BILL NUMBER: AB 141	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        JANUARY 13, 2011

   An act to amend Sections 611, 613, and 1209 of the Code of Civil
Procedure, and to amend Sections 166, 1122, and 1128 of the Penal
Code, relating to jurors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 141, as introduced, Fuentes. Jurors: electronic communications.

   (1) Existing law requires the court in a jury trial to admonish
the jury that it is their duty not to converse with, or permit
themselves to be addressed by, any other person on any subject of the
trial. The court is required to provide the admonishment in a civil
proceeding when the jurors are permitted to separate during the
trial, and when the case is submitted to the jury, and, in a criminal
proceeding, after the jury has been sworn and before the people's
opening address, at each adjournment of the court, and when the
jurors are permitted by the court to separate after the case is
submitted to the jury. An officer having the jury under his or her
charge shall not permit any communication to be made to them, or make
any himself or herself, as specified.
   This bill would expand those admonishments to include the conduct
of research or dissemination of information on any subject of the
trial. The bill would require the court, when admonishing the jury
against conversation, research, or dissemination of information
pursuant to these provisions, to clearly explain, as part of the
admonishment, that the prohibition applies to all forms of electronic
and wireless communication. The bill would require the officer in
charge of a jury to prevent any form of electronic or wireless
communication.
   (2) Existing law provides that certain acts or omissions in
respect to a court of justice, or proceedings therein, are civil
contempts of the authority of the court, including, among other
things, disobedience of any lawful judgment, order, or process of the
court. Existing law also specifies certain criminal contempts of
court, punishable as a misdemeanor, including, among other things,
resistance willfully offered by a person to the lawful order or
process of a court.
   This bill would make the willful disobedience by a juror of a
court admonishment related to the prohibition on any form of
communication or research about the case, including all forms of
electronic or wireless communication or research, punishable as
either a civil or criminal contempt of court pursuant to those
provisions. By expanding the scope of an existing crime, the bill
would impose a state-mandated local program.
   (3) 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 611 of the Code of Civil Procedure is amended
to read:
   611.  If the jury are permitted to separate, either during the
trial or after the case is submitted to them, they shall be
admonished by the  Court   court  that it
is their duty not to  conduct research, disseminate information,
or  converse with, or  suffer   permit
 themselves to be addressed by  ,  any other person
 ,  on any subject of the trial, and that it is
their duty not to form or express an opinion thereon until the case
is finally submitted to them. The court shall clearly explain, as
part of the admonishment, that the prohibition on research,
dissemination of information, and conversation applies to all forms
of electronic and wireless communication. 
  SEC. 2.  Section 613 of the Code of Civil Procedure is amended to
read:
   613.  When the case is finally submitted to the jury, they may
decide in  Court   court  or retire for
deliberation  ; if   . If  they retire,
they must be kept together  ,  in some convenient
place, under charge of an officer, until at least three-fourths of
them agree upon a verdict or are discharged by the  Court
  court  . Unless by order of the  Court
  court  , the officer having them under his 
or her  charge  must   shall  not
 suffer   permit  any communication to be
made to them,  or make any himself,   including
any form of electronic or wireless communication, or make any himself
or her   self, except to ask them if they or
three-fourths of them are agreed upon a verdict , and he must
  . The officer shall  not, before their verdict
is rendered, communicate to any person the state of their
deliberations, or the verdict agreed upon.
  SEC. 3.  Section 1209 of the Code of Civil Procedure is amended to
read:
   1209.  (a) The following acts or omissions in respect to a court
of justice, or proceedings therein, are contempts of the authority of
the court: 
   1.  Disorderly, 
    (1)     Disorderly,  contemptuous, or
insolent behavior toward the judge while holding the court, tending
to interrupt the due course of a trial or other judicial proceeding
 ;   .  
   2.  A 
    (2)     A  breach of the peace,
boisterous conduct, or violent disturbance, tending to interrupt the
due course of a trial or other judicial proceeding  ;
  .  
