HB259 Alabama 2017 Session

Under existing law, a party is not prohibited from contacting a juror in a criminal case after the jury in the case has been dismissed from further service

This bill would prohibit an attorney or party in a criminal proceeding, or anyone acting for him or her or on his or her behalf, from disclosing any identifying or personal information obtained from the juror during the jury voir dire process after the close of trial

This bill would prohibit an attorney or party in a criminal case, or anyone acting on his or her behalf, from contacting a juror for the purpose of developing or investigating issues related to an appeal, post-trial motion, or collateral proceeding unless permitted by the court once a final verdict has been reached and accepted by the court

This bill would require a party to file a motion under seal with the trial judge requesting contact with a juror for inquiry, would require notice to other parties, and would establish procedures for the consideration of the motion

This bill would also allow jurors to refuse to consent to contact and inquiry and would provide remedies for violations

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to jurors; to prohibit an attorney or party in a criminal proceeding, or anyone acting for him or her or on his or her behalf, from disclosing any identifying or personal information obtained from the juror during the jury voir dire process; to prohibit an attorney or party in a criminal case from contacting a juror in a case in which a final verdict was reached under certain conditions; to establish procedures for filing a motion under seal to make contact with a juror; to require notice to all parties; to establish procedures for consideration of the motion; to provide for the rights of jurors; to provide penalties for violations; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.