HOUSE DOCKET, NO. 42        FILED ON: 1/2/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1373

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patricia A. Haddad

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act To Repeal Chapter 234.

_______________

PETITION OF:

HOUSE DOCKET, NO. 42        FILED ON: 1/2/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1373

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act To Repeal Chapter 234.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 234 of the General Laws, as appearing in the 2010 Official Edition, is hereby repealed.

SECTION 2.  Chapter 234A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 27 the following section:-

Section 27A.  After a summons has been received by a juror as hereinbefore provided, no

person shall, except as otherwise provided by law, question any juror so summoned for the

purpose of obtaining information as to his background in connection with his jury duty.

SECTION 3.  Said chapter 234A is hereby further amended by inserting after section 30 the following section:-¬

Section 30A.  If, by challenge or otherwise, a sufficient number of jurors duly drawn and summoned cannot be obtained for the trial of a case, the court shall cause jurors to be returned from the bystanders or from the county at large, to complete the panel, if there are on the jury not less than seven of the jurors who were originally drawn and summoned as before provided.

Before causing additional jurors to be returned for service the jury pool officer shall file an affidavit with the court stating that more than the usual number of jurors are required on the case and that the jury pool has been exhausted. The judge sitting on the case shall make a finding as to the accuracy of said affidavit prior to the return of additional jurors.                           

The jurors from the bystanders shall be returned by the sheriff or his deputy or by a disinterested person appointed therefor by the court, and shall be such as are qualified and liable to be drawn as jurors.

SECTION 4.  Said chapter 234A is hereby further amended by inserting after section 67 the following three sections:-¬

Section 67A.  Upon motion of either party, the court shall, or the parties or their attorneys

may under the direction of the court, examine on oath a person who is called as a juror therein, to learn whether he is related to either party or has any interest in the case, or has expressed or formed an opinion, or is sensible of any bias or prejudice, therein; and the objecting party may introduce other competent evidence in support of the objection. If the court finds that the juror does not stand indifferent in the case, another shall be called in his stead. In a criminal case such examination shall include questions designed to learn whether such juror understands that a defendant is presumed innocent until proven guilty, that the commonwealth has the burden of proving guilt beyond a reasonable doubt, and that the defendant need not present evidence in his behalf. If the court finds that such juror does not so understand, another shall be called in his stead.

For the purpose of determining whether a juror stands indifferent in the case, if it appears that, as a result of the impact of considerations which may cause a decision or decisions to be made in whole or in part upon issues extraneous to the case, including, but not limited to, community attitudes, possible exposure to potentially prejudicial material or possible preconceived opinions toward the credibility of certain classes of persons, the juror may not stand indifferent, the court shall, or the parties or their attorneys may, with the permission and under the direction of the court, examine the juror specifically with respect to such considerations, attitudes, exposure, opinions or any other matters which may, as aforesaid, cause a decision or decisions to be made in whole or in part upon issues extraneous to the issues in the case. Such examination may include a brief statement of the facts of the case, to the extent the facts are appropriate and relevant to the issue of such examination, and shall be conducted individually and outside the presence of other persons about to be called as jurors or already called.             

Section 67B.  In a civil case each party shall be entitled to four peremptory challenges. Such challenges shall be made before the commencement of the trial and may be made after it has been determined that a person called to serve as a juror stands indifferent in the case.

Section 67C.  In indictments and penal actions for the recovery of a forfeiture, it shall not be a challenge for cause to a juror that he is liable to pay taxes in a county, city or town which may be benefited by such recovery.

SECTION 5.  Said chapter 234A is hereby further amended by inserting after section 68 the following two sections:-¬

Section 68A.  If a jury, after due and thorough deliberation, return to court without having agreed on a verdict, the court may state anew the evidence or any part thereof, explain to them anew the law applicable to the case and send them out for further deliberation; but if they return a second time without having agreed on a verdict, they shall not be sent out again without their own consent, unless they ask from the court some further explanation of the law.             

Section 68B.  In any civil action the jury shall be instructed that the agreement of five sixths of its members shall be sufficient to render any special or general verdict.

SECTION 6.  Said chapter 234A is hereby further amended by inserting after section 69 the following section:-¬

Section 69A.  The court may, upon motion, allow the jury in a civil case to view the premises or place in question or any property, matter or thing relative to the case if the party making the motion advances an amount sufficient to defray the expenses of the jury and the officers who attend them in taking the view, which shall be taxed as costs, if the party who advanced them prevails. The court may order a view by a jury impanelled to try a criminal case.

SECTION 7.  Said chapter 234A is hereby further amended by inserting after section 74 the following section:-¬              

Section 74A.  If either party to a case at the sitting at which a verdict is returned, either before or after the trial, gives to any of the jurors who try the case anything by way of treat or gratuity, the court may, upon motion of the adverse party, set aside the verdict and award a new trial.