GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H 	2 

HOUSE BILL 879
Committee Substitute Favorable 5/1/89

Short Title:  Hearing/Sight Impaired Jurors.	(Public)
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Sponsors:
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Referred to:  
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March 27, 1989

A BILL TO BE ENTITLED
AN ACT TO ALLOW HEARING IMPAIRED PERSONS AND VISUALLLY IMPAIRED PERSONS TO SERVE ON JURIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 9-3 reads as rewritten:
"§ 9-3. Qualifications of prospective jurors.
All persons are qualified to serve as jurors and to be included on the jury list who are citizens of the State and residents of the county, who have not served as jurors during the preceding two years, who are 18 years of age or over, who are physically and mentally competent, who can hear and understand the English language, who have not been convicted of a felony or pleaded guilty or nolo contendere to an indictment charging a felony (or if convicted of a felony or having pleaded guilty or nolo contendere to an indictment charging a felony have had their citizenship restored pursuant to law), and who have not been adjudged non compos mentis. No person shall be disqualified from jury service solely because of a visual impairment in any degree. Persons not qualified under this section are subject to challenge for cause."
Sec. 2.  G.S. 9-15 is amended by adding a new subsection to read:
"( d)	A visual impairment may be grounds for challenge for cause if the court is satisfied that the challenged person is incapable of performing the duties of a juror in a particular action without prejudice to the substantial rights of the challenging party."
Sec. 3.  G.S. 9-3 as rewritten by Section 1 of this act reads as rewritten:
"§ 9-3. Qualifications of prospective jurors.
All persons are qualified to serve as jurors and to be included on the jury list who are citizens of the State and residents of the county, who have not served as jurors during the preceding two years, who are 18 years of age or over, who are physically and mentally competent, who can understand the English language, who have not been convicted of a felony or pleaded guilty or nolo contendere to an indictment charging a felony (or if convicted of a felony or having pleaded guilty or nolo contendere to an indictment charging a felony have had their citizenship restored pursuant to law), and who have not been adjudged non compos mentis. No person shall be disqualified from jury service solely because of a hearing or visual impairment in any degree. Persons not qualified under this section are subject to challenge for cause."
Sec. 4.  G.S. 9-15(d) as added by Section 2 of this act reads as rewritten:
"(d)	A hearing or visual impairment may be grounds for challenge for cause if the court is satisfied that the challenged person is incapable of performing the duties of a juror in a particular action without prejudice to the substantial rights of the challenging party."
Sec. 5.  G.S. 8B-2(a) reads as rewritten:
	"(a) When a deaf person is a party to, a witness in, or a juror in any civil or criminal proceedings in any superior or district court of the State, including juvenile proceedings, special proceedings, and proceedings before the magistrate, the court shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony, if any."
Sec. 6.  G.S. 8B-7 reads as rewritten:
"§ 8B-7. Oath.
Before acting, an interpreter shall take an oath or affirmation that he will make a true interpretation in an understandable manner of the proceedings to the person for whom he is appointed and that he will convey the statements of the person in the English language to the best of his skill and judgment and, if interpreting for a hearing impaired juror, that he will refrain from participating in any manner in the deliberations of the jury other than in his role as interpreter; and that he will refrain from having communications with anyone outside the jury concerning the matters before the jury."
Sec. 7.  Within 30 days after ratification of this act, the President of the Senate and the Speaker of the House of Representatives shall request the Supreme Court of North Carolina to issue an advisory opinion on the constitutionality of Sections 3 through 6 of this act.
Sec. 8.  Sections 1, 2, and 7 of this act are effective upon ratification.  Sections 3 through 6 of this act shall become effective 30 days from the date the Supreme Court of North Carolina renders an advisory opinion on the constitutionality of those sections unless that opinion states that those sections are unconstitutional in which event those sections shall not become effective.  If the Supreme Court declines to issue an advisory opinion on the constitutionality of Sections 3 through 6 of this act, then those sections shall become effective July 1, 1990.