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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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