Bill Text: CA AB1811 | 2023-2024 | Regular Session | Amended
Bill Title: Jury duty: eligibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB1811 Detail]
Download: California-2023-AB1811-Amended.html
|
Amended
IN
Assembly
April 10, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1811
| Introduced by Assembly Member Alvarez |
January 09, 2024 |
An act to amend Section 237 of, to amend, repeal, and add Section 203 of of, and to add Section 203.5 to, the Code of Civil Procedure, relating to jury duty.
LEGISLATIVE COUNSEL'S DIGEST
AB 1811, as amended, Alvarez.
Jury duty: eligibility.
Existing law makes all persons eligible and qualified to be prospective trial jurors, except persons who, among other things, are not citizens of the United States.
The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute. Existing law authorizes the Judicial Council to publish and distribute manuals, guides, checklists, and other materials designed to assist the judiciary.
This bill would instead
would, beginning January 1, 2026, and until January 1, 2031, make a person eligible and qualified to be a prospective juror if they are a lawful permanent resident. The bill would require the Judicial Council to develop a program by January 1, 2026, to allow lawful permanent residents to participate in jury duty and would require the program to include specific requirements, including a notice stating that lawful permanent residents are eligible, but not required, to participate in jury duty, and procedures for courts to limit the sharing and disclosure of program and participant information.
The bill would also make conforming changes.
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 203 of the Code of Civil Procedure is amended to read:203.
(a) All persons are eligible and qualified to be prospective trial jurors, except the following:(1) Persons who are not lawful permanent residents or citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not
residents of the jurisdiction wherein
they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its
application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.
Section 203 is added to the Code of Civil Procedure, to read:203.
(a) All persons are eligible and qualified to be prospective trial jurors, except the following:(1) Persons who are not lawful permanent residents or citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in
any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(d) Notwithstanding any other law, no government agency or department, law enforcement agency, commercial entity, or other person shall obtain, access, use, or otherwise disclose, noncriminal history information maintained for purposes of this section, for the purpose of immigration
enforcement, as defined in subdivision (f) of Section 7284.4 of the Government Code.
(e) This section shall become operative on January 1, 2026.
(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 3.
Section 203 is added to the Code of Civil Procedure, to read:203.
(a) All persons are eligible and qualified to be prospective trial jurors, except the following:(1) Persons who are not citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in
any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(d) This section shall become operative on January 1, 2031.
SEC. 4.
Section 203.5 is added to the Code of Civil Procedure, to read:203.5.
By January 1, 2026, the Judicial Council shall develop a program to allow lawful permanent residents to participate in jury duty. The program must include all of the following:(a) Notice and information regarding the program, including notice that new eligibility requirements will be expanded to include lawful permanent residents as of January 1, 2026.
(b) All notices and information shall state that lawful permanent residents are eligible, but not required, to participate in jury duty.
(c) An opportunity for eligible participants to affirmatively attest that they wish to participate in the program.
(d) Procedures for courts, consistent with the provisions of subdivision (d) of Section 203, as amended by Section 2 of Assembly Bill 1811 of the 2023–24 Regular Session, to limit the sharing and disclosure of information about the program and its participants maintained by the court.
SEC. 5.
Section 237 of the Code of Civil Procedure is amended to read:237.
(a) (1)(2) Upon the recording of a jury’s verdict in a
criminal jury proceeding, the court’s record of personal juror identifying information of trial jurors, as defined in Section 194, consisting of names, addresses, and telephone numbers, shall be sealed until further order of the court as provided by this section.
(3) For purposes of this section, “sealed” or “sealing” means extracting or otherwise removing the personal juror identifying information from the court record.
(4) This subdivision applies only to cases in which a jury verdict was returned on or after January 1, 1996.
(b) Any person may petition the court for access to these records. The petition shall be supported by a declaration that includes facts sufficient to establish good cause for the release of the juror’s personal identifying information. The court shall set the matter for hearing if the petition
and supporting declaration establish a prima facie showing of good cause for the release of the personal juror identifying information, but shall not set the matter for hearing if there is a showing on the record of facts that establish a compelling interest against disclosure. A compelling interest includes, but is not limited to, protecting jurors from threats or danger of physical harm. If the court does not set the matter for hearing, the court shall by minute order set forth the reasons and make express findings either of a lack of a prima facie showing of good cause or the presence of a compelling interest against disclosure.
(c) If a hearing is set pursuant to subdivision (b), the petitioner shall provide notice of the petition and the time and place of the hearing at least 20 days prior to the date of the hearing to the parties in the criminal action. The court shall provide notice to each affected former juror by personal service or by
first-class mail, addressed to the last known address of the former juror as shown in the records of the court. In a capital case, the petitioner shall also serve notice on the Attorney General. Any affected former juror may appear in person, in writing, by telephone, or by counsel to protest the granting of the petition. A former juror who wishes to appear at the hearing to oppose the unsealing of the personal juror identifying information may request the court to close the hearing in order to protect the former juror’s anonymity.
(d) After the hearing, the records shall be made available as requested in the petition, unless a former juror’s protest to the granting of the petition is sustained. The court shall sustain the protest of the former juror if, in the discretion of the court, the petitioner fails to show good cause, the record establishes the presence of a compelling interest against disclosure as defined in subdivision (b), or the
juror is unwilling to be contacted by the petitioner. The court shall set forth reasons and make express findings to support the granting or denying of the petition to disclose. The court may require the person to whom disclosure is made, or his or her their agent or employee, to agree not to divulge jurors’ identities or identifying information to others; the court may otherwise limit disclosure in any manner it deems appropriate.
(e) Any court employee who has legal access to personal juror identifying information sealed under subdivision (a), who discloses the information, knowing it to be a violation of this section or a court order issued under this section, is guilty of a misdemeanor.
(f) Any person who intentionally solicits another to unlawfully access or disclose personal juror identifying information contained in records sealed under subdivision (a), knowing that the records have been sealed, or who, knowing that the information was unlawfully secured, intentionally discloses it to another person is guilty of a misdemeanor.
