Bill Text: MI HB4850 | 2023-2024 | 102nd Legislature | Chaptered

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Bill Title: Courts: juries; exemption from jury service for certain military personnel; allow. Amends sec. 1307a of 1961 PA 236 (MCL 600.1307a).

Spectrum: Moderate Partisan Bill (Democrat 38-9)

Status: (Passed) 2023-12-31 - Assigned Pa 308'23 With Immediate Effect [HB4850 Detail]

Download: Michigan-2023-HB4850-Chaptered.html

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Act No. 308

Public Acts of 2023

Approved by the Governor

December 13, 2023

Filed with the Secretary of State

December 14, 2023

EFFECTIVE DATE:  December 14, 2023

 

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Glanville, DeBoer, Hill, DeSana, St. Germaine, Phil Green, Meerman, Roth, Schmaltz, Rigas, Kunse, Koleszar, Price, Hood, Young, Weiss, Conlin, Liberati, Stone, Grant, Brabec, Andrews, Brixie, McFall, Byrnes, Tyrone Carter, Snyder, Coleman, Rheingans, Hope, Steckloff, Dievendorf, Edwards, O’Neal, Haadsma, MacDonell, Martus, Skaggs, Morse, Churches, Puri, Scott, Neeley, Paiz, Breen, McKinney and Whitsett

ENROLLED HOUSE BILL No. 4850

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1307a (MCL 600.1307a), as amended by 2020 PA 307.

The People of the State of Michigan enact:

Sec. 1307a. (1) To qualify as a juror, an individual must meet all of the following criteria:

(a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the individual is selected, and in the case of a district court in districts of the second and third class, be a resident of the district.

(b) Be able to communicate in the English language.

(c) Be physically and mentally able to carry out the functions of a juror. Temporary inability must not be considered a disqualification.

(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months.

(e) Not have been convicted of a felony.

(2) An individual more than 70 years of age may claim exemption from jury service and must be exempt upon making the request.

(3) An individual who is a nursing mother may claim exemption from jury service for the period during which she is nursing her child and must be exempt upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother.

(4) An individual who is a participant in the address confidentiality program created under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873, may claim exemption from jury service for the period during which the individual is a program participant. To obtain an exemption under this subsection, the individual must provide the participation card issued by the department of attorney general upon the individual’s certification as a program participant to the court as evidence that the individual is a current participant in the address confidentiality program.

(5) An individual who is a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual is on active duty and must be exempt upon making the request of the court and providing a copy of the service member’s orders.

(6) An individual who is the spouse of a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual resides outside of this state or the United States due to the service member’s active duty status. The spouse under this section must be exempt upon making the request of the court and providing a copy of the service member’s orders.

(7) For the purposes of this section and sections 1371 to 1376, an individual has served as a juror if that individual has been paid for jury service.

(8) As used in this section:

(a) “Certified nurse midwife” means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210.

(b) “Felony” means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.

(c) “Lactation consultant” means a lactation consultant certified by the International Board of Lactation Consultant Examiners.

(d) “Physician” means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

This act is ordered to take immediate effect.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

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Governor