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S. B. No. 2135 *SS26/R462PS* ~ OFFICIAL ~ G1/2
26/SS26/R462PS
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane
SENATE BILL NO. 2135
(As Passed the Senate)
AN ACT TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972, TO 1
CLARIFY THAT A QUALIFIED ELECTOR MUST BE DESIGNATED AS AN ACTIVE 2
VOTER IN THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM TO BE A 3
COMPETENT JUROR; TO DELETE THE COMPETENCY REQUIREMENT THAT A JUROR 4
IS NOT A COMMON GAMBLER OR HABITUAL DRUNKARD; TO PROVIDE THAT A 5
COMPETENT JUROR IS A JUROR WHO DOES NOT HAVE A SUBSTANCE USE 6
DISORDER; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 13-5-1, Mississippi Code of 1972, is 9
amended as follows: 10
13-5-1. Every citizen not under the age of twenty-one (21) 11
years, who is either a qualified elector designated as an active 12
voter in the Statewide Election Management System, or a resident 13
freeholder of the county for more than one (1) year, is able to 14
read and write, and has not been convicted of an infamous crime, 15
or the unlawful sale of intoxicating liquors within a period of 16
five (5) years and who * * * does not have a substance use 17
disorder, is a competent juror. No person who is or has been 18
within twelve (12) months the overseer of a public road or road 19
contractor shall, however, be competent to serve as a grand juror. 20
S. B. No. 2135 *SS26/R462PS* ~ OFFICIAL ~
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The lack of any such qualifications on the part of one or more 21
jurors shall not, however, vitiate an indictment or verdict. 22
Moreover, no talesman or tales juror shall be qualified who has 23
served as such talesman or tales juror in the last preceding two 24
(2) years, and no juror shall serve on any jury who has served as 25
such for the last preceding two (2) years. No juror shall serve 26
who has a case of his own pending in that court, provided there 27
are sufficient qualified jurors in the district, and for trial at 28
that term. 29
In order to determine that prospective jurors can read and 30
write, the presiding judge shall, with the assistance of the 31
clerk, distribute to the jury panel a form to be completed 32
personally by each juror prior to being empaneled as follows: 33
"1. Your name ________ last ________ first ________ middle 34
initial. 35
2. Your home address ________ . 36
3. Your occupation ________ . 37
4. Your age ________ . 38
5. Your telephone number ________ . If none, write none. 39
6. If you live outside the county seat, the number of miles 40
you live from the courthouse ________ miles. 41
______________________ 42
Sign your name" 43
S. B. No. 2135 *SS26/R462PS* ~ OFFICIAL ~
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ST: Juror qualifications; clarify qualified
electors must be active voters to be competent
jurors.
The judge shall personally examine the answers of each juror 44
prior to empaneling the jury and each juror who cannot complete 45
the above form shall be disqualified as a juror and discharged. 46
A list of any jurors disqualified for jury duty by reason of 47
inability to complete the form shall be kept by the circuit clerk 48
and their names shall not be placed in the jury box thereafter 49
until such person can qualify as above provided. 50
SECTION 2. This act shall take effect and be in force from 51
and after its passage. 52