Bill Text: NJ A313 | 2024-2025 | Regular Session | Introduced

New Jersey Assembly Bill 313

Introduced

Bill Title: Creates new excuse from jury service; directs AOC to create and maintain list of persons excused from jury duty due to developmental disability.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A313 Detail]

Download: New_Jersey-2024-A313-Introduced.html

ASSEMBLY, No. 313

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblywoman MICHELE MATSIKOUDIS

District 21 (Morris, Somerset and Union)

SYNOPSIS

Creates new excuse from jury service; directs AOC to create and maintain list of persons excused from jury duty due to developmental disability.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning excuses from jury duty and amending 2B:20-10, and supplementing Title 2B of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2B:20-10 is amended to read as follows:

2B:20-10. An excuse from jury service shall be granted only if:

a. The prospective juror is 75 years of age or older;

b. The prospective juror has served as a juror within the last three years in the county to which the juror is being summoned;

c. Jury service will impose a severe hardship due to circumstances which are not likely to change within the following year. Severe hardship includes the following circumstances:

(1) The prospective juror has a medical inability to serve which is verified by a licensed physician.

(2) The prospective juror will suffer a severe financial hardship which will compromise the juror's ability to support himself, herself, or dependents. In determining whether to excuse the prospective juror, the Assignment Judge shall consider:

(a) the sources of the prospective juror's household income; and

(b) the availability and extent of income reimbursement; and

(3) The prospective juror has a personal obligation to care for another, including a dependent who is sick, is elderly, or has an infirmity or a minor child, who requires the prospective juror's personal care and attention, and no alternative care is available without severe financial hardship on the prospective juror or the person requiring care.

(4) The prospective juror provides highly specialized technical health care services for which replacement cannot reasonably be obtained.

(5) The prospective juror is a health care worker directly involved in the care of a person with a mental or physical disability, and the prospective juror's continued presence is essential to the personal treatment of that person.

(6) The prospective juror is a member of the full-time instructional staff of a grammar school or high school, the scheduled jury service is during the school term, and a replacement cannot reasonably be obtained. In determining whether to excuse the prospective juror or grant a deferral of service, the Assignment Judge shall consider:

(a) the impact on the school considering the number and function of teachers called for jury service during the current academic year; and

(b) the special role of certified special education teachers in providing continuity of instruction to students with disabilities;

d. The prospective juror is a member of a volunteer fire department or fire patrol; [or]

e. The prospective juror is a volunteer member of a first aid or rescue squad; or

f. The prospective juror meets eligibility for and is placed on the exemption list maintained by the Administrative Office of the Courts pursuant to section 2 of P.L. , c. (C. )(pending before the Legislature as this bill).

(cf: P.L.2017, c.131, s.3)

2. (New section) a. As used in this section:

"Developmental disability" means a severe, chronic disability of a person which:

(1) is attributable to a mental or physical impairment or combination of mental or physical impairments;

(2) manifests before age 22;

(3) is likely to continue indefinitely;

(4) results in substantial function limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and

(5) reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

Developmental disability includes, but is not limited to, severe disabilities attributable to an intellectual disability, autism, cerebral palsy, epilepsy, spina bifada, and other neurological impairments where the previous criteria are met.

"Office" means the Administrative Office of the Courts."

b. The Administrative Office of the Courts shall develop and maintain a list and eligibility guidelines for persons to be indefinitely excused from jury service due to a developmental disability. The office shall develop and publish on its Internet website a form for persons seeking to be excused from jury service pursuant to this section to complete as part of the information gathering process.

c. Any person seeking to be excused from jury service pursuant to this section shall submit:

(1) information, verified by a physician, indicating that the person has a developmental disability;

(2) information required by the form developed by the office; and

(3) any other information deemed necessary by the office to make a proper determination.

d. Once the office makes a determination on eligibility of a person to be indefinitely excused from jury service, the office shall notify the person and, if eligible, subsequently add the person to a list maintained by the office of individuals who are indefinitely excused.

e. Any person on the office's list of individuals indefinitely excused shall be excused from jury service pursuant to N.J.S.2B:20-10.

3. This act shall take effect immediately.

STATEMENT

This bill requires the Administrative Office of the Courts (AOC) to create a list of individuals who are indefinitely excused from jury duty due to a developmental disability.

The AOC is required to develop and maintain a list and eligibility guidelines for persons to be indefinitely excused from jury service due to a developmental disability. Developmental disability is defined in the bill as a severe, chronic disability of a person which:

(1) is attributable to a mental or physical impairment or combination of mental or physical impairments;

(2) manifests before age 22;

(3) is likely to continue indefinitely;

(5) reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.

Developmental disability also includes severe disabilities attributable to an intellectual disability, autism, cerebral palsy, epilepsy, spina bifada, and other neurological impairments where the criteria are met.

The AOC is required to develop and publish on its internet website a form for persons seeking to be excused from jury service due to a developmental disability to complete as part of the information gathering process. A person seeking to be excused from jury service is required to submit: (1) information, verified by a doctor of the person, indicating that the person meets the eligibility requirements; (2) information required by the form developed by the AOC; and (3) any other information deemed necessary by the AOC to make a proper determination.

Currently, a person with a developmental disability, such as autism, is not automatically excused from jury duty. To be excused from jury duty, a person would need to meet a requirement of N.J.S.A.2B:20-10, which does not include excusal for developmental disability. Under the bill a person with a developmental disability may voluntarily be added to a list of persons who are automatically excused.