Key Jury-Related Legislation (2019)
The Fully Informed Jury Association tracks key, jury-related legislation under consideration in the states' 2019 legislative sessions. This data is supplied for informational and educational purposes only. Inclusion of proposed legislation on this list does not imply support for or opposition to any oppose any particular measure listed.
Click a state's name below to jump to that state's data in the listings below. If a state's name in this list is not in bold type, we have not yet identified any key legislation under consideration in that state's legislative session. If a state's name in this list is in bold type, key, jury-related legislation has been identified in that state's legislative session. If a state's name in this list is in italics and orange, bold type, a jury nullification measure is among the key, jury-related legislation under consideration in that state's legislative session.
Alabama | Alaska | Arizona | Arkansas | California | Colorado
Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois
Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland
Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana
Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York
North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania
Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah
Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming
Alabama
Alabama Legislature
Regular sesssion convenes 5 March 2019 and adjourns 18 June 2019.
No key legislation has been identified yet this session.
Alaska
Alaska State Legislature
Regular sesssion convened 15 January 2019 and adjourns 14 April 2019.
No key legislation has been identified yet this session.
Arizona
Arizona State Legislature
Regular session convened 14 January 2019 and is expected to adjourn in late April.
No key legislation has been identified yet this session.
Arkansas
Arkansas State Legislature
Regular session convened 14 January 2019 and adjourns 14 March 2019.
HB 1454 would have amended Arkansas Code § 5-53-115 to:
● require in Section 5 that the accused have "knowingly" have harmed or threatened to harm "another person by any unlawful act in retaliation for anything lawfully done in the other person's capacity as a witness, informant, or juror."
● require in Section 6 that the accused have "knowingly" attempted "to directly or indirectly communicate with a juror, other than as a part of the official proceedings in which the juror is participating, with the purpose of influencing the juror's vote, decision, or other action as a juror."
● increase the severity of the offenses in these two sections ("Retaliation against a witness, informant, or juror" and "Jury tampering") from a Class D felony (punishable by not more than six years in prison and a fine not more than $10,000) to a Class C felony (punishable by not less than three years nor more than ten years in prison and a fine not more than $10,000)
[jury tampering]
DID NOT PASS, LEGISLATURE ADJOURNED
California
California Legislative Information
Regular session convened 3 December 2018 and meets throughout the year.
AB 310 would modify California Code of Civil Procedure § 219 to prohibit the selection of designated parole and correctional officers for voir dire in criminal matters, in addition to peace officers the law already prohibits from being selected for voir dire in criminal matters.
[jury selection]
IN COMMITTEE, HEARING CANCELLED
Colorado
Colorado General Assembly
Regular session convened 4 January 2019 and adjourns 3 May 2019.
No key legislation has been identified yet this session.
Connecticut
Connecticut General Assembly
Regular session convened 9 January 2019 and adjourns 5 June 2019.
SB344 would amend Connecticut General Statutes § 51-222a to provide that the Jury Administrator shall ensure that the master or final list of prospective jurors is racially and ethnically diverse in order to ensure that any impaneled jury is racially and ethnically diverse.
[jury selection]
DID NOT PASS, LEGISLATURE ADJOURNED
Delaware
Delaware General Assembly
Regular session convened 4 January 2019 and adjourns 3 May 2019.
No key legislation has been identified yet this session.
Florida
Florida Legislature
Regular session convenes 5 March 2019 and adjourns 3 May 2019.
No key legislation has been identified yet this session.
Georgia
Georgia General Assembly
Regular session convened 14 January 2019 and is expected to adjourn in early April.
No key legislation has been identified yet this session.
Hawaii
Hawaii State Legislature
Regular session convened 16 January 2019 and adjourns 2 May 2019.
No key legislation has been identified yet this session.
Idaho
Idaho Legislature
Regular session convened 7 January 2019 and is expected to adjourn in early April.
SB1134 would revise the way county jury lists are compiled. Instead of each county compiling and maintaining a list of residents from which jurors may be drawn as is currently done, this bill makes provisions for the state supreme court to compile and maintain a statewide master jury list in its case management system. Counties that wish to maintain their current jury list practices will be able to do so, but the supreme court's master jury list would be divided into county jury lists for use by counties that choose to utilize the Supreme Court jury platform instead of compiling and maintaining lists of their own.
