Nebraska LB 1180: Change provisions regarding alternate jurors

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1180

Introduced by Wayne, 13.
Read first time January 23, 2020
Committee: Judiciary
A BILL FOR AN ACT relating to criminal procedure; to amend sections1
29-2004 and 29-2005, Revised Statutes Cumulative Supplement, 2018;2
to change provisions relating to alternate jurors; to state intent3
regarding construction; to harmonize provisions; and to repeal the4
original sections.5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 29-2004, Revised Statutes Cumulative Supplement,1
2018, is amended to read:2
29-2004 (1) All parties may stipulate that the jury may be selected3
up to thirty-one days prior to the date of trial. The stipulation must be4
unanimous among all parties and evidenced by a joint stipulation to the5
county court.6
(2) In all cases, except as may be otherwise expressly provided, the7
accused shall be tried by a jury drawn, summoned, and impaneled according8
to provisions of the code of civil procedure, except that whenever in the9
opinion of the court the trial is likely to be a protracted one, the10
court may, immediately after the jury is impaneled and sworn, direct the11
calling of one or two additional jurors, to be known as alternate jurors.12
(3)(a) The court may impanel up to six alternate jurors to replace13
any jurors who are unable to perform or who are disqualified from14
performing their duties.15
(b) Alternate jurors must have the same qualifications and shall be16
selected and sworn in the same manner as any other juror.17
(c) Alternate jurors shall replace jurors in the same sequence in18
which the alternates were selected. An alternate juror who replaces a19
juror has the same authority as the other jurors.20
(4) Such jurors shall be drawn from the same source and in the same21
manner, and have the same qualifications as regular jurors, and be22
subject to examination and challenge as such jurors, except that each23
party shall be allowed one peremptory challenge to each alternate juror.24
The alternate jurors shall take the proper oath or affirmation and shall25
be seated near the regular jurors with equal facilities for seeing and26
hearing the proceedings in the cause, and shall attend at all times upon27
the trial of the cause in company with the regular jurors. They shall28
obey all orders and admonitions of the court, and if the regular jurors29
are ordered to be kept in the custody of an officer during the trial of30
the cause, the alternate jurors shall also be kept with the other jurors.31
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(5)(a) The court may retain alternate jurors after the jury retires1
to deliberate, except that if and, except as hereinafter provided, shall2
be discharged upon the final submission of the cause to the jury. If an3
information charging a violation of section 28-303 and in which the death4
penalty is sought contains a notice of aggravation, the alternate jurors5
shall be retained as provided in section 29-2520.6
(b) The court must ensure that a retained alternate does not discuss7
the case with anyone until that alternate replaces a juror or is8
discharged. If an alternate replaces a juror after deliberations have9
begun, the court must instruct the jury to begin its deliberations anew.10
(6)(a) Each party is entitled to the following number of additional11
peremptory challenges to prospective alternate jurors:12
(i) One additional peremptory challenge is permitted when one or two13
alternates are impaneled;14
(ii) Two additional peremptory challenges are permitted when three15
or four alternates are impaneled; and16
(iii) Three additional peremptory challenges are permitted when five17
or six alternates are impaneled.18
(b) The additional peremptory challenges provided in this subsection19
may only be used to remove alternate jurors.20
(7) In construing and applying this section, courts shall consider21
Federal Rule of Criminal Procedure 24 and case law interpreting such22
rule. If, before the final submission of the cause a regular juror dies23
or is discharged, the court shall order the alternate juror, if there is24
but one, to take his or her place in the jury box. If there are two25
alternate jurors the court shall select one by lot, who shall then take26
his or her place in the jury box. After an alternate juror is in the jury27
box he or she shall be subject to the same rules as a regular juror.28
Sec. 2. Section 29-2005, Revised Statutes Cumulative Supplement,29
2018, is amended to read:30
29-2005 Except as otherwise provided in section 29-2004 for31
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peremptory challenges to alternate jurors:1
(1) Every Every person arraigned for any crime punishable with2
death, or imprisonment for life, shall be admitted on his or her trial to3
a peremptory challenge of twelve jurors, and no more;4
(2) Every every person arraigned for any offense that may be5
punishable by imprisonment for a term e