   3.  Misbehavior 
    (3)     Misbehavior  in office, or
other willful neglect or violation of duty by an attorney, counsel,
clerk, sheriff, coroner, or other person, appointed or elected to
perform a judicial or ministerial service  ;   .
 
   4.  Abuse 
    (4)     Abuse  of the process or
proceedings of the court, or falsely pretending to act under
authority of an order or process of the court  ; 
 .  
   5.  Disobedience 
    (5)     Disobedience  of any lawful
judgment, order, or process of the court  ;   .
 
   (6) Willful disobedience by a juror of a court admonishment
related to the prohibition on any form of communication or research
about the case, including all forms of electronic or wireless
communication or research.  
   6.  Rescuing 
    (7)    Rescuing  any person or
property in the custody of an officer by virtue of an order or
process of  such   that  court  ;
  .  
   7.  Unlawfully 
    (8)     Unlawfully  detaining a
witness  ,  or party to an action while going to,
remaining at, or returning from the court where the action is on the
calendar for trial  ;   .  
   8.  Any 
    (9)     Any  other unlawful
interference with the process or proceedings of a court  ;
  .  
   9.  Disobedience 
    (10)    Disobedience  of a subpoena
duly served, or refusing to be sworn or answer as a witness 
;   .  
   10.  When 
    (11)     When  summoned as a juror in
a court, neglecting to attend or serve as  such 
 a juror  , or improperly conversing with a party to an
action  ,  to be tried at  such 
 the  court, or with any other person, in relation to the
merits of  such   the  action, or receiving
a communication from a party or other person in respect to 
it   the action  , without immediately disclosing
the  same   communication  to the court
 ;   .  
   11.  Disobedience 
    (12)     Disobedience  by an inferior
tribunal  , magistrate,  or  judicial 
officer  ,  of the lawful judgment, order, or
process of a superior court, or proceeding in an action or special
proceeding contrary to law, after  such   the
 action or special proceeding is removed from the jurisdiction
of  such   the  inferior tribunal 
, magistrate,  or  judicial  officer.
   (b)  No   A  speech or publication
reflecting upon or concerning  any   a 
court or  any   an  officer thereof shall
 not  be treated or punished as a contempt of  such
  the  court unless made in the immediate presence
of  such   the  court while in session and
in such a manner as to actually interfere with its proceedings.
   (c) Notwithstanding Section 1211 or any other  provision
of  law, if an order of contempt is made affecting an
attorney, his  or her  agent, investigator, or any person
acting under the attorney's direction, in the preparation and conduct
of  any   an  action or proceeding, the
execution of any sentence shall be stayed pending the filing within
three judicial days of a petition for extraordinary relief testing
the lawfulness of the court's order, the violation of which is the
basis of the contempt, except for  such  conduct
 as may be  proscribed by subdivision (b) of Section
6068 of the Business and Professions Code, relating to an attorney's
duty to maintain respect due to the courts and judicial officers.
   (d) Notwithstanding Section 1211 or any other  provision
of  law, if an order of contempt is made affecting a public
safety employee acting within the scope of employment for reason of
the employee's failure to comply with a duly issued subpoena or
subpoena duces tecum, the execution of any sentence shall be stayed
pending the filing within three judicial days of a petition for
extraordinary relief testing the lawfulness of the court's order, a
violation of which is the basis for the contempt.
   As used in this subdivision, "public safety employee" includes any
peace officer, firefighter, paramedic, or any other employee of a
public law enforcement agency whose duty is either to maintain
official records or to analyze or present evidence for investigative
or prosecutorial purposes.
  SEC. 4.  Section 166 of the Penal Code is amended to read:
   166.  (a) Except as provided in subdivisions (b), (c), and (d),
 every   a  person guilty of any 
contempt of court, of any  of the following  kinds,
  contempts of court  is guilty of a misdemeanor:
   (1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of  any   a  court of
justice, in the immediate view and presence of the court, and
directly tending to interrupt its proceedings or to impair the
respect due to its authority.