[jury selection]
PASSED
SB1022 seeks to repeal Idaho Statutes § 2-217, which is one of two conflicting Idaho statutes that apply to jurors found in contempt of court for failure to appear for jury duty. Idaho Statutes § 7-610, the harsher of the two conflicting statutes, would remain in force as the applicable statute in this case.
[juror contempt of court]
PASSED
Illinois
Illinois General Assembly
Regular session convened 9 January 2019 and meets throughout the year.
HB0055 would amend the Illinois Unified Code of Corrections §-5/5-4-1 to provide that:
● when a defendant is found guilty by a judge or jury, "the prosecutor shall file with the court a verified written statement signed by the prosecutor setting forth the prosecutor's final offer, if any, of any specified sentence and any charge to be dismissed or not charged in a plea discussion in exchange for a plea of guilty from the defendant and waiver of his or her right to trial," and
● to prohibit punishing a defendant with "a heavier or greater sentence merely because he or she exercises his or her constitutional right to be tried before an impartial judge or jury"
[trial tax, plea bargains]
RETURNED TO RULES COMMITTEE
HB0172 would amend the Illinois Criminal Code of Procedure of 1963 § 5/112-6 to provide that "Grand Jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm" would be open to the public.
[grand juries]
RETURNED TO RULES COMMITTEE
Indiana
Indiana General Assembly
Regular session convened 3 January 2019 and adjourns 29 April 2019.
HB 1510 would provide for the right to trial by jury for a person seeking judicial review of the final revocation of a professional license.
[right to trial by jury]
DID NOT PASS, LEGISLATURE ADJOURNED
Iowa
Iowa Legislature
Regular session convened 14 January 2019 and adjourns 3 May 2019.
No key legislation has been identified yet this session.
Kansas
Kansas Legislature
Regular session convened 14 January 2019 and is expected to adjourn in mid-May.
No key legislation has been identified yet this session.
Kentucky
Kentucky General Assembly
Regular session convened 8 January 2019 and adjourns 29 March 2019.
No key legislation has been identified yet this session.
Louisiana
Louisiana State Legislature
Regular session convenes 8 April 2019 and adjourns 6 June 2019.
No key legislation has been identified yet this session.
Maine
Maine State Legislature
Regular session convened 2 January 2019 and adjourns 19 June 2019.
HP 10 would revise Maine Revised Statutes §1215 to compensate jurors at a rate of $40/day, increased from the current rate of $15/day.
[juror compensation]
DID NOT PASS, LEGISLATURE ADJOURNED
SP 91 would revise Maine Revised Statutes §1215 to compensate jurors at a rate of $50/day, increased from the current rate of $15/day.
[juror compensation]
DID NOT PASS, LEGISLATURE ADJOURNED
Maryland
General Assembly of Maryland
Regular session convened 9 January 2019 and adjourns 8 April 2019.
No key legislation has been identified yet this session.
Massachusetts
General Court of the Commonwealth of Massachusetts
Regular session convened 2 January 2019 and meets throughout the year.
S.971 is a resolution for the review, consideration, evaluation, and/or replacement of the grand jury system in Massachusetts.
[grand juries]
JOINT HEARING JUNE 2019
S.828 provides that a judge in a criminal trial by jury, on request of the defendant or the defense attorney, shall instruct the jury as follows: "If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty. However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty. Even if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty."
[jury nullification, jury instructions]
JOINT HEARING OCTOBER 2019
S.830 would add a new section into the General Laws regarding improper race-based peremptory challenges of the sort prohibited by the United States Supreme Court in Batson v. Kentucky (1986). This section includes several provisions for objections to peremptory challenges as well as provisions for evaluation of those objections and challenges.
[jury selection]
REFERRED TO JUDICIARY COMMITTEE
Michigan
Michigan Legislature
Regular session convened 9 January 2019 and meets throughout the year.
SB 64 would allow each court that adopts a plan for the implementation of a modified system of jury selection under Michigan Compiled Laws § 600.1301b to "provide for a jury pool consisting of jurors drawn from within a municipality in counties with concentrations of specific and identifiable ethnic groups that are not represented in a countywide pool to increase the likelihood of drawing juries of one's peers."
[jury selection]
REFERRED TO JUDICIARY AND PUBLIC SAFETY COMMITTEE
Minnesota
Minnesota State Legislature
Regular session convened 8 January 2019 and adjourns 20 May 2019.
No key legislation has been identified yet this session.
Mississippi
Mississippi Legislature
Regular session convened 8 January 2019 and adjourns 7 April 2019.
No key legislation has been identified yet this session.
