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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
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 |
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 |