AB 301,
as amended, Wagner. begin deleteJuries: prospective jurors: false information end deletebegin insertAffidavits of registration: cancellationend insert.
Existing law requires the clerk of the superior court of each county to furnish a statement to the chief elections official of the county that includes the names, addresses, and dates of birth of all persons who have been convicted of a felony since the clerk’s last statement. The elections official is required to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony.
end insertbegin insertThis bill, in addition, would require the clerk of the superior court to include in these statements to the chief elections official the name, address, and date of birth of each person who has, since the clerk’s last statement, declared in response to a jury summons from the superior court that he or she is not qualified to serve as a juror because he or she is not a citizen of the United States, and would require the elections official to cancel the affidavit of registration of each person so listed.
end insertbegin insertThe 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.
end insertbegin insertThis 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 these statutory provisions.
end insertExisting 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.
end deleteThis 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.
end deleteThe 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.
end deleteThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end deleteWith 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 2212 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insert The clerk of the superior court of each county, on
4the basis of the records of the court, shall furnish to the chief
5elections official of the county, not less frequently than the first
6day of April and the first day of September of each year, a
7statementbegin delete showing the names, addresses, and datesend deletebegin insert that includes
8all of the following:end insert
9begin insert(1)end insertbegin insert end insertbegin insertTheend insertbegin insert name, address, and dateend insert of birth ofbegin delete all personsend deletebegin insert each
10personend insert whobegin delete haveend deletebegin insert hasend insert been convicted ofbegin delete feloniesend deletebegin insert a felonyend insert since the
11clerk’s lastbegin delete reportend deletebegin insert
statementend insert.begin delete Theend delete
12(2) The name, address, and date of birth of each person who
13has, since the clerk’s last statement, declared in response to a jury
14summons from the superior court that he or she is not qualified to
15serve as a juror because he or she is not a citizen of the United
16States.
17begin insert(b)end insertbegin insert end insertbegin insertTheend insert elections official shall, during the first week of April
18and the first week of September in each year, cancel thebegin delete affidavitsend delete
19begin insert
affidavitend insert
of registration ofbegin delete those personsend deletebegin insert each personend insert whobegin delete areend deletebegin insert isend insert
20 currently imprisoned or on parole for the conviction of a felony
21begin insert and each person listed in a statement pursuant to paragraph (2)
22of subdivision (a)end insert.begin delete Theend delete
23begin insert(c)end insertbegin insert end insertbegin insertTheend insert
clerk shall certify the statementbegin insert pursuant to subdivision
24(a)end insert under the seal of the court.
If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
Section 205.5 is added to the Code of Civil
31Procedure, to read:
(a) The jury commissioner shall compare the
33questionnaires completed pursuant to subdivision (a) of Section
34205 for the purpose of qualifying prospective jurors with the list
35of registered voters to determine whether any person has falsely
36indicated he or she is not a citizen of the United States.
37(b) Any person who falsely identifies himself or herself on the
38questionnaire as not being a citizen of the United States may be
P4 1attached and compelled to appear before the court. Following an
2order to show cause hearing, the court may find the prospective
3juror in contempt of court, punishable by a fine, incarceration, or
4both, as otherwise provided by law.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution for certain
7costs that may be incurred by a local agency or school district
8because, in that regard, this act creates a new crime or infraction,
9eliminates a crime or infraction, or changes the penalty for a crime
10or infraction, within the meaning of Section 17556 of the
11Government Code, or changes the definition of a crime within the
12meaning of Section 6 of Article XIII B of the California
13Constitution.
14However, if the Commission on State Mandates determines that
15this act contains other costs mandated by the state, reimbursement
16to local agencies and school districts for those costs
shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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