Missouri
Missouri General Assembly
Regular session convened 9 January 2019 and adjourns 17 May 2019.
HB 318 would increase daily juror compensation to $40/day, up from the current rate of $6/day.
[juror compensation]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 320 would revise Missouri Revised Statutes § 494.425 to lower the age of eligibility to serve as a grand or petit juror from 21 years of age to 18 years of age.
[juror eligibility]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 586 would provide that "A party seeking judicial review of an agency's final decision has the right to a jury trial if the case involves a contested question of fact or mixed questions of law and fact."
[right to trial by jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 865 would allow any party to a dispute under Missouri Revised Statutes § 456.4-406 regarding whether a trust is void because the creation of the trust was induced by fraud, duress, or undue influence to demand trial by jury.
[right to trial by jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 895 would increase daily juror compensation to $27/day, up from the current rate of $6/day.
[juror compensation]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 989 would modify juror compensation for the first three days of service on a jury service for jurors serving on juries in the City of St. Louis.
[juror compensation]
DID NOT PASS, LEGISLATURE ADJOURNED
SB 288 would modify instructions to the jury during the penalty phase of capital cases. If passed, the law would no longer require the court to instruct the jury that if a jurors do not unanimously agree on a punishment, the court shall impose as punishment life imprisonment without eligibility for probation, parole, or release except by act of the governor or death.
[death penalty , jury instructions]
DID NOT PASS, LEGISLATURE ADJOURNED
Montana
Montana Legislative Branch
Regular session convened 7 January 2019 and adjourns 1 May 2019.
HB 406 would prohibit jurors and require courts to instruct jurors that they are prohibited from "doing research of any kind, speaking with anyone outside of the other jurors, consulting written or electronic sources, or in any other way attempting to gather information about the subject of the trial or the parties."
[restrictions on jurors]
DID NOT PASS, LEGISLATURE ADJOURNED
Nebraska
Nebraska Legislature
Regular session convened 9 January 2019 and adjourns 6 June 2019.
LB 47 changes provisions relating to when a grand jury report may be made public.
[grand juries]
DID NOT PASS, LEGISLATURE ADJOURNED
LB 352 provides for a cautionary instruction to be made to the jury when the testimony or statement of a jailhouse informant is 5 admitted into evidence. The instruction shall be substantially similar to the following: "That the testimony or statement of a jailhouse informant who 8 provides evidence against a defendant must be examined and weighed with greater care than the testimony or statement of an ordinary witness; that jailhouse informants may expect, and in practice often receive, benefits that have not been formally promised to them prior to trial; and that the reliability factors enumerated in subsection (1) of section 5 of this act, to the extent they apply in such case, shall be considered when determining whether the testimony or statement of the jailhouse informant has been affected by interest or prejudice against the defendant."
[jury instructions]
PASSED
LB 387 makes substantial changes to how Nebraska develops jury lists, who is excused or disqualified from jury service, how prospective jurors may be challenged from impanelment on a jury, how names are drawn for summons to jury duty, how prospective jurors are qualified for jury duty, and more.
[jury selection]
DID NOT PASS, LEGISLATURE ADJOURNED
LB 496 changes the offense of jury tampering from a Class IV felony to a Class II felony in some cases.
[jury tampering]
PASSED
Nevada
Nevada Legislature
Regular session convened 4 February 2019 and adjourns 3 June 2019.
No key legislation has been identified yet this session.
New Hampshire
New Hampshire General Court
Regular session convened 2 January 2019 and adjourns in late June.
HB 465 gives the right to trial by jury to a plaintiff in private consumer protection actions.
[right to trial by jury]
INEXPEDIENT TO LEGISLATE
New Jersey
New Jersey Legislature
Regular session convened 9 January 2019 and meets throughout the year.
A5089 would permit persons with past convictions of indictable offenses to serve on juries.
[jury selection]
New Mexico
New Mexico Legislature
Regular session convened 15 January 2019 and adjourns 16 March 2019.
HB 19 would allow metropolitan courts to convene grand juries.
[grand juries]
DID NOT PASS, LEGISLATURE ADJOURNED
SB 187 would make changes to the grand jury system including notifying the target of a grand jury investigation of the target's right to alert the grand jury to the existence of evidence that would disprove or reduce the charge or accusation or that would make an indictment unjustified.
