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 amend Section 2031.010 of add Section 242 to the Code of Civil Procedure, relating to civil discovery. courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2985, as amended, Hart. Civil discovery: inspection demands. 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 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. 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.

Existing law authorizes a party to a civil action to obtain discovery by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action, as specified.

This bill would make a technical, nonsubstantive change to this provision.

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

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 awareness regarding vicarious trauma that may occur as a result of participation in the trial and the symptoms and methods for stress relief.
(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.
(c) 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) 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, coping mechanisms, and how to seek help for trauma if needed.
(e) For the purposes of this section, “violent felony” has the same definition as in subdivision (c) of Section 667.5 of the Penal Code.

SECTION 1.Section 2031.010 of the Code of Civil Procedure is amended to read:
2031.010.

(a)A party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.

(b)A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made.

(c)A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made.

(d)A party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.

(e)A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made.