Bill Text: CA SB319 | 2009-2010 | Regular Session | Chaptered
Bill Title: Jury service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 44, Statutes of 2009. [SB319 Detail]
Download: California-2009-SB319-Chaptered.html
BILL NUMBER: SB 319 CHAPTERED
BILL TEXT
CHAPTER 44
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE APRIL 27, 2009
PASSED THE ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Harman
FEBRUARY 25, 2009
An act to amend Section 209 of the Code of Civil Procedure,
relating to jury service.
LEGISLATIVE COUNSEL'S DIGEST
SB 319, Harman. Jury service.
Under existing law, a prospective trial juror who has been
summoned for jury service and fails to attend as directed or respond
to the court may be compelled to attend, as specified. In addition,
after an order to show cause hearing, the court may find the
prospective juror in contempt of court, which is punishable by fine,
incarceration, or both. Until January 1, 2010, existing law permits
the court, in lieu of imposing penalties for contempt, to impose
reasonable monetary sanctions of no more than $250 for a first
violation, $750 for a 2nd violation, and $1,500 for the 3rd and any
subsequent violation, upon a prospective juror who has failed to
respond and who has not been excused, after first providing the
prospective juror with notice and an opportunity to be heard, as
specified.
This bill would require the 2nd summons to be issued no earlier
than 90 days after the initial failure to appear. This bill would
also extend the above provisions indefinitely by deleting the January
1, 2010, termination date.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 209 of the Code of Civil Procedure, as amended
by Section 5 of Chapter 567 of the Statutes of 2006, is amended to
read:
209. (a) Any prospective trial juror who has been summoned for
service, and who fails to attend as directed or to respond to the
court or jury commissioner and to be excused from attendance, may be
attached and compelled to attend. Following an order to show cause
hearing, the court may find the prospective juror in contempt of
court, punishable by fine, incarceration, or both, as otherwise
provided by law.
(b) In lieu of imposing sanctions for contempt as set forth in
subdivision (a), the court may impose reasonable monetary sanctions,
as provided in this subdivision, on a prospective juror who has not
been excused pursuant to Section 204 after first providing the
prospective juror with notice and an opportunity to be heard. If a
juror fails to respond to the initial summons the court may issue a
second summons indicating that the person failed to appear in
response to a previous summons and ordering the person to appear for
jury duty. The second summons may be issued no earlier than 90 days
after the initial failure to appear. Upon the failure of the juror to
appear in response to the second summons, the court may issue a
failure to appear notice informing the person that failure to respond
may result in the imposition of money sanctions. If the prospective
juror does not attend the court within the time period as directed by
the failure to appear notice, the court shall issue an order to show
cause. Payment of monetary sanctions imposed pursuant to this
subdivision does not relieve the person of his or her obligation to
perform jury duty.
(c) (1) The court may give notice of its intent to impose
sanctions by either of the following means:
(A) Verbally to a prospective juror appearing in person in open
court.
(B) The issuance on its own motion of an order to show cause
requiring the prospective juror to demonstrate reasons for not
imposing sanctions. The court may serve the order to show cause by
certified or first-class mail.
(2) The monetary sanctions imposed pursuant to subdivision (b) may
not exceed two hundred fifty dollars ($250) for the first violation,
seven hundred fifty dollars ($750) for the second violation, and one
thousand five hundred dollars ($1,500) for the third and any
subsequent violation. Monetary sanctions may not be imposed on a
prospective juror more than once during a single juror pool cycle.
The prospective juror may be excused from paying sanctions pursuant
to subdivision (b) of Section 204 or in the interests of justice. The
full amount of any sanction paid shall be deposited in a bank
account established for this purpose by the Administrative Office of
the Courts and transmitted from that account monthly to the
Controller for deposit in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code. It is the intent of the
Legislature that the funds derived from the monetary sanctions
authorized in this section be allocated, to the extent feasible, to
the family courts and the civil courts. The Judicial Council shall,
by rule, provide for a procedure by which a prospective juror against
whom a sanction has been imposed by default may move to set aside
the default.