[grand juries]
DID NOT PASS, LEGISLATURE ADJOURNED
SB 460 would make changes to the grand jury system including notifying the target of a grand jury investigation of the target's right to alert the grand jury to the existence of evidence that would disprove or reduce the charge or accusation or that would make an indictment unjustified.
[grand juries]
DID NOT PASS, LEGISLATURE ADJOURNED
New York
New York State Assembly
Regular session convened 9 January 2019 and meets throughout the year.
A02165 / S02905 would require that grand juries involving police officers or peace officers involved in a shooting or excessive use of force be conducted in open, contemporaneous public hearings. It would further prohibit a district attorney from indicting such officers by way of an information instead of a grand jury.
[grand juries]
REFERRED TO CODES / REFERRED TO CODES
A02366 would require that in its charge to a jury, a court must instruct the jury as follows: "Do not allow any bias, sympathy, fear, or public opinion influence your decision in any way. Your verdict must be based solely upon the evidence at trial and not upon the race, color, gender, national origin, ancestry, religion, age, disability, gender identity or sexual orientation of any person."
[jury instructions]
REFERRED TO CODES
A03462 / S00033 would remove the exception currently in the law for New York City criminal court that allows and requires that people pleading not guilty to a misdemeanor for which the authorized term of imprisonment is not more than six months be tried by a single judge. Instead, they would now be accorded a trial by jury.
[right to trial by jury]
ADVANCED TO THIRD READING / COMMITTED TO RULES
A04673 would compensate jurors at a rate of $72/day, increased from the current rate of $40/day.
[juror compensation]
AMENDED, RECOMMIT TO WAYS AND MEANS
A04760 / S00221 would remove the lifetime ban on jury duty for convicted felons who have completed their sentencing.
[jury selection]
ADVANCED TO THIRD READING / REFERRED TO JUDICIARY
A05164 / S02185 would provide detailed steps for disclosure of the certain material relating to the proceedings before a grand jury.
[grand juries]
ADVANCED TO THIRD READING / REFERRED TO CODES
A05207 would require that in its charge to a jury, a court must instruct the jury as follows: "Do not let bias, sympathy, prejudice, or public opinion influence your decision. Bias includes bias against the victim or victims or witness or witnesses, based upon his or her race, color, national origin, ancestry, gender, religion, religious practice, age, disability, gender identity or gender expression, or sexual orientation."
[jury instructions]
REFERRED TO CODES
North Carolina
North Carolina General Assembly
Regular session convened 9 January 2019 and is expected to adjourn in mid-July.
No key legislation has been identified yet this session.
North Dakota
North Dakota Legislative Branch
Regular session convened 3 January 2019 and adjourns 26 April 2019.
HB 1118 would expand the master jury list to include tribal registries if made available by a federally recognized Indian tribe in North Dakota.
[jury selection]
DID NOT PASS, LEGISLATURE ADJOURNED
Ohio
Ohio Legislature
Regular session convened 7 January 2019 and meets throughout the year.
SB 15 would require the names submitted by the Bureau of Motor Vehicles to the commissioners of jurors to be included on the annual jury source list compiled by the commissioners.
[jury selection]
REFERRED TO COMMITTEE
Oklahoma
Oklahoma State Legislature
Regular session convened 4 February 2019 and adjourns 31 May 2019.
No key legislation has been identified yet this session.
Oregon
Oregon State Legislature
Regular session convened 22 January 2019 and adjourns 30 June 2019.
HB 2552 would make any corporation organized under the laws of the state of Oregon eligible to act as a juror in a civil or criminal trial or as a grand juror.
[jury selection]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 2615 would repeal statutory authority for nonunanimous jury verdicts in criminal trials. If passed, this measure would take effect only if the constitutional amendment proposed by House Joint Resolution 10 (2019) is approved by the people at regular general election held in November 2020.
[jury unanimity]
DID NOT PASS, LEGISLATURE ADJOURNED
HJR 6 proposes an amendment to the Oregon Constitution to require state agreement and trial judge approval for an accused person to waive their right to trial by jury.
[right to trial by jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HJR 10 proposes an amendment to the Oregon Constitution to require juries to be in unanimous agreement in order to deliver verdicts in criminal cases.
[jury unanimity]
DID NOT PASS, LEGISLATURE ADJOURNED
SB 327 would require that before deliberations during a criminal jury trial in which a defendant is charged with a felony, the court shall instruct the jury as follows: “As jurors, if you feel that a conviction would not be a fair or just result in this case, it is within your power to find the defendant not guilty even if you find that the state has proven the defendant’s guilt beyond a reasonable doubt.” It further provides that failure to do so constitutes a mistrial and is reversible error upon appeal.
