Bill Text: CA AB1899 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Courts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 812, Statutes of 2024. [AB1899 Detail]

Download: California-2023-AB1899-Amended.html

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Amended  IN  Senate  June 18, 2024

Amended  IN  Assembly  April 01, 2024

Amended  IN  Assembly  February 26, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1899

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Introduced by Assembly Member Cervantes
(Coauthor: Senator Roth)

January 23, 2024

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An act to amend Sections 3512, 3513, 3515, 3517, 3518, 3519, 3521, 3526, 3529, and 3543 of the Civil Code, and to amend amend, repeal, and add Section 205 of the Code of Civil Procedure, relating to courts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1899, as amended, Cervantes. Courts.

(1) Existing law includes maxims of jurisprudence in civil law.

This bill would make nonsubstantive changes to some of these provisions.

(2) Existing law requires that, if a jury commissioner requires a person to complete a questionnaire, the questionnaire must ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. Existing law authorizes a court or trial judge to require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, or as proposed by counsel in a particular care to assist the voir dire process.

This bill would require require, after January 1, 2026, that, if a jury commissioner requires a person to complete a questionnaire, the questionnaire must ask certain questions regarding their identity, including their pronouns. The bill would prohibit the questionnaire from requiring a prospective juror from providing pronouns, and would require the questionnaire to leave the answer field bank so the prospective juror may provide the information they choose about their pronouns if they choose to answer. The bill would prohibit the questionnaire from providing prospective jurors with the option to select gendered salutations or titles. The bill would require the Judicial Council to create a template questionnaire to be published on its internet website for use in qualifying prospective jurors and management of the jury system that is inclusive of these requirements. The bill would require that, if the court or trial judge requires a prospective juror to complete additional questionnaires for purposes of the voir dire process, the questionnaire must comply with the above provisions and, if questions regarding family or personal relationships, as specified, are asked, require all questions to be phrased in a gender-neutral manner.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3512 of the Civil Code is amended to read:

3512.

 One shall not change their purpose to the injury of another.

SEC. 2.

 Section 3513 of the Civil Code is amended to read:

3513.

 Any one may waive the advantage of a law intended solely for their benefit. But a law established for a public reason cannot be contravened by a private agreement.

SEC. 3.

 Section 3515 of the Civil Code is amended to read:

3515.

 A person who consents to an act is not wronged by it.

SEC. 4.

 Section 3517 of the Civil Code is amended to read:

3517.

 No one can take advantage of their own wrong.

SEC. 5.

 Section 3518 of the Civil Code is amended to read:

3518.

 A person who has fraudulently dispossessed themselves of a thing may be treated as if they still had possession.

SEC. 6.

 Section 3519 of the Civil Code is amended to read:

3519.

 A person who can and does not forbid that which is done on their behalf, is deemed to have bidden it.

SEC. 7.

 Section 3521 of the Civil Code is amended to read:

3521.

 A person who takes the benefit must bear the burden.

SEC. 8.

 Section 3526 of the Civil Code is amended to read:

3526.

 No person is responsible for that which no person can control.

SEC. 9.

 Section 3529 of the Civil Code is amended to read:

3529.

 That which ought to have been done is to be regarded as done, in favor of a person to whom, and against a person from whom, performance is due.

SEC. 10.

 Section 3543 of the Civil Code is amended to read:

3543.

 Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.

SEC. 11.Section 205 of the Code of Civil Procedure is amended to read:

205.

(a)(1)If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. Related to a juror’s identification, the questionnaire shall ask the prospective juror for the following:

(A)Their pronouns.

(B)The manner in which the prospective juror would prefer that court personnel address them. The questionnaire shall provide prospective jurors with only the following options to choose how they would like to be addressed during court proceedings:

(i)Juror number only.

(ii)Last name only.

(iii)Preferred first name, followed by last name, with a blank answer field so the prospective juror may provide the information they choose about their preferred first name, followed by last name.

(2)The questionnaire shall not provide prospective jurors with the option to select from a list of gendered salutations or titles.

