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SB-511 Voter file maintenance: information from potential jurors.(2021-2022)

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Date Published: 02/17/2021 09:00 PM
SB511:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 511


Introduced by Senator Bates
(Coauthors: Senators Grove, Melendez, Nielsen, Ochoa Bogh, and Wilk)

February 17, 2021


An act to amend Section 205 of, and to add Section 203.5 to, the Code of Civil Procedure, and to add Section 2214 to the Elections Code, relating to voters.


LEGISLATIVE COUNSEL'S DIGEST


SB 511, as introduced, Bates. Voter file maintenance: information from potential jurors.
(1) Under existing law, the registration of a voter is permanent for all purposes during their life, unless and until the affidavit of registration is canceled for specified causes by the Secretary of State or the county elections official. Existing law requires the county elections official to cancel the registration of a voter for causes that include, among others, legally established mental incompetency. Under the Trial Jury Selection and Management Act, all persons are eligible and qualified to be prospective trial jurors, unless specified circumstances exist, that include, among others, the person is the subject of conservatorship. The act authorizes the jury commissioner to require a person to complete a questionnaire related to juror identification, qualification, and ability to serve as a prospective juror.
This bill would require the jury commissioner, every 6 months, to share with the county elections official for the same county the information that a potential juror provides about their qualification to be a juror and would further require a county elections official to use that information to cancel the registration of a person who is ineligible to vote. By expanding the duties of county elections officials, this bill would impose a state-mandated local program. The bill would require the information shared pursuant to these provisions to retain all confidentiality from public disclosure provided under any other law.
(2) 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 203.5 is added to the Code of Civil Procedure, to read:

203.5.
 (a) The jury commissioner shall share with the county elections official for the same county the information that a potential juror provides pursuant to Section 205 about their qualification to be a juror under Section 203 for the purpose set forth in Section 2214 of the Elections Code. Information shared pursuant to this section shall retain all confidentiality from public disclosure provided under any other law.
(b) The jury commissioner shall share the information as described in subdivision (a) in an electronic format once every six months.

SEC. 2.

 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, court or as may be shared pursuant to Section 203.5, 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 such 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. 3.

 Section 2214 is added to the Elections Code, to read:

2214.
 A county elections official shall use the information shared pursuant to Section 203.5 of the Code of Civil Procedure to perform the requirements set forth in Section 2201. Information used by the county elections official pursuant to this section shall retain all confidentiality from public disclosure provided under any other law.

SEC. 4.

 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.