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SB-576 Jury commissioners: juror data collections and maintenance.(2017-2018)

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Date Published: 02/17/2017 02:00 PM
SB576:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 576


Introduced by Senator Wiener

February 17, 2017


An act to amend Section 207 of the Code of Civil Procedure, relating to jury commissioners.


LEGISLATIVE COUNSEL'S DIGEST


SB 576, as introduced, Wiener. Jury commissioners: juror data collections and maintenance.
The Trial Jury Selection and Management Act requires one jury commissioner to be appointed by, and serve at the pleasure of, a majority of the judges of the superior court in each county. Existing law requires the jury commissioner to maintain records regarding selection, qualification, and assignment of prospective jurors, and records that provide a clear audit trail regarding a juror’s attendance, jury fees, and mileage.
This bill would require a jury commissioner to collect and maintain certain demographic data for all prospective jurors who appear for jury service pursuant to a jury summons. The bill would also require a jury commissioner to collect and maintain the names of prospective jurors who fail to appear after being sent a jury summons and the action, if any, taken by the jury commissioner in response to a prospective juror’s failure to appear. The bill would require a litigant, upon request and in support of a motion to quash the venire on in discovery for such a motion, to be provided a copy of a list of all prospective jurors, including the identifying information of all prospective jurors who have previously served as trial jurors.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 207 of the Code of Civil Procedure is amended to read:

207.
 (a) The jury commissioner shall maintain records regarding selection, qualification, and assignment of prospective jurors.
(b) (1) The jury commissioner shall collect and maintain demographic data from all prospective jurors who appear for jury service pursuant to a jury summons. The demographic data collected and maintained shall include each juror’s race, gender, ethnicity, national origin, and ZIP code of residence. The demographic data shall be collected to determine if the pool of prospective jurors who appear for jury service pursuant to a jury summons accurately represents a cross section of the population of the area served by the court.
(2) The statistical demographic data collected from prospective jurors pursuant to paragraph (1), excluding the names or other personal identifying information of the prospective jurors, is publicly available upon request.
(c) The jury commissioner shall collect and maintain the names of prospective jurors who fail to appear after being sent a jury summons and the action, if any, taken by the jury commissioner in response to a prospective juror’s failure to appear. The name of a prospective juror who fails to appear after being sent a jury summons is only publicly available pursuant to a court order.
(d) A litigant, upon request and in support of a motion to quash the venire or in discovery for a motion to quash the venire, shall be provided a copy of a list of all prospective jurors. That list shall include the identifying information of all prospective jurors who have previously served as trial jurors.

(b)

(e) The jury commissioner shall maintain records providing a clear audit trail regarding a juror’s attendance, jury fees, and mileage.

(c)

(f) All records and papers maintained or compiled by the jury commissioner in connection with the selection or service of a juror may be kept on an electronic or microfilm medium and such records shall be preserved for at least three years after the list used in their selection is prepared, or for any longer period ordered by the court or the jury commissioner.