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AB-1899 Courts.(2023-2024)



Current Version: 09/28/24 - Chaptered

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AB1899:v93#DOCUMENT

Assembly Bill No. 1899
CHAPTER 812

An act to amend Sections 3512, 3513, 3515, 3517, 3518, 3519, 3521, 3526, 3529, and 3543 of the Civil Code, and to amend, repeal, and add Section 205 of the Code of Civil Procedure, relating to courts.

[ Approved by Governor  September 28, 2024. Filed with Secretary of State  September 28, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1899, Cervantes. Courts.
(1) Existing law includes maxims of jurisprudence in civil law.
This bill would make nonsubstantive changes to some of these provisions.
(2) Existing law requires that, if a jury commissioner requires a person to complete a questionnaire, the questionnaire must ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. Existing law authorizes a court or trial judge to 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, or as proposed by counsel in a particular care to assist the voir dire process.
This bill would require, after January 1, 2026, the Judicial Council to adopt a standard of judicial administration to ensure that juror identification and any juror questionnaire is inclusive, 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 3512 of the Civil Code is amended to read:

3512.
 One shall not change their purpose to the injury of another.

SEC. 2.

 Section 3513 of the Civil Code is amended to read:

3513.
 Any one may waive the advantage of a law intended solely for their benefit. But a law established for a public reason cannot be contravened by a private agreement.

SEC. 3.

 Section 3515 of the Civil Code is amended to read:

3515.
 A person who consents to an act is not wronged by it.

SEC. 4.

 Section 3517 of the Civil Code is amended to read:

3517.
 No one can take advantage of their own wrong.

SEC. 5.

 Section 3518 of the Civil Code is amended to read:

3518.
 A person who has fraudulently dispossessed themselves of a thing may be treated as if they still had possession.

SEC. 6.

 Section 3519 of the Civil Code is amended to read:

3519.
 A person who can and does not forbid that which is done on their behalf, is deemed to have bidden it.

SEC. 7.

 Section 3521 of the Civil Code is amended to read:

3521.
 A person who takes the benefit must bear the burden.

SEC. 8.

 Section 3526 of the Civil Code is amended to read:

3526.
 No person is responsible for that which no person can control.

SEC. 9.

 Section 3529 of the Civil Code is amended to read:

3529.
 That which ought to have been done is to be regarded as done, in favor of a person to whom, and against a person from whom, performance is due.

SEC. 10.

 Section 3543 of the Civil Code is amended to read:

3543.
 Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.

SEC. 11.

 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, 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.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 12.

 Section 205 is added to the Code of Civil Procedure, 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, 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.
(e) The Judicial Council shall adopt a standard of judicial administration to ensure that juror identification and any juror questionnaire is inclusive, including allowing a juror the ability to express their gender identity or gender expression, if applicable.
(f) This section shall become operative on January 1, 2026.