jury term expires.	365

(B)(1) The board of county commissioners by resolution shall	366
fix the compensation of each juror, not to exceed forty dollars	367
for each day's attendance, payable out of the county treasury.	368

(2) After ten days of actual service, except as otherwise	369
authorized by division (B)(2) of this section, the compensation of	370
a juror shall be fixed for each additional day of actual service	371
at an amount equal to the greater of fifteen dollars or one and	372
one-half times the compensation fixed pursuant to division (B)(1)	373
of this section. The board of county commissioners by resolution	374
may set the compensation at a greater amount that shall not exceed	375
two times the compensation fixed pursuant to division (B)(1) of	376
this section.	377

(3) Residents of townships that are comprised entirely of	378
islands shall be reimbursed for the additional transportation	379
costs they incur to serve as a juror, in the amount certified to	380
be due by a judge of the court in which the jury service is	381
performed.	382

(C) A person who is discharged as prescribed in this section	383
is thereafter prohibited from jury service in any court of the	384
state until the second jury year after the day of the person's	385
last service, except in counties of less than one hundred thousand	386
population, in which cases the court shall make rules in the	387
county applicable to subsequent jury service by persons of that	388
nature.	389

(D) Whenever the certificates of the clerk of the court of	390
common pleas show that a person is entitled to a discharge as	391
prescribed in this section, the commissioners of jurors, upon	392
request, shall certify to that fact. No person shall be exempted	393
from jury service for any reason, but a person may be excused from	394
jury service or have the person's jury service postponed in	395
accordance with sections 2313.01 to 2313.46 of the Revised Code	396
and the general statutes of the state.	397

(E) No person shall be exempted or excused from jury service	398
or be granted a postponement of jury service by reason of any	399
financial contribution to any public or private organization.	400

Sec. 2313.99.  (A) Whoever violates section 2313.10, 2313.11,	401
2313.29, or 2313.30 of the Revised Code may be fined not less than	402
twenty-fiveone hundred nor more than two hundred fifty dollars	403
and may be punished as for contempt of court.	404

(B) Whoever violates section 2313.47 of the Revised Code	405
shall be fined not less than fifty nor more than five hundred	406
dollars, imprisoned not less than thirty nor more than ninety	407
days, or both.	408

Sec. 2945.28.  In criminal cases jurors and the jury shall	409
take the following oath to be administered by the trial court or	410
the clerk of the court of common pleas, and the jurors shall	411
respond to the oath "I do swear" or "I do affirm": "You shall well	412
and truly try, and true deliverance make between the State of Ohio	413
and the defendant (giving his name).Do you swear or affirm that	414
you will diligently inquire into and carefully deliberate all	415
matters between the State of Ohio and the defendant (giving the	416
defendant's name)? Do you swear or affirm you will do this to the	417
best of your skill and understanding, without bias or prejudice?	418
So help you God."	419

A juror shall be allowed to make affirmation and the words	420
"this you do as you shall answer under the pains and penalties of	421
perjury" shall be substituted for the words, "So help you God."	422

Section 2. That existing sections 2313.08, 2313.10, 2313.11,	423
2313.12, 2313.13, 2313.15, 2313.16, 2313.18, 2313.25, 2313.26,	424
2313.30, 2313.34, 2313.99, and 2945.28 of the Revised Code are	425
hereby repealed.	426