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Introduced Version House Bill 3150 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2023 regular session

Introduced

House Bill 3150

By Delegate C. Pritt

[Introduced January 30, 2023; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §52-1-11 of the Code of West Virginia, 1931, as amended, relating to permitting business owners to have the ability to be excused from jury duty service.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. PETIT JURIES.

§52-1-11. Excuses from jury service.

(a) The court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused from jury service. The clerk shall enter this determination in the space provided on the juror qualification form.

(b) A person who is not disqualified for jury service under section eight of this article may be excused from jury service by the court upon a showing of undue hardship, extreme inconvenience, or public necessity, for a period the court deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the court's direction.

(c) A person who is not disqualified for jury service under section eight of this article may be excused from jury service by the court if the person is a current member of the National Guard or reserves.

(d) A prospective juror being a small business owner is presumptively an undue burned. This presumption may be overcome with clear and convincing evidence. Nothing in this section shall be construed to prohibit a business owner from waiving his or her objection to serving on a jury.

 

NOTE: The purpose of this bill is to permit business owners to have the ability to be excused from jury duty service.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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