   (2) Behavior  as  specified in paragraph (1) 
that is  committed in the presence of  any 
 a  referee, while actually engaged in  any
  a  trial or hearing, pursuant to the order of
 any   a  court, or in the presence of any
jury while actually sitting for the trial of a cause, or upon
 any   an  inquest or other 
proceedings   proceeding  authorized by law.
   (3)  Any   A  breach of the peace,
noise, or other disturbance directly tending to interrupt the
proceedings of  any   the  court.
   (4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by 
any   a  court, including orders pending trial.
   (5) Resistance willfully offered by any person to the lawful order
or process of  any   a  court. 
   (6) Willful disobedience by a juror of a court admonishment
related to the prohibition on any form of communication or research
about the case, including all forms of electronic or wireless
communication or research.  
   (6) 
    (7)  The contumacious and unlawful refusal of 
any   a  person to be sworn as a witness or, when
so sworn, the like refusal to answer  any   a
 material question. 
   (7) 
    (8)  The publication of a false or grossly inaccurate
report of the proceedings of  any   a 
court. 
   (8) 
    (9)  Presenting to  any   a 
court having power to pass sentence upon  any  
a  prisoner under conviction, or to  any  
a  member of the court,  any   an 
affidavit  or   ,  testimony  , 
or representation of any kind, verbal or written, in aggravation or
mitigation of the punishment to be imposed upon the prisoner, except
as provided in this code. 
   (9) 
    (10)  Willful disobedience of the terms of  any
  an  injunction that restrains the activities of a
criminal street gang or any of its members, lawfully issued by
 any   a  court, including an order pending
trial.
   (b) (1)  Any   A  person who is guilty
of contempt of court under paragraph (4) of subdivision (a) by
willfully contacting a victim by telephone or mail, or directly, and
who has been previously convicted of a violation of Section 646.9
shall be punished by imprisonment in a county jail for not more than
one year, by a fine of five thousand dollars ($5,000), or by both
that fine and imprisonment.
   (2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
   (3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
   (c) (1) Notwithstanding paragraph (4) of subdivision (a), 
any   a  willful and knowing violation of 
any   a  protective order or stay-away court order
issued pursuant to Section 136.2, in a pending criminal proceeding
involving domestic violence, as defined in Section 13700, or issued
as a condition of probation after a conviction in a criminal
proceeding involving domestic violence, as defined in Section 13700,
or elder or dependent adult abuse, as defined in Section 368, or that
is an order described in paragraph (3), shall constitute contempt of
court, a misdemeanor, punishable by imprisonment in a county jail
for not more than one year, by a fine of not more than one thousand
dollars ($1,000), or by both that imprisonment and fine.
   (2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
   (3) Paragraphs (1) and (2) apply to the following court orders:
   (A)  Any   An  order issued pursuant to
Section 6320 or 6389 of the Family Code.
   (B) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
   (4) A second or subsequent conviction for a violation of 
any   an  order described in paragraph (1)
occurring within seven years of a prior conviction for a violation of
any of those orders and involving an act of violence or "a credible
threat" of violence, as provided in subdivisions (c) and (d) of
Section 139, is punishable by imprisonment in a county jail not to
exceed one year, or in the state prison for 16 months or two or three
years.
   (5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
   (d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under  the
provisions of  subdivision (g) of Section 12021.
   (2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
   (e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097  of the Penal Code  .
   (2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
   (A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
   (B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
   (3) For  any   an  order to pay a fine,
make payments to a battered women's shelter, or pay restitution as a
condition of probation under this subdivision or subdivision (c), the
court shall make a determination of the defendant's ability to pay.
In no event shall  any   an  order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support.
   (4) If the injury to a married person is caused in whole  ,
 or in part  ,  by the criminal acts of his or her
spouse in violation of subdivision (c), the community property
 may   shall  not be used to discharge the
liability of the offending spouse for restitution to the injured
spouse required by Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4, or to a shelter for costs with regard to
the injured spouse and dependents required by this subdivision, until
all separate property of the offending spouse is exhausted.
