Bill Text: CA AB2985 | 2023-2024 | Regular Session | Amended
Bill Title: Courts: mental health advisement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-15 - Referred to Com. on PUB S. [AB2985 Detail]
Download: California-2023-AB2985-Amended.html
|
Amended
IN
Assembly
April 10, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2985
| Introduced by Assembly Member Hart |
February 16, 2024 |
An act to add Section 242 to the Code of Civil Procedure, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2985, as amended, Hart.
Courts: mental health advisement.
The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal case, to conduct an initial examination of prospective jurors.
This bill would require the court after the receipt of a verdict verdict, or after the conclusion of a trial where a jury did not render a verdict, and before discharge of the jury, in a criminal action or proceeding alleging a violent felony, as defined, to provide written information to the trial jurors and discharged
alternate jurors about mental health awareness regarding vicarious trauma that may occur as a result of participation in the trial and the symptoms and methods for stress relief. awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize a court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to provide the written educational information that a court is required to provide, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 242 is added to the Code of Civil Procedure, to read:242.
(a) Following the receipt of a verdict and prior to discharging the jury in a criminal action or proceeding alleging a violent felony, the court shall provide written information to the trial jurors about mental health(b) Following the receipt of a
verdict in a criminal action or proceeding alleging a violent felony, the court shall mail written information to the alternate jurors who have been discharged from their duty about mental health awareness regarding vicarious trauma that may occur as a result of participation in the trial and the symptoms and methods for stress relief. awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma.
(c) At the conclusion of a trial in which evidence was presented, but a verdict was not rendered by the jury, the court shall provide written information about mental health
awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma, before discharging the jury and alternate jurors. The information shall only be provided after the jurors and alternate jurors are no longer responsible for rendering a verdict in the trial.
(c)
(d) The court may share this information with jurors and alternate jurors following the conclusion of a criminal action or proceeding alleging an offense that is not a violent felony.
(d)
(e) The Judicial Council shall provide the written educational information that the court is required to provide pursuant to this section. The information shall include, but shall not be limited to, the signs and symptoms of distress, healthy coping mechanisms, and how to seek help for exposure to trauma if needed.
(e)
(f) For the purposes of this section, “violent felony” has the same definition as in subdivision (c) of Section 667.5 of the Penal Code.
