Today's Law As Amended


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AB-1811 Jury duty: eligibility.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 203 of the Code of Civil Procedure is amended to read:

203.
 (a) All persons are eligible and qualified to be prospective trial jurors, except the following:
(1) Persons who are not citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11)  Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

 Section 203 is added to the Code of Civil Procedure, to read:

203.
 (a) All persons are eligible and qualified to be prospective trial jurors, except the following:
(1) Persons who are not lawful permanent residents or citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(d) Notwithstanding any other law, no government agency or department, law enforcement agency, commercial entity, or other person shall obtain, access, use, or otherwise disclose, noncriminal history information maintained for purposes of this section, for the purpose of immigration enforcement, as defined in subdivision (f) of Section 7284.4 of the Government Code.
(e) This section shall become operative on January 1, 2026.
(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 3.

 Section 203 is added to the Code of Civil Procedure, to read:

203.
 (a) All persons are eligible and qualified to be prospective trial jurors, except the following:
(1) Persons who are not citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(d) This section shall become operative on January 1, 2031.

SEC. 4.

 Section 203.5 is added to the Code of Civil Procedure, to read:

203.5.
 By January 1, 2026, the Judicial Council shall develop a program to allow lawful permanent residents to participate in jury duty. The program must include all of the following:
(a) Notice and information regarding the program, including notice that new eligibility requirements will be expanded to include lawful permanent residents as of January 1, 2026.
(b) All notices and information shall state that lawful permanent residents are eligible, but not required, to participate in jury duty.
(c) An opportunity for eligible participants to affirmatively attest that they wish to participate in the program.
(d) Procedures for courts, consistent with the provisions of subdivision (d) of Section 203, as amended by Section 2 of Assembly Bill 1811 of the 2023–24 Regular Session, to limit the sharing and disclosure of information about the program and its participants maintained by the court.

SEC. 5.

 Section 237 of the Code of Civil Procedure is amended to read:

237.
 (a) (1) The  Notwithstanding subdivision (d) of Section 203, as amended by Section 2 of Assembly Bill 1811 of the 2023–24 Regular Session, the  names of qualified jurors drawn from the qualified juror list for the superior court shall be made available to the public upon request unless the court determines that a compelling interest, as defined in subdivision (b), requires that this information should be kept confidential or its use limited in whole or in part.
(2) Upon the recording of a jury’s verdict in a criminal jury proceeding, the court’s record of personal juror identifying information of trial jurors, as defined in Section 194, consisting of names, addresses, and telephone numbers, shall be sealed until further order of the court as provided by this section.
(3) For purposes of this section, “sealed” or “sealing” means extracting or otherwise removing the personal juror identifying information from the court record.
(4) This subdivision applies only to cases in which a jury verdict was returned on or after January 1, 1996.
(b) Any person may petition the court for access to these records. The petition shall be supported by a declaration that includes facts sufficient to establish good cause for the release of the juror’s personal identifying information. The court shall set the matter for hearing if the petition and supporting declaration establish a prima facie showing of good cause for the release of the personal juror identifying information, but shall not set the matter for hearing if there is a showing on the record of facts that establish a compelling interest against disclosure. A compelling interest includes, but is not limited to, protecting jurors from threats or danger of physical harm. If the court does not set the matter for hearing, the court shall by minute order set forth the reasons and make express findings either of a lack of a prima facie showing of good cause or the presence of a compelling interest against disclosure.
(c) If a hearing is set pursuant to subdivision (b), the petitioner shall provide notice of the petition and the time and place of the hearing at least 20 days prior to the date of the hearing to the parties in the criminal action. The court shall provide notice to each affected former juror by personal service or by first-class mail, addressed to the last known address of the former juror as shown in the records of the court. In a capital case, the petitioner shall also serve notice on the Attorney General. Any affected former juror may appear in person, in writing, by telephone, or by counsel to protest the granting of the petition. A former juror who wishes to appear at the hearing to oppose the unsealing of the personal juror identifying information may request the court to close the hearing in order to protect the former juror’s anonymity.
(d) After the hearing, the records shall be made available as requested in the petition, unless a former juror’s protest to the granting of the petition is sustained. The court shall sustain the protest of the former juror if, in the discretion of the court, the petitioner fails to show good cause, the record establishes the presence of a compelling interest against disclosure as defined in subdivision (b), or the juror is unwilling to be contacted by the petitioner. The court shall set forth reasons and make express findings to support the granting or denying of the petition to disclose. The court may require the person to whom disclosure is made, or his or her  their  agent or employee, to agree not to divulge jurors’ identities or identifying information to others; the court may otherwise limit disclosure in any manner it deems appropriate.
(e) Any court employee who has legal access to personal juror identifying information sealed under subdivision (a), who discloses the information, knowing it to be a violation of this section or a court order issued under this section, is guilty of a misdemeanor.
(f) Any person who intentionally solicits another to unlawfully access or disclose personal juror identifying information contained in records sealed under subdivision (a), knowing that the records have been sealed, or who, knowing that the information was unlawfully secured, intentionally discloses it to another person is guilty of a misdemeanor.