Removing breastfeeding mothers from the mandatory jury service exclusion list and including them in the discretionary jury service exclusion list.

Session of 2026
SENATE BILL No. 345
By Committee on Judiciary
1-20
AN ACT concerning jurors; relating to exclusions from jury service;
removing breastfeeding mothers from the mandatory exclusion list and
including them on the discretionary exclusion list; amending K.S.A.
43-158 and 43-159 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 43-158 is hereby amended to read as follows: 43-
158. The following persons shall be excused from jury service:
(a) Persons unable to understand the English language with a degree
of proficiency sufficient to respond to a jury questionnaire form prepared
by the commissioner;
(b) persons under adjudication of incompetency;
(c) persons who within 10 years immediately preceding have been
convicted of or pleaded guilty, or nolo contendere, to an indictment or
information charging a felony; and
(d) persons who have served as jurors in the county within one year
immediately preceding; and
(e) a mother breastfeeding her child. Jury service shall be postponed
until such mother is no longer breastfeeding the child.
Sec. 2. K.S.A. 43-159 is hereby amended to read as follows: 43-159.
(a) In addition to the persons excused from jury service in K.S.A. 43-158,
and amendments thereto, the following persons may be excused from jury
service by the court:
(a)(1) Persons so physically or mentally infirm as to be unequal to the
task of ordinary jury duty;
(b)(2) persons whose presence elsewhere is required for the public
welfare, health or safety;
(c)(3) persons for whom jury service would cause extraordinary or
compelling personal hardship; and
(d)(4) persons whose personal relationship to the parties or whose
information or interest in the case to be tried is such that there is a
probability such persons would find it difficult to be impartial; and
(5) mothers breastfeeding a child if the mother requests deferral.
(b) The court or jury commissioner shall inquire if a mother who is
breastfeeding her child requests a deferral of jury service pursuant to
subsection (a)(5). If such mother requests a deferral, jury service shall be
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postponed for at least one year. If such mother breastfeeding her child
chooses to serve jury service, the court or jury commissioner shall make
reasonable accommodations for her during her service.
Sec. 3. K.S.A. 43-158 and 43-159 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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