A bill to amend 1980 PA 87, entitled “The uniform condemnation procedures act,” by amending section 12 (MCL 213.62).
HB 5689 introduces significant amendments to the Revised Judicature Act of 1961, focusing on the processes and regulations surrounding jury selection and service. The primary provisions include the establishment of a standardized system for jury selection, managed by the State Court Administrative Office under the supervision of the Supreme Court. This system mandates the creation of a first jury list from driver license and state personal identification cardholder data, which must be updated annually by April 15. The legislation also outlines the qualifications for jurors, including citizenship, age, residency, language proficiency, and the absence of felony convictions. Specific exemptions are provided for individuals over 70 years old, nursing mothers, participants in the address confidentiality program, and active-duty service members and their spouses.
The bill stipulates that jurors must be reimbursed for travel expenses at the IRS standard mileage rate and parking costs, and compensated at a rate consistent with the state minimum wage for each half or full day of service. The state treasurer is tasked with adjusting the state minimum wage every five years to reflect changes in the consumer price index. Jurors may waive reimbursement and compensation upon request. The legislation also introduces a "1 day, 1 trial" jury system, allowing jurors to complete their service after one trial or one day if not selected for a trial.
Modifications to existing laws include the repeal of numerous sections of the Revised Judicature Act of 1961 and other related statutes. The bill replaces the previous jury selection methods with a more centralized and standardized approach, emphasizing the use of computerized and electronic processes. It also mandates the collection and reporting of detailed data on juror qualifications and service, which must be maintained for three years and reported annually to the State Court Administrative Office.
The legislation sets a timeline for implementation, with the changes taking effect one year after the date of enactment. This allows for the necessary adjustments and preparations to be made by the courts and relevant administrative bodies.
HB 5690 seeks to amend the Uniform Condemnation Procedures Act of 1980, specifically section 12 (MCL 213.62). The primary objective of the amendment is to refine the procedures related to jury trials in condemnation cases, which determine just compensation for property owners. The bill stipulates that either the plaintiff or defendant can request a jury trial to resolve compensation issues, and it mandates that the jury must consist of six qualified electors selected under the Revised Judicature Act of 1961 (1961 PA 236, MCL 600.1300 to 600.1372). This is a change from the previous language, which referenced the selection process under the Public Acts of 1961. Additionally, the bill requires that these juries adhere to the court rules applicable to civil cases in circuit court. The legislation also specifies that, barring any substantial reason, there must be a separate trial for just compensation for each parcel of property involved. The act will take effect one year after its enactment, and its implementation is contingent upon the enactment of either Senate Bill No.____ or House Bill No. 5689 of the 102nd Legislature.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice