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Mississippi Legislature· SB 2135Approved by Governor (Chapter 393)

Juror qualifications; clarify qualified electors must be active voters to be competent jurors., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division A

By: Senator(s) Fillingane

Senate Bill 2135

(As Sent to Governor)

AN ACT TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972,
TO  CLARIFY THAT A QUALIFIED ELECTOR MUST BE DESIGNATED AS AN ACTIVE VOTER IN
THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM TO BE A COMPETENT JUROR; TO DELETE
THE COMPETENCY REQUIREMENT THAT A JUROR IS NOT A COMMON GAMBLER OR HABITUAL
DRUNKARD; TO PROVIDE THAT A COMPETENT JUROR IS A JUROR WHO DOES NOT HAVE A
SUBSTANCE USE DISORDER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
13-5-1, Mississippi Code of 1972, is amended as follows:

13-5-1.  Every citizen not
under the age of twenty-one (21) years, who is either a qualified
elector designated as an active voter in the Statewide Election Management
System, or a resident freeholder of the county for more than one (1)
year, is able to read and write, and has not been convicted of an infamous
crime, or the unlawful sale of intoxicating liquors within a period of five (5)
years and who * * *
is not a common gambler or habitual drunkard does not have a substance
use disorder, is a competent juror.  No person who is or has been within
twelve (12) months the overseer of a public road or road contractor
shall, however, be competent to serve as a grand juror.  The lack of any such
qualifications on the part of one or more jurors shall not, however, vitiate an
indictment or verdict.  Moreover, no talesman or tales juror shall be qualified
who has served as such talesman or tales juror in the last preceding two (2)
years, and no juror shall serve on any jury who has served as such for the last
preceding two (2) years.  No juror shall serve who has a case of his own
pending in that court, provided there are sufficient qualified jurors in the
district, and for trial at that term.

In order to determine that
prospective jurors can read and write, the presiding judge shall, with the
assistance of the clerk, distribute to the jury panel a form to be completed
personally by each juror prior to being empaneled as follows:

"1.  Your name ________
last ________ first ________ middle initial.

2.  Your home address
________ .

3.  Your occupation ________
.

4.  Your age ________ .

5.  Your telephone number
________ .  If none, write none.

6.  If you live outside the
county seat, the number of miles you live from the courthouse ________ miles.

______________________

Sign
your name"

The judge shall personally
examine the answers of each juror prior to empaneling the jury and each juror
who cannot complete the above form shall be disqualified as a juror and
discharged.

A list of any jurors
disqualified for jury duty by reason of inability to complete the form shall be
kept by the circuit clerk and their names shall not be placed in the jury box
thereafter until such person can qualify as above provided.

SECTION 2.  This act
shall take effect and be in force from and after its passage.
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