   (5)  Any   A    person
violating  any   an  order described in
subdivision (c) may be punished for any substantive offenses
described under Section 136.1 or 646.9.  No   A
 finding of contempt shall  not  be a bar to
prosecution for a violation of Section 136.1 or 646.9. However,
 any   a  person held in contempt for a
violation of subdivision (c) shall be entitled to credit for any
punishment imposed as a result of that violation against any sentence
imposed upon conviction of an offense described in Section 136.1 or
646.9.  Any   A  conviction or acquittal
for  any   a  substantive offense under
Section 136.1 or 646.9 shall be a bar to a subsequent punishment for
contempt arising out of the same act.
  SEC. 5.  Section 1122 of the Penal Code is amended to read:
   1122.  (a) After the jury has been sworn and before the people's
opening address, the court shall instruct the jury generally
concerning its basic functions, duties, and conduct. The instructions
shall include, among other matters,  admonitions that the
jurors shall not converse among themselves, or with anyone else, on
any subject connected with the trial; that they shall not read or
listen to any accounts or discussions of the case reported by
newspapers or other news media; that they shall not visit or view the
premises or place where the offense or offenses charged were
allegedly committed or any other premises or place involved in the
case; that prior to, and within 90 days of, discharge, they shall not
request, accept, agree to accept, or discuss with any person
receiving or accepting, any payment or benefit in consideration for
supplying any information concerning the trial; and that they shall
promptly report to the court any incident within their knowledge
involving an attempt by any person to improperly influence any member
of the jury.   all of the following admonitions: 

   (1) That the jurors shall not converse among themselves, or with
anyone else, conduct research, or disseminate information on any
subject connected with the trial. The court shall clearly explain, as
part of the admonishment, that the prohibition on conversation,
research, and dissemination of information applies to all forms of
electronic and wireless communication.  
   (2) That they shall not read or listen to any accounts or
discussions of the case reported by newspapers or other news media.
 
   (3) That they shall not visit or view the premises or place where
the offense or offenses charged were allegedly committed or any other
premises or place involved in the case.  
   (4) That prior to, and within 90 days of, discharge, they shall
not request, accept, agree to accept, or discuss with any person
receiving or accepting, any payment or benefit in consideration for
supplying any information concerning the trial.  
   (5) That they shall promptly report to the court any incident
within their knowledge involving an attempt by any person to
improperly influence any member of the jury. 
   (b) The jury shall also, at each adjournment of the court before
the submission of the cause to the jury, whether permitted to
separate or kept in charge of officers, be admonished by the court
that it is their duty not to  conduct research, disseminate
information, or  converse among themselves, or with anyone else,
on any subject connected with the trial, or to form or express any
opinion  thereon   about the case  until
the cause is finally submitted to them.  The court shall clearly
explain, as part of the admonishment, that the prohibition on
research, dissemination of information, and conversation applies to
all forms of electronic and wireless communication. 
  SEC. 6.  Section 1128 of the Penal Code is amended to read:
   1128.  After hearing the charge, the jury may either decide in
court or may retire for deliberation. If they do not agree without
retiring for deliberation, an officer  must  
shall  be sworn to keep them together for deliberation in some
private and convenient place, and, during  such 
 the  deliberation, not to permit any person to speak to or
communicate with them,  including any form of electronic or
wireless communication,  nor to do so himself  or herself
 , unless by order of the court, or to ask them whether they
have agreed upon a verdict, and to return them into court when they
have so agreed, or when ordered by the court. The court shall fix the
time and place for deliberation. The jurors shall not deliberate on
the case except under  such   those 
circumstances. If the jurors are permitted by the court to separate,
the court shall properly admonish them  as provided in
subdivision (b) of Section 1122  .  When  
If  the jury is composed of both men and women  ,  and
the jurors are not permitted by the court to separate, in the event
that it  shall become   becomes  necessary
to retire for the night, the women  must   shall
 be kept in a room or rooms separate and apart from the men.
  SEC. 7.  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.