SB145

ENGROSSED

By Senator Orr

A BILL TO BE ENTITLED AN ACT

Relating to jury trials and juries; to amend Sections 12-16-100 and 12-16-101, Code of Alabama 1975, to provide for a six member jury in certain criminal proceedings; to amend Section 12-16-140, Code of Alabama 1975, to provide for a six member jury in civil cases in which the amount in controversy does not exceed $50,000; to provide an exemption from jury service for persons 70 years of age or older; to provide for removal from the master list of potential jurors; and to provide for reinstatement on the master list upon request.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 12-16-100, 12-16-101, and 12-16-140, Code of Alabama 1975, are amended to read as follows:

§12-16-100.

"(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts of any person charged with a felony, including a capital felony, a misdemeanor, or violation, the court shall require a strike list or lists to be compiled from the names appearing on the master strike list as established in Section 12-16-74. In compiling the list or lists, names of qualified jurors may be omitted on a nonselective basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof given to all parties. The jurors whose names appear thereon shall be brought into open court, the case shall be called and in the presence of the district attorney and the defendant and his attorney, the jurors shall be examined on voir dire for the trial of the case at hand. After the conclusion of the voir dire examination and the removal from the strike list of the names of those jurors who were challenged or excused for good reason, the district attorney shall be required first to strike from the strike list the name of one juror, and the defendant shall strike one, and they shall continue to strike off names alternately until only 12 jurors remain on the strike list and these 12 jurors thus selected shall be the jury charged with the trial of the case if the person is charged with a felony. If the person is charged with a misdemeanor or violation, on appeal in a case originating in district or municipal court after the conclusion of the voir dire examination and the removal from the strike list of the names of those jurors who were challenged or excused for good reason, the district attorney shall be required first to strike from the strike list the name of one juror, and the defendant shall strike one, and they shall continue to strike off names alternately until only 6 jurors remain on the strike list and these 6 jurors thus selected shall be the jury charged with the trial of the case. If any defendant shall refuse to exercise a strike to which he is entitled, then the judge presiding shall exercise that defendant's strike for him. The number of names appearing on the strike list upon commencement of striking, unless a lesser number is agreed to by the parties, shall not be less than 36 if the offense charged is a capital felony nor less than 24 if the offense charged is a felony not punished capitally nor less than 18 12 if the offense charged is a misdemeanor or violation. In the event the list of competent prospective jurors is reduced to fewer than the number required by this subsection, the court shall add prospective jurors in the manner prescribed in Section 12-16-76. No special venire shall be ordered, drawn, or summoned for the trial of any person indicted for a capital felony.

"(b) The court may in its discretion qualify such alternate jurors as it deems necessary, except that in capital cases the court shall qualify at least two alternate jurors, as required by law. Alternate jurors shall be drawn from the venire in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors, except that they shall not deliberate with the jury or vote upon the verdict unless designated to replace a principal juror. An alternate juror who does not replace a principal juror shall be discharged at the time the jury retires to consider its verdict.

"(c) If the court determines that more than two alternate jurors shall be selected in a capital case, or that one or more alternate jurors shall be selected in a noncapital case, upon commencement of striking, unless the parties consent to the use of a lesser number, the minimum number of names required on the strike list in subsection (a) shall be increased by two for each alternate juror to be selected; provided that such increase in names shall not apply for the first two alternate jurors to be selected in a capital case. The parties shall then strike from the strike list as herein provided until there remain 12 jurors in a felony case or 6 jurors in a misdemeanor or violation case on appeal in a case originating in district or municipal court. The last juror or jurors struck shall be the alternate or alternates, and if it becomes necessary for an alternate to replace a principal juror, the last juror struck shall be designated. The identity of alternate jurors shall not be divulged to the jurors until the jury retires for deliberation.

"(d) Any county having existing laws on April 15, 1982 establishing procedures for the selection and use of alternate jurors, may at the election of the presiding circuit judge, continue to follow the provisions of such law with respect to the selection of alternate jurors. Such election must be made in writing within 30 days of April 15, 1982 and filed with the Secretary of State, the Clerk of the Supreme Court, the Administrative Office of Courts and the local bar of the county affected thereby. At any time after said election, either the presiding circuit judge, or a majority of the circuit judges in the circuit wherein the county is located, may elect to come under the provisions of this chapter by filing written notice as required above.

"(e) In any criminal case in which the defendant pleads guilty to a nonviolent offense which is subject to the presumptive sentencing standards adopted by the Alabama Sentencing Commission pursuant to Section 12-25-34.2 and the prosecutor chooses to pursue an increased sentence due to aggravating circumstances, and the defendant does not stipulate to the existence of the aggravating circumstances or agree with the prosecutor that the judge alone determine whether the aggravating circumstances exist, the jury shall consist of 6 members selected in the same manner as provided in subsection(a).

§12-16-101.

"In case two or more persons are tried jointly, the district attorney shall strike one, and each defendant shall have the right to strike off one name, and they shall continue thus to strike off names until only 12 jurors remain, and the 12 jurors thus selected shall be the jury charged with the trial of the defendants in a felony case. In a misdemeanor case, the district attorney shall strike one, and each defendant shall have the right to strike off one name, and they shall continue thus to strike off names until only 6 jurors remain, and the 6 jurors thus selected shall be the jury charged with the trial of the defendants.

§12-16-140.

"In all civil actions triable by jury in which the amount in controversy does not exceed $50,000 at the time of filing, either party may demand a struck jury and must thereupon be furnished by the clerk with a list of 24 12 jurors in attendance upon the court, from which a jury must be obtained by the parties or their attorneys alternately striking one from the list until 12 6 are stricken off, the party demanding the jury commencing. In all other civil actions triable by jury, either party may demand a struck jury and must thereupon be furnished by the clerk with a list of 24 jurors in attendance upon the court, from which a jury must be obtained by the parties or their attorneys alternately striking one from the list until 12 are stricken off, the party demanding the jury commencing.

"The jury thus obtained must not be challenged for any cause, except bias or interest as to the particular case."

Section 2. (a) A person 70 years of age or older shall be excused from being called to jury service upon written request to the jury commission in the county in which he or she is requested to serve.

(b)(1) A person 70 years of age or older may request, in writing, to the jury commission that he or she be removed from the master list of potential jurors. Upon verification of the person's age, the jury commission shall remove the person from the master list of potential jurors.

(2) A person who has been removed from the master list pursuant to subdivision (1) may request to be reinstated on the master list provided that he or she satisfies the qualifications required by Article 2A, Chapter 16, Title 12, Code of Alabama 1975.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Juries and Jurors

Trials

Code Amended