Under existing law, a court may not order, draw, or summon a special venire for a capital felony trial. This bill would remove the prohibition of special venire in capital felony cases, granting courts permissive authority to order, draw, or summon a special venire. This bill would require the courts to follow specific procedures for voir dire questioning and striking potential jurors for cause, to include administering an oath to the potential jurors, ensuring each party has an opportunity to question potential jurors, and removing jurors for cause upon a motion made by either party or the court. This bill would further provide for the procedures the courts must follow when retaining alternate jurors, authorizing the courts to retain alternate jurors after the jury retires to deliberate. This bill would also establish the procedures the courts must follow when there are not enough qualified jurors in attendance to form the juries required.

Statutes affected:
Introduced: 12-16-100, 12-16-100