HOUSE OF REPRESENTATIVES

H.B. NO.

28

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO JURY SELECTION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 635, Hawaii Revised Statutes, is amended by amending the title, "IMPANELING, SEGREGATION OF JURY", to read as follows:

"[IMPANELING, SEGREGATION OF JURY] SIZE OF JURY"

SECTION 2. Section 635-26, Hawaii Revised Statutes, is amended to read as follows:

"635-26 Impaneling. [(a)] At the trial of any cause requiring a jury in any circuit or district court, the clerk of the court shall draw a jury by lot[, to the number of twelve, from the box containing the names of persons who have been duly summoned to attend as trial jurors and who are not excused from attendance. If any of the twelve are challenged and set aside, the clerk shall continue to draw by lot from the box until twelve impartial jurors are obtained, who then shall be sworn as the jurors for the trial of the cause. If so directed by the court, additional jurors shall be drawn and impaneled to sit as alternate jurors.

(b) Upon the stipulation of the parties, the jury may consist of a number less than twelve]. The trial jury shall consist of twelve jurors and sufficient alternate jurors."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Jury Selection; Jury Size

 

Description:

Removes the requirement that juries be selected by the strike-and-replace method of jury impanelment.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.