(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 110–Committee on Judiciary

 

(On Behalf of Clark County)

 

February 12, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing summoning of jurors by justice’s court in certain counties. (BDR 6‑179)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to juries; revising the provisions governing the summoning of jurors by a justice’s court in certain counties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  NRS 66.020 is hereby amended to read as follows:

1-2    66.020  1.  The court may, at any time before the trial, on motion,

1-3  change the place of trial in the following cases:

1-4    (a) When it appears to the satisfaction of the justice before whom the

1-5  action is pending, by affidavit of either party, that the justice is a material

1-6  witness for either party.

1-7    (b) When either party makes and files an affidavit that he believes that

1-8  he cannot have a fair and impartial trial before the justice by reason of the

1-9  interest, prejudice or bias of the justice.

1-10    (c) When a jury has been demanded, and either party makes and files an

1-11  affidavit that he cannot have a fair and impartial trial on account of the bias

1-12  or prejudice against him of the citizens of [the township against him.] :

1-13      (1) The city, precinct or township, if the jurors are to be summoned

1-14  pursuant to subsection 1 of NRS 67.010; or

1-15      (2) The county, if the jurors are to be summoned pursuant to

1-16  subsection 2 of NRS 67.010.

1-17    (d) When from any cause the justice is disqualified from acting.

1-18    (e) When the justice is sick or unable to act.

2-1    2.  In lieu of changing the place of trial, the justice before whom the

2-2  action is pending may for any of the cases mentioned in subsection 1 call

2-3  another justice of the county to conduct the trial.

2-4    Sec. 2.  Chapter 67 of NRS is hereby amended by adding thereto a new

2-5  section to read as follows:

2-6    In a county whose population is 400,000 or more, a person who lives

2-7  65 miles or more from the justice’s court is exempt from serving as a trial

2-8  juror. Whenever it appears to the satisfaction of the justice’s court, by

2-9  affidavit or otherwise, that a juror lives 65 miles or more from the

2-10  justice’s court, the justice’s court shall order the juror excused from all

2-11  service as a trial juror, if the juror so desires.

2-12    Sec. 3.  NRS 67.010 is hereby amended to read as follows:

2-13    67.010  1.  The jury [shall] must be summoned upon an order of the

2-14  justice from , except as otherwise provided in subsection 2, the [citizens]

2-15  qualified electors, whether or not registered as voters, of the city, precinct

2-16  or township, and not from the bystanders.

2-17    2.  In a county whose population is 400,000 or more, the justice may

2-18  summon to the court, from the qualified electors of the county, whether

2-19  or not registered as voters, and not from the bystanders, the number of

2-20  qualified jurors which the justice determines is necessary for the

2-21  formation of a jury.

2-22    Sec. 4.  NRS 67.020 is hereby amended to read as follows:

2-23    67.020  1.  At the time appointed for the trial , the justice shall

2-24  proceed to call from the jurors summoned the names of the persons to

2-25  constitute the jury for the trial of the issue. If a sufficient number of

2-26  competent and indifferent jurors do not attend, the justice shall direct

2-27  [others to] that additional jurors sufficient to complete the jury be

2-28  summoned . [from the vicinity, and not from the bystanders, sufficient to

2-29  complete the jury.]

2-30    2.  The jury, by consent of the parties, may consist of any number not

2-31  more than eight nor less than four.

2-32    Sec. 5.  NRS 6.020 is hereby amended to read as follows:

2-33    6.020  1.  [Upon] Except as otherwise provided in subsections 2 and

2-34  3 and section 2 of this act, upon satisfactory proof, made by affidavit or

2-35  otherwise, the following-named persons, and no others , [except as

2-36  otherwise provided in subsections 2 and 3,] are exempt from service as

2-37  grand or trial jurors:

2-38    (a) Any federal or state officer.

2-39    (b) Any judge, justice of the peace or attorney at law.

2-40    (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff,

2-41  constable or police officer.

2-42    (d) Any locomotive engineer, locomotive fireman, conductor,

2-43  brakeman, switchman or engine foreman.

2-44    (e) Any officer or correctional officer employed by the department of

2-45  prisons.

2-46    (f) Any employee of the legislature or the legislative counsel bureau

2-47  while the legislature is in session.

2-48    (g) Any physician, optometrist or dentist who is licensed to practice in

2-49  this state.

3-1    (h) Any person who has a fictitious address pursuant to NRS 217.462 to

3-2  217.471, inclusive.

3-3    2.  All persons of the age of 70 years or over are exempt from serving

3-4  as grand or trial jurors. Whenever it appears to the satisfaction of the court,

3-5  by affidavit or otherwise, that a juror is over the age of 70 years, the court

3-6  shall order the juror excused from all service as a grand or trial juror, if the

3-7  juror so desires.

3-8    3.  A person who is the age of 65 years or over who lives 65 miles or

3-9  more from the court is exempt from serving as a grand or trial juror.

3-10  Whenever it appears to the satisfaction of the court, by affidavit or

3-11  otherwise, that a juror is the age of 65 years or over and lives 65 miles or

3-12  more from the court, the court shall order the juror excused from all service

3-13  as a grand or trial juror, if the juror so desires.

3-14    Sec. 6.  This act becomes effective on July 1, 2001.

 

3-15  H