SB204 HFIN AM 3-5
The Committee on Finance moves to amend the bill on page one,
by striking everything after the enacting section and inserting in
lieu thereof the following:
"ARTICLE 1. PETIT JURIES.
§52-1-17. Reimbursement of jurors.
(a) A juror shall be paid mileage, at the rate set by the
commissioner of finance and Secretary of the Department of
Administration for state employees, for travel expenses to and from
the juror's residence to the place of holding court courthouse or
other place where the court is convened and return and shall be
reimbursed for other expenses incurred as a result of his or her
required attendance at sessions of the court at a rate of between
fifteen and forty dollars of not less than fifteen dollars nor more
than forty dollars, set at the discretion of the circuit court or
the chief judge thereof of the circuit court, for each day of
required attendance. Such The reimbursement shall be based on
vouchers submitted to the sheriff. Such mileage and reimbursement
and shall be paid out of the State Treasury.
(b) When a jury in any case is placed in the custody of the
sheriff, he or she shall provide for and furnish the jury with
necessary meals and lodging while they are in the sheriff's custody
at a reasonable cost to be determined by an order of the court; and
the court. The costs of the meals and lodging shall be paid for
out of the State Treasury.
(c) Anytime a panel of prospective jurors has been required to
report to court for the selection of a petit jury in any scheduled matter, the court shall, by specific provision in a court order,
assess a jury cost. In both magistrate and circuit court cases the
jury cost shall be the actual cost of the jurors' service: and in
magistrate court cases Provided, That the actual cost of a
magistrate jury can only be assessed where the jury request or
demand occurs on or after the first day of July, two thousand
seven. For any magistrate court case in which the jury request or
demand occurred prior to the first day of July, two thousand seven,
the jury cost assessed shall be two hundred dollars. Such The jury
costs shall be assessed against the parties as follows:
(1) In every criminal case, against the defendant upon
conviction, whether by plea, by bench trial or by jury verdict;
(2) In every civil case, against either party or prorated
against both parties, at the court's discretion, if the parties
settle the case or trial is to the bench elect for a bench trial;
and
(3) In the discretion of the court, and only when fairness and
justice so require, a circuit court or magistrate court may forego
assessment of the jury fee, but shall set out the reasons therefor
for waiving the fee in a written order: Provided, That a waiver of
the assessment of a jury fee in a case tried before a jury in
magistrate court may only be permitted after the circuit court, or
the chief judge thereof of the circuit court, has reviewed the
reasons set forth in the order by the magistrate and has approved
such the waiver.
(d)(1) The circuit or magistrate court clerk shall by the
tenth day of the month following the month of collection remit to the State Treasurer for deposit as described in subdivision (2) of
this subsection all jury costs collected and the clerk and the
clerk's surety are liable therefor for the collection on the
clerk's official bond as for other money coming into the clerk's
hands by virtue of the clerk's office. When the amount of the jury
costs collected in a magistrate court case exceeds two hundred
dollars, the magistrate court clerk shall separately delineate the
portion of the collected jury costs which exceeds two hundred
dollars.
(2) The jury costs described in subdivision (1) of this
subsection shall upon receipt by the State Treasurer be deposited
as follows:
(A) All jury costs collected in a magistrate court case which
exceed two hundred dollars shall be deposited in the state's
general revenue fund, and,
(B) The remaining balance of the collected jury costs shall be
deposited as follows:
(i) One-half shall be deposited into the Parent Education and
Mediation Fund created in section six hundred four, article nine,
chapter forty-eight of this code; and
(B)(ii) one-half shall be deposited into the Domestic Violence
Legal Services Fund created in section six hundred three, article
twenty-six of said chapter.
(e) The sheriff shall pay into the State Treasury all jury
costs received from the court clerks and the sheriff shall be held
to account in the sheriff's annual settlement for all such the
moneys."