2006 Regular Session
To: Judiciary A
By: Representative Lott, Staples
AN ACT OT AMEND SECTIONS 13-5-10 AND 13-5-12, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ALL NAMES BE EXHAUSTED ON A JURY LIST IN THE JURY SELECTION PROCESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 13-5-10, Mississippi Code of 1972, is amended as follows:
13-5-10. The jury commission for each county shall maintain a jury wheel into which the commission shall place the names or identifying numbers of prospective jurors taken from the master list. If the total number of prospective jurors on the master list is one thousand (1,000) or less, the names or identifying numbers of all of them shall be placed in the jury wheel. In all other cases, the number of prospective jurors to be placed in the jury wheel shall be one thousand (1,000) plus not less than one percent (1%) of the total number of names on the master list. From time to time a larger or additional number may be determined by the jury commission or ordered by the court to be placed in the jury wheel. In April of each year, beginning in 1976, the wheel shall be emptied and refilled as prescribed in this chapter. In selecting jurors, all names on the list shall be used to select a jury. If a jury is not selected after exhausting all names on
the list, those persons who were excused or have served on other juries shall be eligible for service.
SECTION 2. Section 13-5-12, Mississippi Code of 1972, is amended as follows:
13-5-12. Unless all the names on the master list are to be placed in the jury wheel pursuant to Section 13-5-10, the names or identifying numbers of prospective jurors to be placed in the jury wheel shall be selected by the jury commission at random from the master list in the following manner: The total number of names on the master list shall be divided by the number of names to be placed in the jury wheel; the whole number nearest the quotient shall be the "key number," except that the key number shall never be less than two (2). A "starting number" for making the selection shall then be determined by a random method from the number from one (1) to the key number, both inclusive. The required number of names shall then be selected from the master list by taking in order the first name on the master list corresponding to the starting number and then successively the names appearing in the master list at intervals equal to the key number, recommencing if necessary at the start of the list until the required number of names has been selected. The name of any person who is under the age of twenty-one (21) years shall be passed over without interrupting the sequence of selection. Upon recommencing at the start of the list, names previously selected from the master list may be used in selecting the additional names. The jury commission may use an electronic or mechanical system or device in carrying out its duties. The list must be exhausted in selecting jurors as provided in Section 13-5-10.
SECTION 3. This act shall take effect and be in force from and after July 1, 2006.