CHAPTER 71

95-H 5980B

Approved Jun. 19, 1995.

AN ACT RELATING TO JURORS

It is enacted by the General Assembly as follows:

SECTION 1. Sections 9-9-1 and 9-9-1.1 of the General Laws in Chapter 9-9 entitled "Jury Lists" are hereby amended to read as follows:

{DEL 9-9-1. Persons liable to service -- Voting lists as evidence -- DEL} {ADD 9-9-1. Persons liable to service. -- Voting, operator's licenses, Rhode Island identification card lists as evidence. -- ADD} {DEL All persons over eighteen (18) years of age who are qualified electors of any town or city shall be liable to serve as jurors. DEL} {ADD A person is liable to serve as a juror if the person is:

(1) a citizen of the United States; and

(2) at least eighteen (18) years of age; and

(3) a resident of Rhode Island who either:

(a) resides in the county where the person is registered to vote; or

(b) is licensed to operate a motor vehicle within this state; or

(c) possesses a Rhode Island identification card issued pursuant to the provisions of section 3-8-6 and 3-8-6.1. ADD}

The list of qualified electors of each town and city as made up by the board of canvassers thereof, at its last meeting prior to the Tuesday after the first Monday in November in each even-numbered year, {ADD and the duly certified records of the registrar of motor vehicles ADD} shall be conclusive evidence of the liability of each {DEL elector DEL} {ADD person ADD} to serve as herein provided, unless {ADD in the case of a qualified elector ADD} the name of said person has been removed from the list of qualified electors of that town or city on which the name of that person appears prior to being summoned to appear in court as a juror, and except as hereinafter provided. The jury commissioner shall notify the clerk of the board of canvassers and registration of each particular city or town when it appears that a person on a list of qualified jurors does not reside at the address on said list. Said board of canvassers and registration, after due notice to such person, shall challenge the listing thereof and after a hearing thereon may remove that person from the list.

{ADD The registry of motor vehicles shall forward to the jury commissioner the names of licensed drivers and the names of those persons who possess Rhode Island identification cards issued pursuant to the provisions of sections 3-8-6 and 3-8-6.1 in the state on a yearly basis. ADD}

{ADD 9-9-1.1. Qualifications of jurors. -- ADD} (a) A person is qualified to serve as a juror if the person is: (1) a citizen of the United States; {DEL (2) a resident of Rhode Island, and residing in the county where the person is registered to vote; DEL} {ADD and (2) a resident of Rhode Island who either: (a) resides in the county where the person is registered to vote; or

(b) is licensed to operate a motor vehicle within this state; or

(c) possesses a Rhode Island identification card issued pursuant to the provisions of section 3-8-6 and 3-8-6.1; and ADD} (3) at least 18 years of age; (4) able to understand and participate in the court proceedings; and (5) physically and mentally capable of performing in a reasonable manner the duties of a juror.

(b) No person shall be allowed to serve as a juror if he or she has been lawfully adjudicated to be non compos mentis.

(c) No person convicted of a felony shall be allowed to serve as a juror, until completion of such felon's sentence, served or suspended, and of parole or probation regardless of a nolo contendre plea.

(d) Notwithstanding section 9-9-1.1(a)(4) and (5), a handicapped person shall not be ineligible to serve as a juror solely on the basis of his or her handicap, and if that person meets the above requirements, with reasonable accommodations if necessary, he or she shall be deemed a qualified juror.

(e) Nothing in this section shall prevent the court from disqualifying a prospective juror because he or she lacks a faculty or has a handicap which will prevent the potential juror from being a competent juror in a particular case.

(f) Nothing in this section shall be construed to limit a party's right to preemptorially challenge jurors.

SECTION 2. This act shall take effect upon passage.



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