Senate Bill No. 73–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to juries; revising the provisions governing exemptions from jury service; revising the provisions governing the selection of jurors in certain counties; revising the provisions regarding the compensation of jurors; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 6.020 is hereby amended to read as follows:

    6.020  1.  Except as otherwise provided in subsections 2 and 3

and NRS 67.050, upon satisfactory proof, made by affidavit or

otherwise, the following-named persons, and no others, are exempt

from service as grand or trial jurors:

    (a) [Any federal or state officer.

    (b) Any judge, justice of the peace or attorney at law.

    (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff,

constable or police officer.

    (d) Any locomotive engineer, locomotive fireman, conductor,

brakeman, switchman or engine foreman.

    (e) Any officer or correctional officer employed by the

Department of Corrections.

    (f) Any employee of the Legislature or the Legislative Counsel

Bureau while the Legislature is in session.

    (g) Any physician, optometrist or dentist who is licensed to

practice in this state.

    (h)] While the Legislature is in session, any member of the

Legislature or any employee of the Legislature or the Legislative

Counsel Bureau; and

    (b) Any person who has a fictitious address pursuant to NRS

217.462 to 217.471, inclusive.

    2.  All persons of the age of 70 years or over are exempt from

serving as grand or trial jurors. Whenever it appears to the

satisfaction of the court, by affidavit or otherwise, that a juror is

over the age of 70 years, the court shall order the juror excused from

all service as a grand or trial juror, if the juror so desires.

    3.  A person who is the age of 65 years or over who lives 65

miles or more from the court is exempt from serving as a grand or

trial juror. Whenever it appears to the satisfaction of the court, by

affidavit or otherwise, that a juror is the age of 65 years or over and

lives 65 miles or more from the court, the court shall order the juror

excused from all service as a grand or trial juror, if the juror so

desires.

    Sec. 2.  NRS 6.045 is hereby amended to read as follows:

    6.045  1.  The district court may by rule of court designate the

clerk of the court, one of his deputies or another person as a jury

commissioner, and may assign to the jury commissioner such

administrative duties in connection with trial juries and jurors as the

court finds desirable for efficient administration.

    2.  If a jury commissioner is so selected, he shall from time to

time estimate the number of trial jurors which will be required for

attendance on the district court and shall select that number from the

qualified electors of the county not exempt by law from jury duty,

whether registered as voters or not. The jurors may be selected by

computer whenever procedures to assure random selection from

computerized lists are established by the jury commissioner. [He]

The jury commissioner shall keep a record of the name, occupation

and address of each person selected.

    3.  The jury commissioner shall not select the name of any

person whose name was selected the previous year, and who

actually served on the jury by attending in court in response to the

venire from day to day until excused from further attendance by

order of the court, unless there are not enough other suitable

jurors in the county to do the required jury duty.

    Sec. 3.  NRS 6.150 is hereby amended to read as follows:

    6.150  1.  Each person summoned to attend as a grand juror or

a trial juror in the district court or justice’s court[, unless on or

before the day he is summoned to attend he is excused by the court

at his own request from serving,] is entitled to a fee of [$9] $40 for

each day after the second day of jury selection that he is in

attendance in response to the venire or summons, including Sundays

and holidays.

    2.  Each grand juror and trial juror in the district court or

justice’s court actually sworn and serving is entitled to a fee of [$15]

$40 a day[, or $30 a day after 5 days,] as compensation for each day

of service.

    3.  In addition to the fees specified in subsections 1 and 2, a

board of county commissioners may provide that, for each day of

such attendance or service, each person is entitled to be paid a per

diem allowance in an amount equal to the allowance for meals

provided for state officers and employees generally while away

from the office and within this state pursuant to subsection 1 of

NRS 281.160.

    4.  [Except as otherwise provided in this section, each] Each

person summoned to attend as a grand juror or a trial juror in the

district court or justice’s court and each grand juror and trial juror in

the district court or justice’s court is entitled to receive [20] 36.5

cents a mile for each mile necessarily and actually traveled [by the

shortest and most practical route. A board of county commissioners

may provide that, for each mile so traveled, the person is entitled to

be paid an amount equal to the allowance for travel by private

conveyance provided for state officers and employees generally

pursuant to subsection 3 of NRS 281.160. Where the mileage does

not exceed 1 mile, an allowance must not be made for that mileage

pursuant to this subsection.] if the home of the person summoned

or serving as a juror is 65 miles or more from the place of trial.

    5.  If the home of a person summoned or serving as such a juror

is [60] 65 miles or more from the place of trial and the selection,

inquiry or trial lasts more than 1 day, he is entitled to receive an

allowance for lodging at the rate provided by law for state

employees, in addition to his daily compensation for attendance or

service, for each day on which he does not return to his home.

    6.  In civil cases, any fee, per diem allowance or other

compensation due each juror engaged in the trial of the cause must

be paid each day in advance to the clerk of the court, or the justice

of the peace, by the party who has demanded the jury. If the party

paying this money is the prevailing party, the money is recoverable

as costs from the losing party. If the jury from any cause is

discharged in a civil action without finding a verdict and the party

who demands the jury subsequently obtains judgment, the money so

paid is recoverable as costs from the losing party.

    7.  The money paid by a county clerk to jurors for their services

in a civil action or proceeding, which he has received from the party

demanding the jury, must be deducted from the total amount due

them for attendance as such jurors, and any balance is a charge

against the county.

    Sec. 4.  The provisions of NRS 354.599 do not apply to any

additional expenses of a local government that are related to the

provisions of this act.

 

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