(3)The questionnaire is not required to inquire about a prospective juror’s gender. If the questionnaire inquires about a prospective juror’s gender, the question shall be optional and the answer field left blank so that the prospective juror may provide the information they choose about their gender if they choose to answer the question.

(4)All inquiries on the questionnaire about the family or personal relationships of the prospective juror, including, but not limited to, a spouse, domestic partner, parent, or child, shall be phrased in a gender-neutral manner.

(5)The Judicial Council shall create a template questionnaire to be published on its internet website for use in qualifying prospective jurors and management of the jury system that is inclusive of the requirements of this subdivision.

(b)Except as ordered by the court, the questionnaire referred to in subdivision (a) shall be used solely for qualifying prospective jurors, and for management of the jury system, and not for assisting in the courtroom voir dire process of selecting trial jurors for specific cases.

(c)The court may require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, if such procedures are established by local court rule. If the court utilizes a questionnaire to assist in the voir dire process that asks for any identifying information about the prospective juror other than their full name, all inquiries on the questionnaire that ask for identifying information about the prospective juror shall comply with the requirements of subdivision (a).

(d)The trial judge may direct a prospective juror to complete additional questionnaires as proposed by counsel in a particular case to assist the voir dire process. All inquiries on additional questionnaires that ask for identifying information about the prospective juror other than their full name shall comply with the requirements of subdivision (c).

SEC. 11.

 Section 205 of the Code of Civil Procedure is amended to read:

205.

 (a) If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability to serve as a prospective juror.

(b) Except as ordered by the court, the questionnaire referred to in subdivision (a) shall be used solely for qualifying prospective jurors, and for management of the jury system, and not for assisting in the courtroom voir dire process of selecting trial jurors for specific cases.

(c) The court may require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, if such procedures are established by local court rule.

(d) The trial judge may direct a prospective juror to complete additional questionnaires as proposed by counsel in a particular case to assist the voir dire process.

(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 12.

 Section 205 is added to the Code of Civil Procedure, to read:

205.

 (a) (1) If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. Related to a juror’s identification, the questionnaire shall ask the prospective juror for the following:

(A) Their pronouns. It shall not be mandatory for any prospective juror to provide an answer to this question. The answer field shall be left blank so that the prospective juror may provide the information they choose about their pronouns if they choose to answer the question.

(B) The manner in which the prospective juror would prefer that court personnel address them. The questionnaire shall provide prospective jurors with only the following options to choose how they would like to be addressed during court proceedings:

(i) Juror number only.

(ii) Last name only.

(iii) Preferred first name, followed by last name, with a blank answer field so the prospective juror may provide the information they choose about their preferred first name, followed by last name.

(2) The questionnaire shall not provide prospective jurors with the option to select from a list of gendered salutations or titles.

(3) The questionnaire is not required to inquire about a prospective juror’s gender. If the questionnaire inquires about a prospective juror’s gender, the question shall be optional and the answer field left blank so that the prospective juror may provide the information they choose about their gender if they choose to answer the question.

(4) All inquiries on the questionnaire about the family or personal relationships of the prospective juror, including, but not limited to, a spouse, domestic partner, parent, or child, shall be phrased in a gender-neutral manner.

(5) The Judicial Council shall create a template questionnaire to be published on its internet website for use in qualifying prospective jurors and management of the jury system that is inclusive of the requirements of this subdivision.

(b) Except as ordered by the court, the questionnaire referred to in subdivision (a) shall be used solely for qualifying prospective jurors, and for management of the jury system, and not for assisting in the courtroom voir dire process of selecting trial jurors for specific cases.

(c) The court may require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, if such procedures are established by local court rule. If the court utilizes a questionnaire to assist in the voir dire process that asks for any identifying information about the prospective juror other than their full name, all inquiries on the questionnaire that ask for identifying information about the prospective juror shall comply with the requirements of subdivision (a).

(d) The trial judge may direct a prospective juror to complete additional questionnaires as proposed by counsel in a particular case to assist the voir dire process. All inquiries on additional questionnaires that ask for identifying information about the prospective juror other than their full name shall comply with the requirements of subdivision (c).

(e) This section shall become operative on January 1, 2026.