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69th Legislature 2025 SB 137
- 1 - Authorized Print Version – SB 137
ENROLLED BILL
AN ACT PROVIDING THAT PROSPECTIVE JURORS WHO ARE 75 YEARS OF AGE OR OLDER MUST BE
EXCUSED ON REQUEST; AMENDING SECTION 3-15-313, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-15-313, MCA, is amended to read:
"3-15-313. Who may be excused -- affidavit to claim excuse -- permanent exclusion for
chronically incapacitated. (1) The court or the jury commissioner with the approval of the court shall excuse a
person from jury service upon on finding that jury service would entail undue hardship for the person, a
dependent of the person, or the public served by the person. An excuse may be granted if the prospective juror
is a breastfeeding mother or otherwise has a personal obligation to provide actual and necessary care to
another, including a sick, aged, or special needs dependent who requires the prospective juror's personal care
and attention, and comparable substitute care is either unavailable or impractical without imposing an undue
economic hardship on the prospective juror or dependent person.
(2) If a person believes jury service would entail undue hardship for the person, a dependent of the
person, or the public served by the person, the person may make and transmit an affidavit to the jury
commissioner for which the person is summoned, stating the person's occupation or other facts that the person
believes will excuse the person from jury service. The affidavit must be filed with the jury commissioner, who
shall transmit it to the court. The court or the jury commissioner with the approval of the court shall excuse a
prospective juror from jury service if the prospective juror satisfies the provisions of subsection (1).
(3) A person who is chronically incapacitated by illness or injury may request a permanent
exclusion from jury service by making and transmitting an affidavit to the jury commissioner of the person's
place of residence. The affidavit must include a certification by the person's physician that the person is
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69th Legislature 2025 SB 137
- 2 - Authorized Print Version – SB 137
ENROLLED BILL
chronically incapacitated by illness or injury. The affidavit must be filed with the jury commissioner, who shall
transmit it to the court. The court or jury commissioner with the approval of the court may permanently excuse a
prospective juror from jury service if the prospective juror satisfies the provisions of this subsection (3).
(4) For the purposes of subsection (3), a person is chronically incapacitated if the person has a
condition due to an illness or injury that restricts the person's ability to leave the person's place of residence
without the aid of supportive devices, such as crutches, a cane, a wheelchair, or a walker, that restricts the
person's ability to leave home without the use of special transportation or the assistance of another person, or
that causes leaving home to be medically contraindicated. Examples of factors to be taken into account in
determining whether chronic incapacitation exists include but are not limited to the following:
(a) paralysis by a stroke or other cause;
(b) blindness;
(c) senility;
(d) loss of the use of a person's extremities requiring the assistance of another in leaving the
person's place of residence;
(e) arteriosclerotic heart disease of such severity that a person is required to avoid all stress and
physical activity; or
(f) a psychiatric problem if the illness is manifested in part by a refusal to leave home or is of such
a nature that it would not be considered safe for the person to leave home unattended, even if there are no
physical limitations.
(5) On the request of a person who is 75 years of age or older, the court or the jury commissioner
shall excuse the person from jury service."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
SB 137, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 137
INTRODUCED BY J. TREBAS
AN ACT PROVIDING THAT PROSPECTIVE JURORS WHO ARE 75 YEARS OF AGE OR OLDER MUST BE
EXCUSED ON REQUEST; AMENDING SECTION 3-15-313, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.