BILL NUMBER: AB 301	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 12, 2013

   An act to add Section 205.5 to the Code of Civil Procedure,
relating to juries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 301, as introduced, Wagner. Juries: prospective jurors: false
information.
   Existing law requires the jury commissioner or the court to
inquire as to the qualifications of persons who are or may be
summoned for jury service. Existing law authorizes a jury
commissioner to require a person to complete a questionnaire to be
used solely for qualifying prospective jurors. Existing law only
allows the questionnaire to ask questions relative to juror
identification, qualification, and ability to serve as a prospective
juror. Under existing law, persons who are not citizens of the United
States are not eligible and qualified to be prospective jurors.
   This bill would require the jury commissioner to compare the
questionnaires completed pursuant to the above provisions with the
list of registered voters to determine whether any person has falsely
indicated that he or she is not a citizen of the United States. The
bill would allow any person who falsely identifies himself or herself
on the questionnaire as not being a citizen of the United States to
be attached and compelled to appear before the court. Following an
order to show cause, this bill would allow the court to find the
prospective juror in contempt of court, punishable by a fine,
incarceration, or both, as provided. Because contempt of court is
punishable as a misdemeanor, this bill would create a new crime and
would thereby impose a state-mandated local program.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so 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.
State-mandated local program: yes.


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

  SECTION 1.  Section 205.5 is added to the Code of Civil Procedure,
to read:
   205.5.  (a) The jury commissioner shall compare the questionnaires
completed pursuant to subdivision (a) of Section 205 for the purpose
of qualifying prospective jurors with the list of registered voters
to determine whether any person has falsely indicated he or she is
not a citizen of the United States.
   (b) Any person who falsely identifies himself or herself on the
questionnaire as not being a citizen of the United States may be
attached and compelled to appear before the court. Following an order
to show cause hearing, the court may find the prospective juror in
contempt of court, punishable by a fine, incarceration, or both, as
otherwise provided by law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.