H-733                _______________________________________________

                                                    HOUSE BILL NO. 533

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Appelwick, Valle, Lux and Long

Read first time 2/6/85 and referred to Committee on Judiciary.

AN ACT Relating to jurors; and amending RCW 4.44.120 and 4.44.300.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 185, page 164, Laws of 1854 as last amended by section 3, chapter 57, Laws of 1972 ex. sess. and RCW 4.44.120 are each amended to read as follows:

          When the action is called for trial, the clerk shall prepare separate ballots, containing the names of the jurors summoned, who have appeared and not been excused, and deposit them in a box.  At the time a citizen receives a jury summons, that citizen shall also be advised in writing that:

(1) Facilities used by jurors will be free of smoke, including the jury assembly room, deliberation rooms, eating rooms, and bathrooms, with the following exceptions:

(a) A special place will be provided for smoking during scheduled breaks; and

(b) Breaks will be scheduled at least every two hours for ten minutes.

(2) Any smoker whose health may be affected by not smoking in between the scheduled breaks must submit a written, signed statement from his or her physician stating that this change in smoking habit must be made under medical supervision in order not to endanger the health of the smoker.

           ((He)) The clerk shall draw the required number of names for purposes of voir dire examination.  Any necessary additions to the panel shall be drawn from the clerk's list of qualified jurors.  The clerk shall thereupon prepare separate ballots and deposit them in the trial jury box, and draw such ballots separately therefrom, as in the case of the regular panel.  The jury shall consist of six persons, unless the parties in their written demand for jury demand that the jury be twelve in number or consent to a less number.  The parties may consent to a jury less than six in number but not less than three, and such consent shall be entered by the clerk on the minutes of the trial.

        Sec. 2.  Section 194, page 166, Laws of 1854 as last amended by section 229, Code of 1881 and RCW 4.44.300 are each amended to read as follows:

          After hearing the charge, the jury may either decide in the jury box or retire for deliberation.  If they retire, they must be kept together in a room provided for them, or some other convenient place under the charge of one or more officers, until they agree upon their verdict, or are discharged by the court.  The officer shall, to the best of his ability, keep the jury thus separate from other persons, without drink, except water, and without food, except (([as])) as ordered by the court.  No smoking shall be allowed in any facilities used by jurors except for a place away from nonsmoking jurors where smoking shall be allowed during scheduled breaks.  He must not suffer any communication to be made to them, nor make any himself, unless by order of the court, except to ask them if they have agreed upon their verdict, and he shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed on.