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2006 SESSION

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061356390
HOUSE BILL NO. 1461 Offered January 19, 2006 A BILL to amend and reenact § 19.2-262 of the Code of Virginia, relating to criminal juror restrictions. ---------- Patron-- Marsden ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-262 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel.

A. In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court. In appeals from juvenile and domestic relations district courts, the infant, through his guardian ad litem or counsel, may waive a jury.

B. Twelve persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case.

C. The parties or their counsel, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury.

D. In any case in which persons indicted for felony are tried jointly, if counsel or the accused are unable to agree on the full number to be stricken, or, if for any other reason counsel or the accused fail or refuse to strike off the full number of jurors allowed such party, the clerk shall place in a box ballots bearing the names of the jurors whose names have not been stricken and shall cause to be drawn from the box such number of ballots as may be necessary to complete the number of strikes allowed the party or parties failing or refusing to strike. Thereafter, if the opposing side is entitled to further strikes, they shall be made in the usual manner.

E. Any person who is related by blood or marriage to any of the following persons shall not be qualified to serve as a juror in a criminal case:

1.The accused;

2. Any victim of the accused;

3. The attorney for the Commonwealth of the jurisdiction where the case is proceeding; or

4. An officer or employee of any court of the jurisdiction where the case is proceeding.