Senate Engrossed House Bill

 

civil juries; size; concurrence

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HOUSE BILL 2185

 

 

 

AN ACT

 

amending section 21-102, Arizona Revised Statutes; relating to juries.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 21-102, Arizona Revised Statutes, is amended to read:

START_STATUTE21-102. Juries; size; degree of unanimity required; waiver

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.

B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.

C. Until January 1, 2023, the presiding judge of the superior court in the county may order that a jury for trial in any court of record of a civil case shall consist of eight either six persons, and the concurrence of all but two one shall be necessary to render a verdict or eight persons, and the concurrence of all but two shall be necessary to render a verdict. Beginning on January 1, 2023, a jury for trial in any court of record of a civil case shall consist of eight persons, and the concurrence of all but two shall be necessary to render a verdict.

D. In a court not of record, a jury for trial of any case shall consist of six persons. The concurrence of all in a criminal case and all but one in a civil case shall be necessary to render a verdict.

E. The parties in a civil case, and the parties with the consent of the court in a criminal case, may waive trial by jury, or at any time before a verdict is returned consent to try the case with or receive a verdict concurred in by a lesser number of jurors than that specified above. END_STATUTE

Sec. 2. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.