SB 800: Clarifying policy of state regarding jury service - West Virginia

sb800 h jud am _1 adopted.htm → Enrolled Committee Substitute · 6 edits · Apr 1, 2026

MODERATE

This bill updates West Virginia's jury selection laws to modernize procedures, clarify definitions, and ensure fair representation. It replaces outdated references with current code sections, mandates the use of electronic jury wheels, and establishes a two-year master list cycle. Crucially, it removes the lifetime ban on jury service for individuals whose criminal convictions have been expunged, set aside, or pardoned, allowing them to serve if otherwise qualified.

Scope change

The bill expands eligibility for jury service by removing disqualifications for those with expunged or pardoned convictions, while simultaneously tightening procedural requirements for list compilation and record preservation.

ELIGIBILITY

Removed the permanent disqualification of prospective jurors whose criminal convictions were expunged, set aside, or for whom an unconditional pardon was received.

DEFINITION

Updated references to outdated code sections (e.g., changing §52-1-21 to §52-1-17) to align with current legislation.

Added specific definitions for key terms such as 'Administrative director,' 'Master list,' 'County list,' and 'Jury wheel' to clarify procedures.

REQUIREMENT

Mandated the use of electronic jury wheels and specified minimum population thresholds for the number of names required in the wheel.

Established a two-year usage period for the master list of potential jurors to ensure data freshness.

SCOPE

Repealed the provision requiring that existing jury selection methods remain in effect until a new master list was prepared.

Introduced Version → Committee Substitute · 7 edits

MODERATE

This bill updates jury selection procedures to clarify administrative roles and modernize the process. Key changes include defining the 'Administrative Director' as the individual appointed by the Supreme Court of Appeals, requiring the use of electronic systems for jury wheels, and explicitly eliminating the use of physical jury boxes. The bill also clarifies how master lists are compiled and updates penalties for jury-related fraud.

Scope change

The bill's scope remains focused on jury selection procedures, but it clarifies the specific responsibilities of the Administrative Director and expands the requirement for electronic data processing in jury selection.

DEFINITION

Clarified the definition of 'Administrative Director' to specify they are appointed by the Supreme Court of Appeals under Section 3, Article VIII of the Constitution.

Adjusted the definition of 'Drivers' license lists' to clarify that the list includes persons who have applied for a license or renewal within the preceding two years.

REQUIREMENT

Mandated the use of electronic systems for compiling master lists and generating county lists, replacing manual or mixed methods.

Explicitly eliminated the use of physical 'jury boxes' as a method for selecting jurors.

Updated the definition of 'Jury wheel' to focus on electronic systems, while adding a new definition for 'Jury box' to clarify it refers to physical, non-electronic devices.

Revised the master list compilation process to explicitly require the Administrative Director to compile the list, removing the clerk's primary responsibility for this task.

ENFORCEMENT

Updated penalties for willful misrepresentation on juror qualification forms to specify imprisonment in 'jail' rather than 'imprisonment'.

Committee Substitute → sb800 h jud am _1 adopted.htm · 2 edits

MINOR

This document is a legislative amendment record showing changes to jury selection laws in West Virginia. The primary substantive change updates a specific statute reference from §52-1-21 to §52-1-17, likely correcting a citation error. Additionally, a new provision is added to ensure that individuals whose criminal convictions have been expunged, set aside, or pardoned are not disqualified from jury service, expanding eligibility for this group.

Scope change

The bill's scope of applicability is expanded to include individuals with expunged or pardoned convictions who were previously barred from jury service.

REQUIREMENT

Updated a legal citation within the jury selection process from section 52-1-21 to section 52-1-17 to correct a reference error.

ELIGIBILITY

Added a new rule stating that prospective jurors whose criminal convictions have been expunged, set aside, or pardoned are eligible to serve on a jury.

Clarifying policy of state regarding jury service

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