Senate Bill No. 73–Committee on Judiciary

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions governing juries. (BDR 1‑934)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§ 3)

(Not Requested by Affected Local Government)

 

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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 exemptions from jury service; revising the provisions governing the selection of jurors in certain counties; revising the provisions regarding the compensation of jurors; 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 6.020 is hereby amended to read as follows:

1-2  6.020  1.  Except as otherwise provided in subsections 2 and 3

1-3  and NRS 67.050, upon satisfactory proof, made by affidavit or

1-4  otherwise, the following-named persons, and no others, are exempt

1-5  from service as grand or trial jurors:

1-6  (a) [Any federal or state officer.

1-7  (b) Any judge, justice of the peace or attorney at law.

1-8  (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff,

1-9  constable or police officer.

1-10      (d) Any locomotive engineer, locomotive fireman, conductor,

1-11  brakeman, switchman or engine foreman.

1-12      (e) Any officer or correctional officer employed by the

1-13  Department of Corrections.

2-1  (f) Any employee of the Legislature or the Legislative Counsel

2-2  Bureau while the Legislature is in session.

2-3  (g) Any physician, optometrist or dentist who is licensed to

2-4  practice in this state.

2-5  (h)] While the Legislature is in session, any member of the

2-6  Legislature or any employee of the Legislature or the Legislative

2-7  Counsel Bureau; and

2-8  (b) Any person who has a fictitious address pursuant to NRS

2-9  217.462 to 217.471, inclusive.

2-10      2.  All persons of the age of 70 years or over are exempt from

2-11  serving as grand or trial jurors. Whenever it appears to the

2-12  satisfaction of the court, by affidavit or otherwise, that a juror is

2-13  over the age of 70 years, the court shall order the juror excused from

2-14  all service as a grand or trial juror, if the juror so desires.

2-15      3.  A person who is the age of 65 years or over who lives 65

2-16  miles or more from the court is exempt from serving as a grand or

2-17  trial juror. Whenever it appears to the satisfaction of the court, by

2-18  affidavit or otherwise, that a juror is the age of 65 years or over and

2-19  lives 65 miles or more from the court, the court shall order the juror

2-20  excused from all service as a grand or trial juror, if the juror so

2-21  desires.

2-22      Sec. 2.  NRS 6.045 is hereby amended to read as follows:

2-23      6.045  1.  The district court may by rule of court designate the

2-24  clerk of the court, one of his deputies or another person as a jury

2-25  commissioner, and may assign to the jury commissioner such

2-26  administrative duties in connection with trial juries and jurors as the

2-27  court finds desirable for efficient administration.

2-28      2.  If a jury commissioner is so selected, he shall from time to

2-29  time estimate the number of trial jurors which will be required for

2-30  attendance on the district court and shall select that number from the

2-31  qualified electors of the county not exempt by law from jury duty,

2-32  whether registered as voters or not. The jurors may be selected by

2-33  computer whenever procedures to assure random selection from

2-34  computerized lists are established by the jury commissioner. [He]

2-35  The jury commissioner shall keep a record of the name, occupation

2-36  and address of each person selected.

2-37      3.  The jury commissioner shall not select the name of any

2-38  person whose name was selected the previous year, and who

2-39  actually served on the jury by attending in court in response to the

2-40  venire from day to day until excused from further attendance by

2-41  order of the court, unless there are not enough other suitable

2-42  jurors in the county to do the required jury duty.

2-43      Sec. 3.  NRS 6.150 is hereby amended to read as follows:

2-44      6.150  1.  Each person summoned to attend as a grand juror or

2-45  a trial juror in the district court or justice’s court[, unless on or

3-1  before the day he is summoned to attend he is excused by the court

3-2  at his own request from serving,] is entitled to a fee of [$9] $40 for

3-3  each day after the second day of jury selection that he is in

3-4  attendance in response to the venire or summons, including Sundays

3-5  and holidays.

3-6  2.  Each grand juror and trial juror in the district court or

3-7  justice’s court actually sworn and serving is entitled to a fee of [$15]

3-8  $40 a day[, or $30 a day after 5 days,] as compensation for each day

3-9  of service.

3-10      3.  In addition to the fees specified in subsections 1 and 2, a

3-11  board of county commissioners may provide that, for each day of

3-12  such attendance or service, each person is entitled to be paid a per

3-13  diem allowance in an amount equal to the allowance for meals

3-14  provided for state officers and employees generally while away

3-15  from the office and within this state pursuant to subsection 1 of

3-16  NRS 281.160.

3-17      4.  [Except as otherwise provided in this section, each] Each

3-18  person summoned to attend as a grand juror or a trial juror in the

3-19  district court or justice’s court and each grand juror and trial juror in

3-20  the district court or justice’s court is entitled to receive [20] 36.5

3-21  cents a mile for each mile necessarily and actually traveled [by the

3-22  shortest and most practical route. A board of county commissioners

3-23  may provide that, for each mile so traveled, the person is entitled to

3-24  be paid an amount equal to the allowance for travel by private

3-25  conveyance provided for state officers and employees generally

3-26  pursuant to subsection 3 of NRS 281.160. Where the mileage does

3-27  not exceed 1 mile, an allowance must not be made for that mileage

3-28  pursuant to this subsection.] if the home of the person summoned

3-29  or serving as a juror is 65 miles or more from the place of trial.

3-30      5.  If the home of a person summoned or serving as such a juror

3-31  is [60] 65 miles or more from the place of trial and the selection,

3-32  inquiry or trial lasts more than 1 day, he is entitled to receive an

3-33  allowance for lodging at the rate provided by law for state

3-34  employees, in addition to his daily compensation for attendance or

3-35  service, for each day on which he does not return to his home.

3-36      6.  In civil cases, any fee, per diem allowance or other

3-37  compensation due each juror engaged in the trial of the cause must

3-38  be paid each day in advance to the clerk of the court, or the justice

3-39  of the peace, by the party who has demanded the jury. If the party

3-40  paying this money is the prevailing party, the money is recoverable

3-41  as costs from the losing party. If the jury from any cause is

3-42  discharged in a civil action without finding a verdict and the party

3-43  who demands the jury subsequently obtains judgment, the money so

3-44  paid is recoverable as costs from the losing party.

4-1  7.  The money paid by a county clerk to jurors for their services

4-2  in a civil action or proceeding, which he has received from the party

4-3  demanding the jury, must be deducted from the total amount due

4-4  them for attendance as such jurors, and any balance is a charge

4-5  against the county.

 

4-6  H