Bill Text: CA AB301 | 2013-2014 | Regular Session | Amended
Bill Title: Affidavits of registration: cancellation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-22 - From committee without further action pursuant to Joint Rule 62(a). [AB301 Detail]
Download: California-2013-AB301-Amended.html
BILL NUMBER: AB 301 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 11, 2013
INTRODUCED BY Assembly Member Wagner
FEBRUARY 12, 2013
An act to add Section 205.5 to the Code of Civil
Procedure, relating to juries. An act to amend Section
2212 of the Elections Code, relating to voter registration.
LEGISLATIVE COUNSEL'S DIGEST
AB 301, as amended, Wagner. Juries: prospective jurors:
false information Affidavits of registration:
cancellation .
Existing law requires the clerk of the superior court of each
county to furnish a statement to the chief elections official of the
county that includes the names, addresses, and dates of birth of all
persons who have been convicted of a felony since the clerk's last
statement. The elections official is required to cancel the
affidavits of registration of those persons who are currently
imprisoned or on parole for the conviction of a felony.
This bill, in addition, would require the clerk of the superior
court to include in these statements to the chief elections official
the name, address, and date of birth of each person who has, since
the clerk's last statement, declared in response to a jury summons
from the superior court that he or she is not qualified to serve as a
juror because he or she is not a citizen of the United States, and
would require the elections official to cancel the affidavit of
registration of each person so listed.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires the jury commissioner or the court to
inquire as to the qualifications of persons who are or may be
summoned for jury service. Existing law authorizes a jury
commissioner to require a person to complete a questionnaire to be
used solely for qualifying prospective jurors. Existing law only
allows the questionnaire to ask questions relative to juror
identification, qualification, and ability to serve as a prospective
juror. Under existing law, persons who are not citizens of the United
States are not eligible and qualified to be prospective jurors.
This bill would require the jury commissioner to compare the
questionnaires completed pursuant to the above provisions with the
list of registered voters to determine whether any person has falsely
indicated that he or she is not a citizen of the United States. The
bill would allow any person who falsely identifies himself or herself
on the questionnaire as not being a citizen of the United States to
be attached and compelled to appear before the court. Following an
order to show cause, this bill would allow the court to find the
prospective juror in contempt of court, punishable by a fine,
incarceration, or both, as provided. Because contempt of court is
punishable as a misdemeanor, this bill would create a new crime and
would thereby impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2212 of the
Elections Code is amended to read:
2212. (a) The clerk of the superior court
of each county, on the basis of the records of the court, shall
furnish to the chief elections official of the county, not less
frequently than the first day of April and the first day of September
of each year, a statement showing the names, addresses, and
dates that includes all of the following:
(1) The name, address, and
date of birth of all persons each
person who have has been
convicted of felonies a felony since
the clerk's last report statement .
The
(2) The name, address, and date of birth of each person who has,
since the clerk's last statement, declared in response to a jury
summons from the superior court that he or she is not qualified to
serve as a juror because he or she is not a citizen of the United
States.
(b) The elections official shall,
during the first week of April and the first week of September in
each year, cancel the affidavits affidavit
of registration of those persons each
person who are is currently
imprisoned or on parole for the conviction of a felony and each
person listed in a statement pursuant to paragraph (2) of subdivision
(a) . The
(c) The clerk shall certify the
statement pursuant to subdivision (a) under the seal of
the court.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 205.5 is added to the Code
of Civil Procedure, to read:
205.5. (a) The jury commissioner shall compare the questionnaires
completed pursuant to subdivision (a) of Section 205 for the purpose
of qualifying prospective jurors with the list of registered voters
to determine whether any person has falsely indicated he or she is
not a citizen of the United States.
(b) Any person who falsely identifies himself or herself on the
questionnaire as not being a citizen of the United States may be
attached and compelled to appear before the court. Following an order
to show cause hearing, the court may find the prospective juror in
contempt of court, punishable by a fine, incarceration, or both, as
otherwise provided by law.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
