HOUSE BILL NO. 6546

December 18, 2020, Introduced by Reps. Yancey, LaGrand, Gay-Dagnogo, Brenda Carter and Garrett and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 1307a and 1312 (MCL 600.1307a and 600.1312), section 1307a as amended by 2012 PA 69 and section 1312 as amended by 2005 PA 6.

the people of the state of michigan enact:

Sec. 1307a. (1) To qualify as a juror, a person shall must meet all of the following criteria:

(a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the person is selected, and in the case of a district court in districts of the second and third class, be a resident of the district.

(b) Be able to communicate in the English language.

(c) Be physically and mentally able to carry out the functions of a juror. Temporary inability shall not be considered is not a disqualification.

(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months.

(e) Not have been convicted of a felony or, if he or she has been convicted of a felony, have completed his or her term of imprisonment, including any term of parole, not less than 5 years preceding the date he or she is summoned to serve as a juror.

(2) A person more than 70 years of age may claim exemption from jury service and shall be exempt upon making the request.

(3) A nursing mother may claim exemption from jury service for the period during which she is nursing her child and shall must be exempt upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother.

(4) For the purposes of this section and sections 1371 to 1376, a person has served as a juror if that person has been paid for jury service.

(5) Subsection (1)(e) does not apply to a conviction that has been expunged or set aside.

(6) (5) For purposes of As used in this section:

(a) "Certified nurse midwife" means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210.

(b) "Felony" means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.

(c) "Lactation consultant" means a lactation consultant certified by the international board of lactation consultant examiners.

(d) "Physician" means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

Sec. 1312. The board shall apply the key number uniformly to the names on the list received pursuant to section 1310 and compile a list or card index, to be known as the first jury list, which shall must include every name and only those names as the application of the key number has designated. The board shall do this as follows:

(a) Select by a random method a starting number between 0 and the key number.

(b) Count down the list the number of names to reach the starting number. That name shall must be placed on the first jury list.

(c) Continue from that name counting down the list, beginning to count again with the number 1, until the key number is reached. That name shall must be placed on the first jury list.

(d) Repeat the process provided in subdivision (c) until the whole list has been counted and the names placed on the first jury list.

(e) The board shall then remove from the first jury list the name of any person who its records show served, pursuant to the provisions of this chapter, as a petit or grand juror in any court of record in the county at any time in the preceding 1 year.

(f) The board, with the approval of the chief circuit judge, may remove from the first jury list the name of any person who has been convicted of a felony and is therefore disqualified from serving as a juror pursuant to under section 1307a(1)(e).