Delaware General Assembly


CHAPTER 186

FORMERLY

HOUSE BILL NO. 251

AN ACT TO AMEND CHAPTER 45, TITLE 10 OF THE DELAWARE CODE AND CHAPTER 3, TITLE 20 OF THE DELAWARE CODE RELATING TO JURY SELECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 4502, Subchapter I, Chapter 45, Title 10 of the Delaware Code, by adding a new paragraph (8) which shall read as follows:

"(8) 'Publicly draw at random' shall include use of a randomly sequence list produced by computer."

Section 2. Amend Section 4504 (b) (I), Subchapter I, Chaper 45, Title 10 of the Delaware Code, by striking the period "." at the end of the first sentence and by substituting in lieu thereof the following:

", with such assistance by the prothonotary and the court administrators as the Superior Court shall direct."

Section 3. Amend Section 4504 (b) (2), Subchapter I, Chapter 45, Title 10 of the Delaware Code, by striking the word "shall" as it appears in the second sentence thereof and by substituting in lieu thereof the word "may" and by striking the words "where necessary" as they appear in the second sentence thereof.

Section 4. Amend Section 4504 (b) (6), Subchapter I, Chnpter 45, Title 10 of the Delaware Code, by striking the semi-colon ";" at the end of subparagraph (ii) and by substituting in lieu thereof the following:

or Delaware State Guard;"

Section 5. Amend Section 314, Chapter 3, Title 20 of the Delaware Code, by striking the words "from jury duty" as it appears in the title and text of said Section.

Section 6. Amend Section 4507 (a), Subchapter I, Chapter 45, Title 10 of the DeInwere Code, by inserting after the words "qualified Jury wheel" as they appear in the first sentence of that subsection the words "(or a device similar in purpose or function)".

Section 7. Amend Section 4507 (b), Subchapter I, Chapter 45, Title 10 of Delaware Code, by striking said subsection in its entirety and by substituting in lieu thereof the following:

"(b) When Jurors are needed, summonses shall he issued for the required number of persons. Summonses may be served personally, or by registered, certified or first class mail addressed to each such person at his usual residence or business address. Personal service shall be made by the sheriff. If service is by mail, the summons may be served by the jury commissioners who shall make proof of service by affidavit showing that service has been made and how made, and, if service is registered or certified mail, shall file with the affidavit the addressee's receipt. If service by mail is made by the sheriff, he shall state in his return that service has been made and how made, and, if service is by registered or certified mail, shall attach to his return the addressee's receipt. Summonses may be issued at the same time that qualification forms are mailed."

Section 8. Amend Section 4507 (d), Subchapter I, Chapter 45, Title 10 of the Delaware Code, by striking the words "excused, exempt or excluded from jury service." as they appear therein and by substituting in lieu thereof the following:

or exempt from Jury service, or is excused or excluded for the full term,"

Approved July 19, 1983.