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BILL AS INTRODUCED 2007-2008

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S.187

Introduced by Senator Campbell of Windsor District and Senator Illuzzi of Essex-Orleans District

Referred to Committee on

Date:

Subject:  Court procedure; conduct of trials; juries

Statement of purpose:  This bill proposes to reduce the number of jurors in civil actions and criminal proceedings from 12 to six; reduce the number of peremptory challenges from six to three; and require a defendant who seeks to subpoena confidential records of a victim to provide prior notice to the state’s attorney.

AN ACT RELATING TO REDuCING THE NUMBER OF JURORS IN CIVIL ACTIONS AND CRIMINAL PROCEEDINGS AND REQUIRING NOTICE PRIOR TO ISSUING A SUBPOENA OF A VICTIM’S CONFIDENTIAL RECORDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  12 V.S.A. § 1940 is added to read:

§ 1940.  JURY NUMBER

The jury in a civil action or criminal proceeding shall consist of six jurors.


Sec. 2.  12 V.S.A. § 1941 is amended to read:

§ 1941.  JURY CHALLENGES; PEREMPTORY AND FOR CAUSE

Upon the trial of a cause in any court each party, including the state, may peremptorily challenge six three jurors and any further number for cause.

Sec. 3.  12 V.S.A. § 1949 is amended to read:

§ 1949.  District court jury

The provisions of sections 1941, 1943, 1944, 1945, and 1948 of this title shall apply to district courts.

Sec. 4.  13 V.S.A. § 5316 is amended to read:

§ 5316.  Complete identification by prosecution and
  defense

(a)  Any individual associated with the prosecution or defense of a listed crime, including attorneys, investigators, or experts, who comes in contact with the victim or the victim’s family shall properly identify himself or herself and by whom he or she is employed.

(b)  At least seven days prior to seeking a subpoena to obtain confidential records of a victim, a defendant shall provide notice of such intent to the state’s attorney.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us