A Bill for an Act
Page 1, Line 101Concerning an opt-out from jury service for certain people.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill allows a person who is 70 years of age or older to choose to temporarily or permanently opt out of jury service.
The bill allows a person who is out of the state because they are actively enrolled full-time at an out-of-state institution of higher education or because they are working for an extended period of time out of the state to choose to temporarily opt out of jury service.
The judge or jury commissioner may require documentation in support of the opt-out of jury service.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-71-119.5, add
Page 2, Line 3(2.7) and (2.8) as follows:
Page 2, Line 413-71-119.5. Persons entitled to be excused from or to opt out
Page 2, Line 5of jury service - temporary or permanent. (2.7) (a) (I) A judge or
Page 2, Line 6jury commissioner of the court to which a person is summoned
Page 2, Line 7for jury service shall allow a person who is seventy years of
Page 2, Line 8age or older, as of the beginning date of jury service stated on
Page 2, Line 9the juror summons, to temporarily opt out of jury service if the
Page 2, Line 10person requests to temporarily opt out of jury service.
Page 2, Line 11(II) A person who temporarily opts out pursuant to this
Page 2, Line 12subsection (2.7)(a) is eligible for juror qualification when the
Page 2, Line 13temporary opt-out expires, as determined by the court.
Page 2, Line 14(b) Notwithstanding subsection (2.7)(a) of this section, a
Page 2, Line 15judge or jury commissioner of the court to which a person is
Page 2, Line 16summoned for jury service shall allow a person who is seventy
Page 2, Line 17years of age or older, as of the beginning date of jury service
Page 2, Line 18stated on the juror summons, to permanently opt out of jury
Page 2, Line 19service if the person requests to permanently opt out of jury
Page 2, Line 20service.
Page 2, Line 21(c) The judge or jury commissioner of the court to which
Page 2, Line 22a person is summoned for jury service may require the person
Page 2, Line 23who requests either a temporary or permanent opt-out from
Page 2, Line 24jury service pursuant to this subsection (2.7) to provide a
Page 2, Line 25document demonstrating eligibility for the opt-out from jury
Page 2, Line 26service pursuant to this subsection (2.7). A document provided
Page 3, Line 1pursuant to this subsection (2.7) is not a public record and must
Page 3, Line 2not be disclosed to the public.
Page 3, Line 3(d) A person who requests a temporary or permanent opt-
Page 3, Line 4out from jury service pursuant to this subsection (2.7) shall
Page 3, Line 5take all actions necessary to obtain a determination regarding
Page 3, Line 6the request before the date on which the person is scheduled to
Page 3, Line 7appear for jury service.
Page 3, Line 8(2.8) (a) A judge or jury commissioner of the court to
Page 3, Line 9which a person is summoned for jury service shall allow a
Page 3, Line 10person who is out of the state for the purpose of enrollment at
Page 3, Line 11an out-of-state institution of higher education to temporarily
Page 3, Line 12opt out of jury service if the person requests to temporarily opt
Page 3, Line 13out of jury service. The temporary opt-out described in this
Page 3, Line 14subsection (2.8)(a) applies only if the beginning date of jury
Page 3, Line 15service stated on the juror summons occurs while the person is
Page 3, Line 16actively enrolled in at least twelve credit hours at the
Page 3, Line 17out-of-state institution of higher education.
Page 3, Line 18(b) A judge or jury commissioner of the court to which a
Page 3, Line 19person is summoned for jury service shall allow a person who is
Page 3, Line 20out of the state for an extended period of time for the purpose
Page 3, Line 21of employment to temporarily opt out of jury service if the
Page 3, Line 22person requests to temporarily opt out of jury service. The
Page 3, Line 23temporary opt-out described in this subsection (2.8)(b) applies
Page 3, Line 24only if the beginning date of jury service stated on the juror
Page 3, Line 25summons occurs while the person is out of the state for an
Page 3, Line 26extended period of time for the purpose of employment.
Page 3, Line 27(c) A person who temporarily opts out pursuant to
Page 4, Line 1subsection (2.8)(a) or (2.8)(b) of this section is eligible for juror
Page 4, Line 2qualification when the temporary opt-out expires, as determined
Page 4, Line 3by the court. The judge or jury commissioner of the court to
Page 4, Line 4which a person is summoned for jury service may require the
Page 4, Line 5person who requests a temporary opt-out from jury service
Page 4, Line 6pursuant to this subsection (2.8) to provide a document
Page 4, Line 7demonstrating eligibility for the opt-out from jury service
Page 4, Line 8pursuant to this subsection (2.8). A document provided pursuant
Page 4, Line 9to this subsection (2.8) is not a public record and must not be
Page 4, Line 10disclosed to the public.
Page 4, Line 11(d) A person who requests a temporary opt- out from jury
Page 4, Line 12service pursuant to subsection (2.8)(a) or (2.8)(b) of this section
Page 4, Line 13shall take all actions necessary to obtain a determination
Page 4, Line 14regarding the request before the date on which the person is
Page 4, Line 15scheduled to appear for jury service.
Page 4, Line 16SECTION 2. In Colorado Revised Statutes, amend 13-71-116 as
Page 4, Line 17follows:
Page 4, Line 1813-71-116. Trial juror's right to one postponement. (1) A trial
Page 4, Line 19juror
shall have has the right to one postponement of the term of jurorPage 4, Line 20service. The postponement must not last more than six months, but may
Page 4, Line 21extend into the next calendar year.
except that, if a trial juror is aPage 4, Line 22
Colorado resident and a student enrolled in an institution of higherPage 4, Line 23
education outside the state of Colorado and attends classes at thePage 4, Line 24
institution in person, the postponement must not last more than twelvePage 4, Line 25
months but may extend into the next calendar year. To exercise this right,Page 4, Line 26the juror shall notify the jury commissioner by telephone or in writing
Page 4, Line 27requesting an alternate date to which juror service may be postponed. A
Page 5, Line 1jury commissioner, in the jury commissioner's discretion, may set the date
Page 5, Line 2to which the juror's service is postponed. A jury commissioner shall notify
Page 5, Line 3the juror by telephone or in writing of the new date.
Page 5, Line 4(2)
As used in this section, "institution of higher education" meansPage 5, Line 5
any out-of-state postsecondary public or private educational institutionPage 5, Line 6
that provides not less than a one-year program of training to preparePage 5, Line 7
students for gainful employment.Page 5, Line 8SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 9takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 10ninety-day period after final adjournment of the general assembly; except
Page 5, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 12of the state constitution against this act or an item, section, or part of this
Page 5, Line 13act within such period, then the act, item, section, or part will not take
Page 5, Line 14effect unless approved by the people at the general election to be held in
Page 5, Line 15November 2026 and, in such case, will take effect on the date of the
Page 5, Line 16official declaration of the vote thereon by the governor.