[jury nullification, jury instructions]
DID NOT PASS, LEGISLATURE ADJOURNED
SB 473 would compensate jurors at a rate of at least $22.07/day starting their first day of required attendance, up from a current minimum of $10/day depending on which court and day of service. It would also require this daily fee be adjusted regularly for inflation and increase mileage reimbursement for jurors from the current $.08-.20/mile, depending on which court in which a juror serves, to $0.545/mile.
[juror compensation]
DID NOT PASS, LEGISLATURE ADJOURNED
Pennsylvania
Pennsylvania General Assembly
Regular session convened 1 January 2019 and meets throughout the year.
No key legislation has been identified yet this session.
Rhode Island
State of Rhode Island General Assembly
Regular session convened 1 January 2019 and is expected to adjourn in mid-July.
S 0229 would in most circumstances require a criminal conviction the standard of proof that must be met before property may be forfeited. It would also provide that any related issue of forfeiture would be submitted to the same jury that convicts a defendant of a crime.
[asset forfeiture]
DID NOT PASS, LEGISLATURE ADJOURNED
South Carolina
South Carolina Legislature
Regular session convened 8 January 2019 and adjourns 9 May 2019.
H 3230 would make a number of changes to the requirements and procedures of the grand jury system.
[grand juries]
DID NOT PASS, LEGISLATURE ADJOURNED
H 3968 would implement asset forfeiture reform measures that would require a criminal conviction before property is forfeited, close a loophole by which state and local law enforcement could circumvent this requirement by partnering with federal officials, and provides for other requirements preserving the accused person's right to trial by jury over the issue of forfeiture.
[asset forfeiture, right to trial by jury]
DID NOT PASS, LEGISLATURE ADJOURNED
S 60 would require a court to "instruct a jury that it may draw an adverse inference for the law enforcement officer's failure" to record statements made during questioning, interrogation, or custodial interrogation as required by other provisions in the bill.
[jury instructions]
DID NOT PASS, LEGISLATURE ADJOURNED
South Dakota
South Dakota Legislature
Regular session convened 8 January 2019 and adjourns 29 March 2019.
SB 163 would add nondriver identification card lists as a source of names for the jury selection list.
[jury selection]
PASSED
Tennessee
Tennessee General Assembly
Regular session convened 8 January 2019 and is expected to adjourn in late April.
HB 0368 / SB 0369 would require a court, upon the request of a criminal defense attorney, to instruct the jury that although the state may prove a case beyond a reasonable doubt the jury may still find the defendant not guilty in order to avoid an unjust result.
[jury nullification, jury instructions]
DID NOT PASS, LEGISLATURE ADJOURNED
Texas
Texas Legislature
Regular session convened 8 January 2019 and adjourns 27 May 2019.
HB 205 would make changes to the grand jury process including:
● permitting the accused and other witnesses to have an attorney present inside the grand jury room while they are testifying,
● permitting the attorney, the accused, and other witnesses to interrupt the questioning at any time so that the accused or other witnesses may consult with the attorney outside the hearing of the grand jury, and
● other changes related to the grand jury system.
[grand jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 211 would make changes to the grand jury process including:
● permitting the accused and other witnesses to have an attorney present inside the grand jury room while they are testifying,
● permitting the attorney, the accused, and other witnesses to interrupt the questioning at any time so that the accused or other witnesses may consult with the attorney outside the hearing of the grand jury, and
● other changes related to the grand jury system.
[grand jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 480 would allow the attorney representing the state to question a grand juror in order to determine whether the juror may be challenged under certain subsections of Texas Code of Criminal Procedure Art. 19.31.
[grand jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 1030 would change the rules in the penalty phase of capital cases by:
● removing the requirement that the jury may not answer certain issues put before them “no” unless 10 or more jurors agree, namely
"(1) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and
(2) in cases in which the jury charge at the guilt or innocence stage permitted the jury to find the defendant guilty as a party under Sections 7.01 and 7.02, Penal Code , whether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken.", and
● removing the requirement that the jury may not answer certain issues put before them “yes” unless 10 or more jurors agree, namely "Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed."
[death penalty, jury instructions]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 1289 would make changes to instructions given to the jury during the penalty phase of a criminal trial regarding parole eligibility. (Note: Texas currently provides for sentencing by juries in non-capital cases.)
