Today's Law As Amended


PDF |Add To My Favorites |Track Bill | print page

SB-271 Juries.(2021-2022)



As Amends the Law Today


SECTION 1.

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

197.
 (a) All persons selected for jury service shall be selected at random, from a source or 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) (1) The list of registered voters 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. Until January 1, 2022, only these two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).
(2) The list of resident state tax filers is an appropriate source list for selection of jurors. Beginning on January 1, 2022, the list of resident state tax filers, the list of registered voters, and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).
(c) 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 age 18 years 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 which 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.
(d) (1) The Franchise Tax Board shall annually furnish the jury commissioner of each county with a list of resident state tax filers for their county in consultation with the Judicial Council. The Franchise Tax Board shall furnish to each federal district court in California a list of resident state tax filers for the district upon request. 
(2) The list of resident state tax filers shall be submitted to the jury commissioner of each county by November 1, 2021, and each November 1 thereafter. and each federal district court in California that requests the list by November 1 of each year. 
(3) (A) For purposes of this section, “list of resident state tax filers” means a list that includes the name, date of birth, principal residence address, and county of principal residence, as reported by the taxpayer to the Franchise Tax Board,  of persons who are 18 years of age or older and have filed a California resident income tax return for the preceding taxable year.
(B) For purposes of this paragraph, “county of principal residence” means the county in which the taxpayer has their principal residence on the date that the taxpayer filed their California resident income tax return.
(C) For the purposes of this paragraph, “principal residence” is used in the same manner it is used in Section 121 of the Internal Revenue Code.

SEC. 2.

 Section 19548.6 is added to the Revenue and Taxation Code, to read:

19548.6.
 (a) The Franchise Tax Board shall, upon request, furnish each federal district court in California that has entered into a data protection agreement with a list of resident state tax filers, as defined in Section 197 of the Code of Civil Procedure, only for the purpose of expanding jury pools.
(b) (1) The Franchise Tax Board shall enter into a data protection agreement with each federal district court in California that elects to obtain a list of resident state tax filers, as defined in Section 197 of the Code of Civil Procedure, from the Franchise Tax Board.
(2) For purposes of this section, “data protection agreement” means a formal agreement for the Franchise Tax Board to furnish a list of resident state tax filers to a federal district court in California for the purpose of expanding jury pools and for the protection of the Franchise Tax Board’s data.
(c) The Franchise Tax Board may provide federal district courts in California with information only with respect to taxpayers in a county of principal residence, as defined in Section 197 of the Code of Civil Procedure, as reported by the taxpayer to the Franchise Tax Board, within the jurisdictional boundaries of the federal district court.
(d) A data protection agreement entered into pursuant to this section shall require that information provided to a federal district court in California shall not be furnished to, or used by, any person other than an employee or contractor of that federal district court designated to process or store the information and shall be utilized in a form and manner to safeguard the information as required by the Franchise Tax Board, including, but not limited to, the following provisions:
(1) The completion of a data exchange security questionnaire for the federal district court in California and any designated contractor provided by the Franchise Tax Board prior to approval of a data exchange by the Franchise Tax Board.
(2) Permission for the Franchise Tax Board to conduct an onsite data protection safeguard review of the federal district court, upon request.
(3) The completion of disclosure training provided by the Franchise Tax Board and a confidentiality statement signed by all employees or contractors with access to information provided by the Franchise Tax Board confirming the requirement of data security with respect to that information and acknowledging awareness of penalties for unauthorized access or disclosure under Sections 19542 and 19552 of this code and Section 502 of the Penal Code.
(4) The federal district court in California shall notify the Franchise Tax Board within 24 hours upon discovery of any incident of unauthorized or suspected unauthorized access or disclosure of the information and shall provide a detailed report of the incident and the parties involved.
(5) All records received by the federal district court in California shall be destroyed in a manner so as to make them unusable or unreadable so an individual record may no longer be ascertained in a timeframe specified by the Franchise Tax Board.
(e) The information provided to the federal district court in California by the Franchise Tax Board under this section is subject to Section 19542, and shall not be used for any purpose other than for expanding jury pools.
(f) Section 19542.1 applies to this section.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.