HOUSE BILL No. 5398


     February 17, 2000, Introduced by Rep. Baird and referred to the Committee on Family and Civil Law.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 1312, 1313, and 1332 (MCL 600.1312,

   600.1313, and 600.1332), section 1312 as amended by 1986 PA 104.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1312.  (1)  The  SUBJECT TO SUBSECTION (3), THE board

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      shall apply the key number uniformly to the names on the list

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      received pursuant to section 1310 and compile a list or card

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      index, to be known as the first jury list, which shall include

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      every name and only those names as the application of the key

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      number has designated.  The board shall do this as follows:

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            (a) Arrange the various voter registration lists into 1

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      list.  The order in which the lists are arranged or the fact that

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      some lists are by precincts, and some lists are alphabetized, is




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      not relevant.  This subdivision shall not apply after

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      December 31, 1986. 

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           (A)  (b)  Select by a random method a starting number

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      between 0 and the key number.

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           (B)  (c)  Count down the list the number of names to reach

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      the starting number.  That name shall be placed on the first jury

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      list.

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           (C)  (d)  Continue from that name counting down the list,

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      beginning to count again with the number 1, until the key number

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      is reached.  That name shall be placed on the first jury list.

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           (D)  (e)  Repeat the process provided in subdivision  (d)
   

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      (C) until the whole list has been counted and the names placed on

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      the first jury list.

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           (E)  (f)  The board shall then remove from the first jury

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      list the name of any person who its records show served, pursuant

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      to the provisions of this chapter, as a petit or grand juror in

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      any court of record or district court in the county at any time

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      in the preceding 1 year.

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           (2) The board may use electronic and mechanical devices in

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      carrying out its duties under this section.

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           (3) IN ANY COUNTY, THE BOARD MAY EMPLOY TECHNIQUES DESIGNED

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      TO ENSURE THAT ALL AREAS OF THE COUNTY ARE REPRESENTED PROPOR-

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      TIONATELY ON THE FIRST JURY LIST.  THESE TECHNIQUES MAY INCLUDE,

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      FOR EXAMPLE, SELECTING A GREATER NUMBER OF NAMES FROM AREAS THAT

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      TYPICALLY HAVE BEEN UNDERREPRESENTED IN JURY POOLS OR REPLACING

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      UNDELIVERABLE OR UNANSWERED QUESTIONNAIRES FROM UNDERREPRESENTED

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      AREAS WITH NAMES FROM THOSE SAME AREAS.  ANY TECHNIQUES EMPLOYED



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      UNDER THIS SECTION SHALL FIRST BE APPROVED BY THE CHIEF CIRCUIT

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      JUDGE FOR THE COUNTY.

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           Sec. 1313.  (1) The board shall supply a juror qualifica-

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      tions questionnaire to persons on the first jury list.  This

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      questionnaire shall contain blanks for the information the board

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      desires, concerning qualifications for, and exemptions from, jury

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      service.  Persons on the first jury list are required to return

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      the questionnaire fully answered to the jury board within 10 days

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      after it is received.

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           (2) IN ANY COUNTY, THE JURY QUESTIONNAIRE DESCRIBED IN THIS

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      SECTION AND THE WRITTEN SUMMONS NOTICE DESCRIBED IN SECTION 1332

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      MAY BE PROVIDED TOGETHER.

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           Sec. 1332.  (1) The clerk or sheriff shall summon jurors for

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      court attendance at such times and in such manner as directed by

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      the CHIEF OR presiding judge or by the judge to whom the action

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      in which jurors are being called for service is assigned.  For a

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      juror's first required court appearance, service shall be by a

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      written notice addressed to him OR HER at his OR HER place of

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      residence as shown by the records of the board.  , which  THE

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      notice may be by ordinary mail or by personal service.  For sub-

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      sequent service notice may be in any manner directed by the

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      judge.  The officer giving notice to jurors shall keep a record

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       thereof and  OF THE NOTICE. THE OFFICER shall make a return if

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      directed by the court,  .  Such return  WHICH shall be presump-

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      tive evidence of the fact of service.







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           (2) THE WRITTEN SUMMONS NOTICE DESCRIBED IN THIS SECTION MAY

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      BE PROVIDED TOGETHER WITH THE JURY QUESTIONNAIRE AS PROVIDED IN

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      SECTION 1313.


















































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