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SB311 SUB1 Senate Bill 311 History

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

FOR

Senate Bill No. 311

(By Senators Kessler, Plymale, Love and Oliverio)

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[Originating in the Committee on the Judiciary;

reported February 1, 2008.]

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A BILL to amend and reenact §52-1-14 of the Code of West Virginia, 1931, as amended, relating to authorizing judges to order jurors be drawn from another county or counties when jurors cannot be seated from the county in which the trial will be held and the county for which the jurors served shall compensate the jurors.

Be it enacted by the Legislature of West Virginia:
That §52-1-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. PETIT JURIES.
§52-1-14. When and how jurors are to be summoned from other a county to serve in another county.

(a) In any criminal case in any court, if in the opinion of the court, or the judge thereof in vacation, qualified jurors, not exempt from serving, cannot be conveniently found in the county in which the trial is to be held, the court, or the judge thereof in vacation, judge of the court shall enter an order of record to such effect and may cause so directing as many jurors as may be necessary to be summoned from any other county or counties. In such order the court, or the judge thereof in vacation, shall fix a day on which the jurors shall be required to attend and in the order shall indicate the county from which the jurors shall be drawn and the number of jurors to be drawn. An attested copy of the order shall be certified to the circuit court of the county designated, or the judge thereof in vacation, and thereupon such circuit court or the judge thereof in vacation, shall, by order, direct that a jury be drawn
(b) The court order shall include the following:
(1) The date on which the jurors are required to attend;
(2) The county or counties from which the jurors shall be drawn; and
(3) The number of jurors to be drawn.
(c) The judge issuing the order shall direct his or her circuit clerk to forward a certified copy of the order to the circuit clerk in the county or counties from which the jurors are to be drawn.
(d) The circuit clerk of the court conducting the drawing shall do so
in the manner provided by law for the drawing of petit jurors. and proceedings respecting the drawing of the jurors, including the names of the jurors so drawn, The circuit clerk shall draw a separate jury pool specifically designated for the purpose of complying with the court order. The proceedings for drawing the jurors and the names of the jurors drawn shall be certified by the clerk of the circuit court of the county or counties designated to conduct the drawing and a copy of the certification shall be forwarded to the clerk of the circuit court wherein in the county where the trial is to be held. Thereupon, After forwarding a copy of the certification, the clerk of the circuit court of the county or counties from which the jurors are to be were drawn shall summon the jurors to appear in the manner provided in section nine of this article, the jurors so drawn to attend for jury service in the county wherein where the trial is to be held, pursuant to the provisions of section nine of this article.
(e) Jurors summoned from a county to serve in another county shall be reimbursed or compensated by the county for which the juror actually served.




NOTE: The purpose of this bill is to allow judges in particular instances to order jurors from another county or counties to be summoned to ensure an adequate jury pool.

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

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