130th Ohio General Assembly
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As Passed by the Senate

122nd General Assembly
Regular Session
1997-1998
Am. S. B. No. 69

SENATORS B. JOHNSON-BLESSING-GAETH-LATTA-WATTS-SUHADOLNIK


A BILL
To amend sections 2313.12, 2313.16, 2313.34, 2939.03, 2939.04, 5920.10, and 5921.09 and to repeal sections 737.26 and 5919.20 of the Revised Code to eliminate exemptions from service as a juror and to increase the compensation of jurors and grand jurors.

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


Section 1. That sections 2313.12, 2313.16, 2313.34, 2939.03, 2939.04, 5920.10, and 5921.09 of the Revised Code be amended to read as follows:

Sec. 2313.12. The exemptions GRANTING of jurors AN EXCUSE TO A JUROR shall be such PERMITTED as are prescribed by sections 2313.01 to 2313.46, inclusive, of the Revised Code, and the general statutes of the state. The commissioners of jurors alone shall decide upon their qualifications and exemptions up until the time of notice for service, except as otherwise expressly provided in such sections; but the court may review and decide upon their qualifications and exemptions upon a written application and satisfactory legal proof at any time after they are notified and attend. The commissioners, upon request, shall issue to a person entitled to WHO IS GRANTED an exemption EXCUSE a certificate of that fact, which AND THE CERTIFICATE shall exempt EXCUSE the person to whom it is granted from jury duty during the time specified therein IN THE CERTIFICATE. Said THE commissioners shall keep a record of all proceedings before them or in their office, and of all persons exempted GRANTED AN EXCUSE, and OF the time OF and reasons for such exemptions THE EXCUSE.

Sec. 2313.16. Except as provided by section 2313.13 of the Revised Code, the court of common pleas shall not excuse a person, liable to serve as a juror and drawn and notified, unless it is shown to the satisfaction of the judge by either the juror or another person acquainted with the facts, that:

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

(B) The interests of the public, or of the juror, will be materially injured by the juror's attendance;.

(C) The juror is physically unable to serve;.

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

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

When a person liable to serve is excused, in a case specified in this section, or when a person notified to attend a term as a juror is entitled to and claims an exemption, the juror can be excused only by the judge presiding or a representative of the judge. Such an excuse shall not extend beyond that term. Every approved excuse shall be recorded and filed with the jury commissioners.

Sec. 2313.34. A person summoned as a juror who has actually served as a juror in any county of the state under sections 2313.01 to 2313.46 of the Revised Code, for three consecutive calendar weeks, shall be discharged by the court; except that he THE PERSON shall not be so discharged until the close of a trial in which he THE PERSON may be serving when the said term expires.

The compensation of each juror shall be fixed by resolution of the board of county commissioners, not to exceed fifteen FORTY dollars for each day's attendance, payable out of the county treasury. After ten days of actual service, the compensation of a juror shall be fixed at not less than fifteen FORTY dollars for each additional day of actual service. Residents of townships that are comprised entirely of islands shall be reimbursed for such THE additional transportation costs as are incurred THEY INCUR to serve as a juror, in such THE amount as is certified to be due by a judge of the court in which such THE JURY service is performed.

A person discharged as prescribed in this section is thereafter prohibited from jury service in any court of the state until the second jury year after the day of his THE PERSON'S last service, except in counties of less than one hundred thousand population, in which cases the court shall make rules in the county applicable thereto.

Whenever the certificates of the clerk of the court of common pleas show that a person is entitled to a discharge, as prescribed in this section, the commissioners of jurors shall, upon request, certify to that fact. Elected public officers, physicians, attorneys at law, cloistered members of religious organizations, dentists, and every person over seventy years of age are NO PERSON SHALL BE exempted from jury service. Any person exempted may waive his exemption from jury service for such period of time as he sets forth to the person notifying him of his selection for jury service FOR ANY REASON, BUT A PERSON MAY BE EXCUSED IN ACCORDANCE WITH SECTIONS 2313.01 TO 2313.46 OF THE REVISED CODE AND THE GENERAL STATUTES OF THE STATE.

No person shall be exempted from jury service by reason of any financial contribution to any organization, public or private.

Sec. 2939.03. A grand jury is drawn and notified by the same persons, from the same jury wheel, automation data processing storage drawer, or automated data processing information storage device, and in the same manner as other jurors are drawn and notified under sections 2939.02 to 2939.04, inclusive, and 2313.01 to 2313.46, inclusive, of the Revised Code. Grand jurors so drawn and notified ARE NOT ENTITLED TO AN EXEMPTION FOR ANY REASON BUT may be excused from service for the same reasons and in the same manner as other jurors under such THOSE sections, and not otherwise. They GRAND JURORS are subject to the same fines and penalties for nonattendance and otherwise as are other jurors under such THOSE sections. The duties and the powers of courts of common pleas and clerks of courts of common pleas, and of the commissioners of jurors in regard to grand jurors, in all respects are the same as in regard to other jurors.

Sec. 2939.04. The compensation of grand jurors shall be fixed by resolution of the board of county commissioners, not to exceed ten FORTY dollars for each day's attendance, payable out of the county treasury. Except in counties of less than one hundred thousand population according to the last federal census, in which counties the judge of the court of common pleas shall make rules and regulations in his THE JUDGE'S own county applicable thereto, a person who has served as a grand juror at a term of court is prohibited from serving again, either as a grand juror or petit juror, in that jury year in which the service is rendered, or in the next jury year. He THE PERSON is entitled to a certificate of exemption EXCUSE in like manner as a petit juror. The court of common pleas may order the drawing of a special jury to sit at any time public business requires it.

Sec. 5920.10. Whenever the Ohio military reserve or any part thereof OF IT is ordered out for active service by the governor, the Ohio code of military justice shall be in full force in respect to such forces. Every officer and enlisted man MEMBER of such forces shall, during his THE OFFICER'S OR MEMBER'S ACTIVE service therein, be exempt from service upon any posse comitatus and from jury duty.

Sec. 5921.09. The Ohio naval militia shall be organized, governed, drilled, and instructed in accordance with the regulations and customs provided for the navy of the United States, and Chapter 5924. of the Revised Code, together with the orders of the governor. Every commissioned officer, warrant officer, and enlisted member, when ordered out for active service by the governor, shall during his THE OFFICER'S OR MEMBER'S ACTIVE service therein, be exempt from service upon any posse comitatus and from jury duty.


Section 2. That existing sections 2313.12, 2313.16, 2313.34, 2939.03, 2939.04, 5920.10, and 5921.09 and sections 737.26 and 5919.20 of the Revised Code are hereby repealed.
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