Page:United States Statutes at Large Volume 92 Part 2.djvu/1173

 PUBLIC LAW 95-572—NOV. 2, 1978

92 STAT. 2453

Public Law 95-572 95th Congress An Act To amend the Jury Selection and Service Act of 1968, as amended, by revising the section on fees of jurors and by providing for a civil penalty and injunctive relief in the event of a discharge or threatened discharge of an employee by reason of such employee's Federal jury service. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Nov. 2, 1978 [S. 2075]

of the

SHORT TITLE

SECTION 1. This Act may be cited as the " J u r y System ImprovementsAct ofl9T8".

Jury System Improvements ^^'^ "^ ^^^^•

28 USC 1861 "»*«•

EXCUSE FROM J U R Y SERVICE

SEC. 2. (a) Section 1863(b) of title 28, United States Code, is amended— (1) by striking out paragraph (7); and !• £2) by redesignating paragraph s (8) and (9), and all references thereto, as paragraph s (7) and (8),respectively, (b) Section 1866(c) of title 28, United States Code, is amended by striking out " paragraph (5), (6), or (7) " and inserting in lieu thereof " paragraph (5) or (6) ". J U R Y SERVICE UPON RESTORATION OF CIVIL RIGHTS

SEC. 3. (a) Section 1865(b)(5) of title 28, United States Code, is amended by striking out "by pardon or amnesty". (b) Section 1869(h) of title 28, United States Code, is amended by striking out "by pardon or amnesty.". .:

DEFINITIONS

SEC. 4. Section 1869 of title 28, United States Code, is amended— (1) by striking out the period at the end of subsection (i) and inserting in lieu thereof a semicolon; and (2) by a d d i n g at the end thereof the following new subsections: " (j) 'undue h a r d s h i p or extreme inconvenience', as a basis for excuse from immediate j u r y service under section 1866(c)(1) of this chapter, shall mean great distance, either in miles or traveltime, from the place of holding court, grave illness in the family or any other emergency which outweighs in immediacy and urgency the obligation to serve as a j u r o r when summoned, or any other factor which the court determines to constitute an undue h a r d s h i p or to create an extreme inconvenience to the j u r o r; and in addition, in situations where it is anticipated that a t r i a l or g r and jury proceeding may require more than t h i r t y days of service, the court may consider, as a further basis for temporary excuse, severe economic hardship to an employer which M^ould result from the absence of a key employee during the period of - such service; " (k) 'publicly draw', as referred to in sections 1864 and 1866 of this chapter, shall mean a d r a w i n g which is conducted within

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