SB 999
Third Amendment Reaffirmation and Protection Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, titled the Third Amendment Reaffirmation and Protection Act, modifies West Virginia’s existing jury qualification rules. It specifically addresses the service of active duty military personnel serving outside of West Virginia, ensuring they are not disqualified solely due to their military status and relocation. The bill also clarifies provisions regarding disability and reasonable accommodations for jurors with disabilities, and expands protections against dismissal based on disability. Finally, it clarifies the definition of ‘officeholder’ for grand jury service.
Key provisions
- Expands the definition of disqualification for prospective jurors to include active duty military personnel serving outside of West Virginia.
- Provides a mechanism for active duty military personnel to be excused from jury service if they have relocated due to their service.
- Clarifies that a juror’s disability alone is not sufficient grounds for dismissal, requiring reasonable accommodations.
- Outlines acceptable reasonable accommodations for disabled jurors, such as interpreters and real-time reporting.
- Defines ‘officeholder’ for grand jury service, excluding notaries public.
- Maintains the right of parties to use preemptory strikes during jury selection.
Who is affected
- Active duty military personnel serving in the United States Armed Forces
- Prospective jurors in West Virginia
- Individuals with disabilities
- West Virginia Circuit Court Judges
- Attorneys and parties involved in jury trials
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