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AB-1981 Jury duty.(2021-2022)

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Date Published: 09/16/2022 02:00 PM
AB1981:v95#DOCUMENT

Assembly Bill No. 1981
CHAPTER 326

An act to amend Section 215 of, and to add and repeal Section 241 of, the Code of Civil Procedure, relating to jury duty.

[ Approved by Governor  September 15, 2022. Filed with Secretary of State  September 15, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1981, Lee. Jury duty.
Existing law establishes the Trial Court Trust Fund for the purpose of funding trial court operations. For purposes of those provisions, court operations are defined to include, among other things, juror expenses such as travel reimbursement. Existing law also specifies the travel reimbursement to be paid to jurors in civil and criminal cases at $0.34 per mile for each mile traveled in attending court after the first day, in going only.
This bill would require the mileage reimbursement provision described above to apply to travel both going and leaving court. The bill would require that all jurors and prospective jurors who have been summoned be provided access to existing public transit services at no cost, as specified. The bill would authorize courts to partner with public transit operators to provide this no-cost service or to determine an alternate method of reimbursement up to a daily maximum of $12. The bill would exempt from this requirement a court located where a public transit operator does not provide existing service that is reasonably available to the court facility. The bill would require a court to consider certain factors in determining whether transit service is reasonably available to the court facility. The bill would require a court, prior to determining that transit service is not reasonably available, to contact the public transit operator to inquire whether new transit options may be implemented near the court. The bill would require the Judicial Council to sponsor a pilot program for 2 fiscal years to study whether increases in juror compensation and mileage reimbursement rates increase juror diversity and participation. The bill would require the Judicial Council to provide a report to the Legislature describing the findings of the pilot program and providing information for promoting juror diversity.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature to improve the juror experience, promote juror diversity, and encourage participation in jury service by increasing the compensation and reimbursement that jurors receive for their service.

SEC. 2.

 Section 215 of the Code of Civil Procedure is amended to read:

215.
 (a) Except as provided in subdivision (b), on and after July 1, 2000, the fee for jurors in the superior court, in civil and criminal cases, is fifteen dollars ($15) a day for each day’s attendance as a juror after the first day.
(b) A juror who is employed by a federal, state, or local government entity, or by any other public entity as defined in Section 481.200, and who receives regular compensation and benefits while performing jury service, shall not be paid the fee described in subdivision (a).
(c) All jurors in the superior court, in civil and criminal cases, shall be reimbursed for mileage at the rate of thirty-four cents ($0.34) per mile for each mile actually traveled in attending and returning from court as a juror after the first day.
(d) All jurors and prospective jurors who have been summoned shall be provided with access to existing public transit services at no cost utilizing one of the following options:
(1) Courts may partner with public transit operators in their county to create new programs or continue existing public transit programs that provide no-cost service for jurors and prospective jurors who have been summoned.
(2) A method of reimbursement determined by the court up to a daily maximum of twelve dollars ($12).
(e) Subdivision (d) does not apply to a court in an area where a public transit operator does not provide existing service that is reasonably available to the court facility.
(f) In determining whether transit service is reasonably available to the court facility, the court shall consider factors that include, but are not limited to, all of the following:
(1) Proximity of transit service to the court location.
(2) Hours of operation of transit service in the vicinity of the court location.
(3) Frequency of operation of transit service in the vicinity of the court location.
(4) Availability of transit access to all areas of the court’s jurisdiction from which a potential juror may reside.
(g) Prior to determining that transit service is not reasonably available to the court facility, the court shall contact the public transit operator to inquire whether new transit options may be implemented near the court.

SEC. 3.

 Section 241 is added to the Code of Civil Procedure, to read:

241.
 (a) The Judicial Council shall sponsor a pilot program for two fiscal years to study whether increases in juror compensation and mileage reimbursement rates increase juror diversity and participation. The Judicial Council shall select at least six trial courts, in counties with regional and geographic diversity, including the County of Alameda, to participate in the pilot program.
(b) As part of the pilot program, the participating pilot courts shall collect demographic information, as reported by jurors.
(c) No later than September 1, 2026, the Judicial Council shall provide a report to the Legislature pursuant to Section 9795 of the Government Code describing the findings of the pilot program and providing information for promoting juror diversity.
(d) The Judicial Council may enlist the services of a consultant to conduct the study.
(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.