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SB-994 Juror selection: information sharing.(2019-2020)

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Date Published: 04/06/2020 09:00 PM
SB994:v98#DOCUMENT

Amended  IN  Senate  April 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 994


Introduced by Senators Bates and Moorlach
(Coauthors: Assembly Members Mathis and Voepel)

February 12, 2020


An act to amend Sections 196, 197, 198, and 205 of the Code of Civil Procedure, and to amend Section 2157.2 of, and to add Section 2157.3 to, the Elections Code, relating to jurors.


LEGISLATIVE COUNSEL'S DIGEST


SB 994, as amended, Bates. Juror selection: information sharing.
Existing law, the Trial Jury Selection and Management Act, requires that persons selected for jury service be selected at random and from sources inclusive of a representative cross section of the population of the area served by the court, including, but not limited to, the list of registered voters. Existing law provides that if a jury commissioner requires a prospective juror to complete a questionnaire the information provided in the questionnaire shall be used solely for qualifying prospective jurors and the management of the jury system. Existing law requires the Secretary of State and county elections officials to post on their internet websites specified information on permissible uses of personal information supplied by a voter when completing a voter registration affidavit.
This bill would require jury commissioners to share with the county elections official of the county information provided in prospective juror questionnaires for the purpose of the county elections official conducting voter roll maintenance activities, such as removing persons from the voter rolls who are deceased, admitted noncitizens, or otherwise ineligible to register to vote. The bill would require county elections officials to share with the jury commissioner of the county the current list of registered voters residing in the county for the jury commissioner’s use in creating source lists for prospective jurors. The bill would make conforming changes to the information on permissible uses of personal information obtained from voter registration required to be posted by the Secretary of State and county elections officials on their internet websites. By expanding the duties of jury commissioners and county elections officials, the bill would 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, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 196 of the Code of Civil Procedure is amended to read:

196.
 (a) The jury commissioner or the court shall inquire as to the qualifications of persons on the master list or source list who are or may be summoned for jury service. The commissioner or the court may require any person to answer, under oath, orally or in written form, writing, all questions as may be addressed to that person, regarding the person’s qualifications and ability to serve as a prospective trial juror. The commissioner and the commissioner’s assistants shall have power to may administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties.
(b) Response to the jury commissioner or the court concerning an inquiry or summons may be made by any person having knowledge that the prospective juror is unable to respond to the inquiry or summons.
(c) A person who fails to respond to a jury commissioner or court inquiry as instructed may be summoned to appear before the jury commissioner or the court to answer the inquiry or may be deemed to be qualified for jury service in the absence of a response to the inquiry. Any information thus acquired by the court or jury commissioner from that inquiry shall be noted in jury commissioner or court records.
(d) Except as provided in subdivisions (b) and (c) of Section 197, juror questionnaire information shall not be used for any purpose other than qualification for jury service.

SEC. 2.

 Section 197 of the Code of Civil Procedure is amended to read:

197.
 (a) A person selected for jury service shall be selected at random, from sources inclusive of a representative cross section of the population of the area served by the court. Sources may include, in addition to other lists, customer mailing lists, telephone directories, or utility company lists.
(b) The list of registered voters provided by the county elections official and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, are appropriate source lists for selection of jurors. These two source lists, if substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).
(c) (1) The Department of Motor Vehicles shall furnish the jury commissioner of each county with the current list of the names, addresses, and other identifying information of persons residing in the county who are 18 years of age or older and who are holders of a current driver’s license or identification card issued pursuant to Article 3 (commencing with Section 12800) of, or Article 5 (commencing with Section 13000) of, Chapter 1 of Division 6 of the Vehicle Code. The conditions under which these lists shall be compiled semiannually shall be determined by the director, consistent with any rules that may be adopted by the Judicial Council. This service shall be provided by the Department of Motor Vehicles pursuant to Section 1812 of the Vehicle Code. The jury commissioner shall not disclose the information furnished by the Department of Motor Vehicles pursuant to this section to any person, organization, or agency.
(2) (A) A county elections official shall furnish the jury commissioner of the county with the current list of registered voters residing in the county as contained in the county elections official’s roll of active voters. The jury commissioner may use that information only for the purpose of compiling source lists pursuant to Section 196.
(B) The jury commissioner shall, for the purpose of the county elections official conducting voter roll maintenance activities pursuant to Section 2157.3 of the Elections Code, furnish the county elections official of the county with information obtained from prospective jurors who indicate to the jury commissioner that they do not meet the qualification requirements for jury service specified in Section 203.

SEC. 3.

 Section 198 of the Code of Civil Procedure is amended to read:

198.
 (a) Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and continuing through selection of prospective jurors for voir dire.
(b) The jury commissioner shall, at least once in each 12-month period, randomly select names of prospective trial jurors from the source list or lists, to create a master list.
(c) Except as otherwise provided by this chapter, the jury commissioner shall use the master jury list, as provided by statute and state and local court rules, for the purpose of (1) mailing juror questionnaires and subsequent creation of a qualified juror list, and (2) summoning prospective jurors to respond or appear for qualification and service.

SEC. 4.

 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 or as provided in subdivision (c) of Section 197, 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 those 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.

SEC. 5.

 Section 2157.2 of the Elections Code is amended to read:

2157.2.
 In order that a voter be fully informed of the permissible uses of personal information supplied by the voter for the purpose of completing a voter registration affidavit, local elections officials shall post on their internet website relating to voter information, and the Secretary of State shall print in the state voter information guide and post on the Secretary of State’s internet website a statement identical or substantially similar to the following:

“Information on your voter registration affidavit will be used by elections officials to send you official information on the voting process, such as the location of your polling place and the issues and candidates that will appear on the ballot. Commercial use of voter registration information is prohibited by law and is a misdemeanor. Voter information may be provided to a candidate for office, a ballot measure committee, or other persons for election, scholarly, journalistic, political, or governmental purposes, and to jury commissioners as a source agency for potential juror qualification purposes, as determined by the Secretary of State. Driver’s license and social security numbers, or your signature as shown on your voter registration card, cannot be released for these purposes. If you have any questions about the use of voter information or wish to report suspected misuse of that information, please call the Secretary of State’s toll-free Voter Hotline at (800) 345-VOTE (8683).
“Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of State’s Safe at Home program or visit the Secretary of State’s internet website.”

SEC. 6.

 Section 2157.3 is added to the Elections Code, to read:

2157.3.
 A county elections official may use information received from the jury commissioner pursuant to Section 197 of the Code of Civil Procedure only for the purpose of conducting voter roll maintenance activities pursuant to Chapter 3 (commencing with Section 2220) of Division 2, including, but not limited to, removing persons from the roll of active voters who are deceased, admitted noncitizens, or otherwise ineligible to register to vote.

SEC. 7.

 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.