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AB-310 Trial Jury Selection and Management Act.(2019-2020)

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Date Published: 05/16/2019 09:00 PM
AB310:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 310


Introduced by Assembly Member Santiago

January 29, 2019


An act to amend Section 219 of, and to add Section 219.1 to, the Code of Civil Procedure, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 310, as amended, Santiago. Trial Jury Selection and Management Act.
Existing law generally requires the jury commissioner to randomly select jurors to participate in voir dire. Existing law prohibits the selection of designated peace officers for voir dire in either criminal or both criminal and civil matters, as specified.
This bill, until January 1, 2024, would additionally prohibit the selection of designated parole and correctional probation officers for voir dire in criminal matters. This bill would also require the Judicial Council to submit a report to the Legislature addressing the impact of exemptions from jury service, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 219 of the Code of Civil Procedure is amended to read:

219.
 (a) Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire.
(b) (1) Notwithstanding subdivision (a), a peace officer, as defined in Section 830.1, subdivision (a) of Section 830.2, or subdivision (a) of Section 830.33 of the Penal Code, shall not be selected for voir dire in civil or criminal matters.
(2) Notwithstanding subdivision (a), a peace officer, as defined in subdivisions subdivision (b) or (c) of Section 830.2 of the Penal Code, shall not be selected for voir dire in criminal matters.
(3) Notwithstanding subdivision (a), a peace officer, as defined described in subdivision (a) or (b) of Section 830.5 of the Penal Code, who is employed by a probation department shall not be selected for voir dire in criminal matters. This paragraph shall remain in effect until January 1, 2024, and as of that date is repealed.

SEC. 2.

 Section 219.1 is added to the Code of Civil Procedure, to read:

219.1.
 (a) On or before January 1, 2023, the Judicial Council shall submit a report to the Legislature that addresses the impact of categorical exemptions to jury service, including the exemptions provided in subdivision (b) of Section 219. The report shall specifically discuss how these exemptions impact all of the following:
(1) Court administration.
(2) Diversity, including the cultural and professional backgrounds of the jury pool.
(3) Overall access to justice, including delays in trial scheduling and dismissals of last-day criminal trials.
(b) The Judicial Council may utilize representative surveys to generate the data necessary to complete the report required by this section, which it shall submit to the Legislature in compliance with Section 9795 of the Government Code.