Bill Summary – FastDemocracy

                                                     Unofficial Draft Copy
****                                               As of: 11/21/2024, 09:50:24
69th Legislature 2025                             Drafter: Maddie Krezowski, ****                                      LC 0568
                                                     **** BILL NO. ****
                                                  INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO JURIES;
  AMENDING REQUIREMENTS FOR NOTICE TO JURORS; AMENDING SECTIONS 3-15-405, 3-15-411, 3-15-
  501, AND 46-16-112, MCA; PROVIDING AN IMMEDIATE EFFECTIVE DATE; PROVIDING AN
  APPLICABILITY DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 3-15-405, MCA, is amended to read:
          "3-15-405.    Notice to jurors. The clerk of court shall serve notice by mail on the persons drawn as
  jurors and require the persons to respond by mail as to their qualifications to serve as jurors. The clerk of court
  may attach to the notice a jury questionnaire and a form for an affidavit claiming an excuse from service
  provided for in 3-15-313. If a person fails to respond to the notice, the clerk shall certify the failure to the sheriff,
  who shall serve the notice personally on the person and make reasonable efforts to require the person to
  respond to the notice."
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          Section 2. Section 3-15-411, MCA, is amended to read:
          "3-15-411.    Term of service of jurors. (1) The persons whose names are so returned are known as
  regular jurors and noticed must serve for 1 year and until other persons are selected and returned unless they
  are excused by the court or a judge pursuant to 3-15-501.
          (2)      If jurors are drawn before the selection and return of the new jury list as provided in this part
  and thereafter a new jury list is returned, they shall continue to serve as jurors, if the business of the court
  requires the attendance of a jury, for a period not exceeding 90 days.
          (3)      Notwithstanding such limitation of service, a A jury composed of such jurors duly impaneled to
  try any cause shall continue to serve in such cause until discharged by the court from any further consideration
  of such cause, even if this causes the term of service to exceed 1 year. The fact that a new jury list has been
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                                                     Unofficial Draft Copy
****                                                As of: 11/21/2024, 09:50:24
69th Legislature 2025                              Drafter: Maddie Krezowski, ****                                      LC 0568
  returned shall not affect their status as jurors."
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          Section 3. Section 3-15-501, MCA, is amended to read:
          "3-15-501.    Order directing that trial jury be drawn and summoned. (1) If a civil or criminal case
  has been at issue and ready for trial for more than 6 months and the plaintiff or defendant has requested a jury
  trial or whenever the business of a district court requires the attendance of a trial jury for the trial of civil or
  criminal cases and a jury is not in attendance, the court shall order a trial jury to be drawn and summoned to
  attend before the court. The order must specify the number of jurors to be drawn. The time at which the jurors
  are required to attend is at the discretion of the court.
          (2)      The court may direct that a criminal or civil proceeding in which a jury may be required or may
  have been demanded be continued and fixed for trial at a time when a jury will be in attendance.
          (3)      The judge or judges of a district or the judge of a department may designate that jury service in
  the district or department is on a "one-day or one-trial" basis; that is, each individual juror is excused for the rest
  of the year after having attended for 1 day and not having been selected to serve at the trial of a particular
  cause or after having completed service at a trial.
          (4)      If the number of unexcused jurors is not sufficient to meet current requirements at any time,
  jurors excused under subsection (3) may be required to serve.
          (5)      The clerk of court shall send a summons to the jurors drawn pursuant to 3-15-503. If not sent
  with the notice in 3-15-405, the summons shall include the jury questionnaire as to the person’s qualifications to
  serve as a juror, and a form for an affidavit claiming an excuse from service provided for in 3-15-313. The juror
  shall respond as required in the summons as to their qualifications to serve as a juror.
          (6)      If a person fails to respond to the summons, the clerk of court shall attempt to contact non-
  responding persons by telephone or other electronic communication.
          (7)      If a person fails to respond to the summons, and the clerk of court has completed the actions
  required in subsection (6), the clerk of court shall certify the failure to the sheriff, who shall make reasonable
  efforts to require the person to appear on the date required by the summons.
          (8)      For purposes of subsection (7), “reasonable efforts” includes any two of the following actions:
          (a)      publish the list of persons who failed to respond in any of the following:
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                                                    Unofficial Draft Copy
****                                               As of: 11/21/2024, 09:50:24
69th Legislature 2025                             Drafter: Maddie Krezowski, ****                                     LC 0568
          (i)      a newspaper of general circulation,
          (ii)     a web-based news site, or
          (iii)    governmental web pages for the specific jurisdiction;
          (b)      attempted contact by telephone;
          (c)      attempted contact by other electronic communication;
          (d)      posting physical notice at last known address;
          (e)      attempted personal service; or
          (f)      attempted contact by United States Postal Service first class mail.
          (9)      Failure by the clerk of court or the sheriff to strictly adhere to the provisions of this section shall
  not constitute grounds to invalidate a jury pool or a jury."
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          Section 4. Section 46-16-112, MCA, is amended to read:
          "46-16-112.    Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel
  has been selected, or drawn, notified, or summoned must be raised by a motion to discharge the jury panel.
  Except for good cause shown, the motion must be made at least 5 days prior to the term start of the trial for
  which the jury is drawn impaneled. To demonstrate good cause for the failure to raise a timely challenge, a
  defendant must demonstrate that the defendant made a diligent and timely effort to investigate the manner in
  which the jury panel was notified or summoned.
          (2)      The motion must be in writing supported by affidavit and must state facts that show that the jury
  panel was improperly selected, or drawn, notified, or summoned.
          (3)      If the motion states facts that show that the jury panel has been improperly selected, or drawn,
  notified, or summoned, it is the duty of the court to conduct a hearing. The burden of proof is on the movant.
          (4)      If the court finds that the jury panel was improperly selected, or drawn, notified, or summoned,
  the court shall order the jury panel discharged and the selection, or drawing, notification, or summoning of a
  new panel in the manner provided by law.
          (5)      A motion to discharge a jury challenge to the panel can be founded only on a material
  departure from the law in respect to the notification and summoning of the jury panel."
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                                                     Unofficial Draft Copy
****                                               As of: 11/21/2024, 09:50:24
69th Legislature 2025                             Drafter: Maddie Krezowski, ****                                       LC 0568
          NEW SECTION. Section 5.          {standard} Severability. If a part of [this act] is invalid, all valid parts that
  are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its
  applications, the part remains in effect in all valid applications that are severable from the invalid applications.
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          NEW SECTION. Section 6.          {standard} Effective date. [This act] is effective on passage and
  approval.
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          NEW SECTION. Section 7.          Applicability. [This act] applies to jury pools noticed on or after May 1,
  2026.
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