MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary A

By: Representative Hamilton (109th), Baker (8th), Davis, Guice, Mayhall, Read, Shows, Staples, Stringer, Upshaw, Vince, Wells-Smith, Zuber, Clark, Scott

House Bill 522

AN ACT TO AMEND SECTION 13-5-25, MISSISSIPPI CODE OF 1972, TO REVISE THE PERSONAL EXEMPTION FROM JURY SERVICE DUE TO AGE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 13-5-25, Mississippi Code of 1972, is amended as follows:

     [Until January 1, 2008, this section shall read as follows:]

     13-5-25.  Every citizen over seventy (70) years of age, and everyone who has served on the regular panel as a juror in the actual trial of one or more litigated cases within two (2) years, shall be exempt from service if he claims the privilege; but the latter class shall serve as talesmen, and on special venire, and on the regular panel, if there be a deficiency of jurors.  No qualified juror shall be excluded because of any such reasons, but the same shall be a personal privilege to be claimed by any person selected for jury duty.  Any citizen over seventy (70) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.  Such citizens over seventy (70) years of age may claim this privilege for life.  If the privilege is claimed for life, a jury summons for any future trials shall not be issued to such person claiming the privilege.

     Provided, however, that no person who has served on the regular panel as a juror in the actual trial of one or more litigated cases in one (1) court may claim the exemption in any other court where he may be called to serve.

     [From and after January 1, 2008, this section shall read as follows:]

     13-5-25.  Every citizen over seventy (70) years of age, and everyone who has served on the regular panel as a juror in the actual trial of one or more litigated cases within two (2) years, shall be exempt from service if he claims the privilege.  No qualified juror shall be excluded because of any such reasons, but the same shall be a personal privilege to be claimed by any person selected for jury duty.  Any citizen over seventy (70) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.  Such citizens over seventy (70) years of age may claim this privilege for life.  If the privilege is claimed for life, a jury summons for any future trials shall not be issued to such person claiming the privilege.

     Provided, however, that no person who has served on the regular panel as a juror in the actual trial of one or more litigated cases in one (1) court may claim the exemption in any other court where he may be called to serve.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.