[jury instructions, non-capital jury sentencing]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 2398 would make changes to the grand jury process including:
● permitting the accused and other witnesses to have an attorney present inside the grand jury room while they are testifying,
● changing some requirements for recording grand jury proceedings,
● prohibiting a grand jury from investigating or indicting a person for an offense if the person has previously been investigated by a grand jury for the same offense and that grand jury found no bill of indictment, unless the state presents material evidence that was not known to the state before or during the previous grand jury investigation,
● requiring the state to present to a grand jury investigating an offense any evidence it has that is favorable to the accused, and
● other changes related to the grand jury system.
[grand jury]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 2427 would make changes to the grand jury process including
● permitting the accused and other witnesses to have an attorney present inside the grand jury room while they are testifying,
● permitting the attorney, the accused, and other witnesses to interrupt the questioning at any time so that the accused or other witnesses may consult with the attorney outside the hearing of the grand jury, and
● requiring the state to disclose to the defendant any exculpatory, impeachment, or mitigating document, item, or information that was obtained as a result of a grand jury proceeding.
[grand jury]
DID NOT PASS, LEGISLATURE ADJOURNED
SB 716 would make changes to how the jury is informed and votes during the penalty phase of a capital case including:
● eliminating the provision of the law that currently bars the court, the attorney representing the state, the defendant, or the defendant's counsel from informing a juror or a prospective juror of the effect of a failure of a jury to agree on any of several issues in the case for which they will be tasked with returning a special verdict of “yes” or “no”,
● removes the requirement that the jury may not answer certain issues put before them “no” unless 10 or more jurors agree, namely
"(1) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and
(2) in cases in which the jury charge at the guilt or innocence stage permitted the jury to find the defendant guilty as a party under Sections 7.01 and 7.02, Penal Code , whether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken.", and
● removes the requirement that the jury may not answer certain issues put before them “yes” unless 10 or more jurors agree, namely "Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed."
[death penalty, jury instructions]
DID NOT PASS, LEGISLATURE ADJOURNED
Utah
Utah State Legislature
Regular session convened 28 January 2019 and adjourns 14 March 2019.
No key legislation has been identified yet this session.
Vermont
Vermont General Assembly
Regular session convened 9 January 2019 and is expected to adjourn in mid-May.
No key legislation has been identified yet this session.
Virginia
Virginia General Assembly
Regular session convened 9 January 2019 and adjourns 10 March 2019.
HB 2096 would modify Code of Virginia § 19.2-386.1 to stay asset forfeiture proceedings in some cases until the owner or person in whose custody the property is found is convicted. If that person is not convicted, the bill provides that the property in question be released from seizure no later than 21 days from the date the stay terminates, unless such forfeiture is ordered by a court pursuant to a lawful plea agreement or the owner of the property or the person in whose custody the property was found has not submitted a written demand for the return of the property within 21 days from the date the stay terminates. It would modify several portions of the Code of Virginia (§ 19.2-386.29, § 19.2-386.31, § 19.2-386.32, § 19.2-386.34, § 19.2-386.35) by deleting provisions that specific types of forfeitures under those sections occur upon conviction.
[asset forfeiture]
DID NOT PASS, LEGISLATURE ADJOURNED
HB 2627 would add a section § 19.2-262.01 to the Code of Virginia with specifications for voir dire examination of persons called as jurors.
[jury selection]
DID NOT PASS, LEGISLATURE ADJOURNED
Washington
Washington State Legislature
Regular session convened 14 January 2019 and adjourns 28 April 2019.
No key legislation has been identified yet this session.
West Virginia
West Virginia Legislature
Regular session convened 9 January 2019 and adjourns 9 March 2019.
SB 101 would increase the severity of the offenses of intimidation or harassment of a juror with the intent to impede or obstruct a juror from performing his or her official duties in an official proceeding from a misdemeanor to a felony.
[jury tampering]
PASSED
SB 309 would require the state prove that owner of seized property has been convicted of a crime and that seized property was substantially related to said crime. If the state cannot meet this burden, it would be required to return seized property to its owner within 48 hours of the entry of the court’s order.
[asset forfeiture]
DID NOT PASS, LEGISLATURE ADJOURNED
Wisconsin
Wisconsin State Legislature
Regular session convened 7 January 2019 and meets throughout the year.
No key legislation has been identified yet this session.
Wyoming
State of Wyoming Legislature
Regular session convened 8 January 2019 and is expected to adjourn in early March.
No key legislation has been identified yet this session.
