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Minnesota Session Laws - 1988, Regular Session

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 716-S.F.No. 2321 
           An act proposing an amendment to the Minnesota 
          Constitution, article I, sections 4 and 6; providing 
          for six-member juries in civil and nonfelony cases. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
    Subdivision 1.  An amendment to the Minnesota Constitution, 
as provided by subdivisions 2 and 3, is proposed to the people.  
    Subd. 2.  If the amendment is adopted, article I, section 
4, will read as follows: 
    Sec. 4.  The right of trial by jury shall remain inviolate, 
and shall extend to all cases at law without regard to the 
amount in controversy.  A jury trial may be waived by the 
parties in all cases in the manner prescribed by law.  The 
legislature may provide that the agreement of five-sixths of a 
jury in a civil action or proceeding, after not less than six 
hours' deliberation, is a sufficient verdict.  The legislature 
may provide for the number of jurors in a civil action or 
proceeding, provided that a jury have at least six members. 
    Subd. 3.  If the amendment is adopted, article I, section 
6, will read as follows: 
    Sec. 6.  In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial by an impartial 
jury of the county or district wherein the crime shall have been 
committed, which county or district shall have been previously 
ascertained by law.  In all prosecutions of crimes defined by 
law as felonies, the accused has the right to a jury of 12 
members.  In all other criminal prosecutions, the legislature 
may provide for the number of jurors, provided that a jury have 
at least six members.  The accused shall enjoy the right to be 
informed of the nature and cause of the accusation, to be 
confronted with the witnesses against him, to have compulsory 
process for obtaining witnesses in his favor and to have the 
assistance of counsel in his defense. 
    Sec. 2.  [SUBMISSION TO VOTERS.] 
    The proposed amendment must be submitted to the people at 
the 1988 general election.  The question submitted shall be: 
    "Shall the Minnesota Constitution be amended to allow the 
use of juries of less than 12 members in civil and nonfelony 
cases? 
                                   Yes .......
                                   No ........"
    Election procedures shall be as provided by law. 
    Approved May 4, 1988

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