HB 4098
To restore the right of a person to sit on a jury has been restored upon expungement of one’s record
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill restores the right of individuals to serve on a West Virginia jury after a felony conviction has been expunged. It amends existing law to allow otherwise qualified potential jurors with expunged felony records to participate in jury selection. The bill clarifies existing rules regarding juror qualifications, including those related to language proficiency, physical or mental disabilities, and age, while also outlining accommodations for disabled jurors. It maintains the right of parties to use preemptory strikes during jury selection.
Key provisions
- Allows individuals with expunged felony convictions to serve on a jury.
- Clarifies that a juror must be able to read, speak, and understand the English language, with exceptions for American Sign Language or Signed English.
- Outlines procedures for disqualifying jurors based on physical or mental disabilities and provides for reasonable accommodations.
- Specifies that a person 70 years of age or older is not disqualified but can request to be excused.
- Defines ‘officeholder’ for grand jury eligibility and excludes notaries public.
- Addresses accommodations for disabled jurors, including certified interpreters and real-time court reporting.
- Maintains the right of parties to use preemptory strikes during jury selection.
- Addresses the requirements for serving as a petit juror, grand juror, or magistrate court juror.
Who is affected
- Individuals with felony convictions
- Potential jurors
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