Text: HF00134 Text: HF00136 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 607A.8, Code 2003, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 607A.8 JUROR COMPENSATION AND REIMBURSEMENT.
1 5 1. A grand or petit juror shall be compensated the juror's
1 6 regular wage by the employer of the juror for the first five
1 7 days of service or attendance. A juror earning regular wages
1 8 who has accumulated more than five days of service or
1 9 attendance shall be compensated as provided in subsection 2.
1 10 A grand or petit juror who is self-employed, not employed, or
1 11 is a part-time employee shall be reimbursed as provided in
1 12 section 602.1302, subsection 3, for the first five days of
1 13 service or attendance for necessary expenses including but not
1 14 limited to mileage as provided in section 602.1509 and actual
1 15 expenses for parking. However, such a juror shall be
1 16 reimbursed an amount not less than twenty dollars and not more
1 17 than fifty dollars per day. A juror who earns a regular wage
1 18 but whose daily wage on the date of service or attendance is
1 19 less than one-half of the regular daily wage shall be
1 20 compensated in the same manner as a juror who is self-
1 21 employed, not employed, or is a part-time employee. A juror
1 22 who is self-employed, not employed, or is a part-time employee
1 23 and who has accumulated more than five days of service or
1 24 attendance shall be compensated as provided in subsection 2.
1 25 If service or attendance would place an extreme financial
1 26 hardship on a juror, the juror may file an application seeking
1 27 relief from service under section 607A.8A.
1 28 2. Each juror who is required to be in service or
1 29 attendance more than five days shall receive fifty dollars for
1 30 each day of service beyond the five days as provided in
1 31 section 602.1302, subsection 3.
1 32 3. As used in this section:
1 33 a. "Not employed" means unemployed or retired.
1 34 b. "Part-time employee" means an employee working on
1 35 average less than thirty hours per week over the previous
2 1 ninety days prior to service or attendance.
2 2 c. "Regular wage" means the full-time wage a person would
2 3 have earned but for the service or attendance.
2 4 d. "Service or attendance" means required attendance for
2 5 the purpose of being considered for service on a jury or
2 6 actual service.
2 7 Sec. 2. NEW SECTION. 607A.8A JUROR SERVICE OR ATTENDANCE
2 8 – FINANCIAL HARDSHIP.
2 9 1. Thirty days or more prior to the required service or
2 10 attendance, a prospective grand or petit juror or an employer
2 11 of a prospective grand or petit juror may file on a form
2 12 prescribed by the clerk of the district court, an application
2 13 with the court seeking relief from service or attendance due
2 14 to an extreme financial hardship.
2 15 2. The court shall make a finding as to whether an extreme
2 16 financial hardship exists based upon the application and, if
2 17 necessary, the testimony of the grand or petit juror or the
2 18 employer of the grand or petit juror. If the court finds that
2 19 the juror or the employer of the juror would experience an
2 20 extreme financial hardship if service or attendance is
2 21 required, the court shall do any of the following:
2 22 a. Release a grand or petit juror from the duty to serve
2 23 as a juror.
2 24 b. Order that an employer not be required to compensate an
2 25 employee the juror's regular wages for service or attendance,
2 26 and order that the juror be compensated as provided in section
2 27 602.1302, subsection 3, for the first five days of service or
2 28 attendance in the same manner as a juror who is self-employed,
2 29 not employed, or a part-time employee.
2 30 EXPLANATION
2 31 This bill relates to grand and petit juror compensation and
2 32 reimbursement.
2 33 The bill requires that a juror who is employed full-time be
2 34 compensated the juror's regular wages by the employer of the
2 35 juror during the first five days the juror is required to be
3 1 in attendance or to serve as a juror. If a juror who is
3 2 employed full-time serves more than five days of jury duty,
3 3 the juror shall be compensated $50 per day by the state for
3 4 each day the service exceeds five days. Current law provides
3 5 that a juror shall receive $10 from the state for each day of
3 6 jury duty plus mileage to and from the courthouse and parking
3 7 expenses.
3 8 The bill provides that a juror who is self-employed,
3 9 retired, not employed, or a part-time employee be reimbursed
3 10 necessary expenses by the state. The bill provides that the
3 11 actual expenses include mileage and parking; however, the
3 12 amount reimbursed shall not be less than $20 nor greater than
3 13 $50 per day for the first five days of jury duty. If jury
3 14 duty by a juror who is self-employed, retired, not employed,
3 15 or a part-time employee exceeds five days, the juror shall be
3 16 compensated $50 per day by the state for each day the service
3 17 exceeds five days.
3 18 The bill also provides that 30 or more days prior to the
3 19 required service or attendance, a prospective grand or petit
3 20 juror or an employer of a prospective grand or petit juror may
3 21 file an application with the court seeking relief from service
3 22 or attendance due to an extreme financial hardship. The bill
3 23 provides that if the court finds an extreme financial hardship
3 24 exists for either the employee or the employer if jury duty is
3 25 required, the court shall either release the juror from the
3 26 duty to serve, or order that a full-time employee juror be
3 27 reimbursed by the state in the same manner as self-employed,
3 28 retired, not employed, or part-time employees are reimbursed
3 29 during the first five days of jury duty.
3 30 LSB 1080YH 80
3 31 jm/cl/14.1
Text: HF00134 Text: HF00136 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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