Bill Text: VA HB1814 | 2019 | Regular Session | Prefiled
Bill Title: Deferral of jury service; persons who have legal custody/responsibility for care of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-03-18 - Governor: Acts of Assembly Chapter text (CHAP0518) [HB1814 Detail]
Download: Virginia-2019-HB1814-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§8.01-341.1 and 8.01-341.2 of the Code of Virginia are amended and reenacted as follows:
§8.01-341.1. Exemptions from jury service upon request.
Any of the following persons may serve on juries in civil and criminal cases but shall be exempt from jury service upon his request:
1. through 3. [Repealed.]
4. A
mariner actually employed in maritime service;
5. through 7.
[Repealed.]
8. 2. A person who has legal
custody of and is necessarily and personally responsible for a child or
children 16 years of age or younger requiring continuous care by him during
normal court hours,
or any unless
such person's jury service is deferred pursuant
to §8.01-341.2;
3. Any mother who is breast-feeding a child;
9. 4. A
person who is necessarily and personally responsible for a person having a
physical or mental impairment requiring continuous care by him during normal
court hours;
10. 5. Any
person over 70 years of age;
11. 6. Any
person whose spouse is summoned to serve on the same jury panel;
12. 7. Any
person who is the only person performing services for a business, commercial or
agricultural enterprise and whose services are so essential to the operations of
the business, commercial or agricultural enterprise that such enterprise must
close or cease to function if such person is required to perform jury duty;
13. 8. Any
person who is the only person performing services for a political subdivision
as a firefighter, as defined in §65.2-102, and whose services are so essential
to the operations of the political subdivision that such political subdivision
will suffer an undue hardship in carrying out such services if such person is
required to perform jury duty;
14. 9. Any
person employed by the Office of the Clerk of the House of Delegates, the
Office of the Clerk of the Senate, the Division of Legislative Services, and
the Division of Legislative Automated Systems; however, this exemption shall
apply only to jury service starting (i) during the period beginning 60 days
prior to the day any regular session commences and ending 30 days after the day
of adjournment of such session and (ii) during the period beginning seven days
prior to the day any reconvened or special session commences and ending seven
days after the day of adjournment of such session;
15. 10. Any
general registrar, member of a local electoral board, or person appointed or
employed by either the general registrar or the local electoral board, except
officers of election appointed pursuant to Article 5 (§24.2-115 et seq.) of
Chapter 1 of Title 24.2; however, this exemption shall apply only to jury
service starting (i) during the period beginning 90 days prior to any election
and continuing through election day, (ii) during the period to ascertain the
results of the election and continuing for 10 days after the local electoral
board certifies the results of the election under §24.2-671 or the State Board
of Elections certifies the results of the election under §24.2-679, or (iii)
during the period of an election recount or contested election pursuant to
Chapter 8 (§24.2-800 et seq.) of Title 24.2. Any officer of election shall be
exempt from jury service only on election day and during the periods set forth
in clauses (ii) and (iii); and
16. 11. Any
member of the armed services Armed Services of the United
States or the diplomatic service of the United States appointed under the
Foreign Service Act (22 U.S.C. §3901 et seq.) who will be serving outside of
the United States at the time of such jury service.
§8.01-341.2. Deferral or limitation of jury service for particular occupational inconvenience or for persons who have legal custody and are responsible for a child.
The court, at
the request of a person selected for jury service or on its
own motion, may exempt any person from jury service for a particular term of
court, or limit that person's service to particular dates of that term, if
serving on a jury during that term or certain dates of that term of court (i) would cause such person a
particular occupational inconvenience or (ii) takes
place during a period described by subdivision 2 of §8.01-341.1. Any Unless otherwise provided by law,
such person who is selected for jury service, and who is exempted under the
provisions of this section, shall not be discharged from his obligation to
serve on a jury, but such obligation shall only be deferred until the term of
court next after (a)
such particular occupational inconvenience shall end
or (b) such period
described by subdivision 2 of
§8.01-341.1 ends. For purposes of this
section, "occupational inconvenience" includes inconvenience to a
person who, during the term of court for which such person is selected for jury
service, is enrolled as a full-time student at an accredited public or private
institution of higher education and who is attending classes at such
institution during such term. The provisions of
this section shall not interfere with the
exemption available under subdivision 2 of
§8.01-341.1.
