BILL NUMBER: AB 2070	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 20, 2014

   An act to add Section 238 to the Code of Civil Procedure, relating
to juries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2070, as introduced, Campos. Juries: social media accounts.
   Existing law, the Trial Jury Selection and Management Act, governs
the selection of jurors and the formation of trial juries for both
civil and criminal cases. Existing law requires a trial judge to
examine prospective jurors, and, upon completion of the judge's
examination, grants counsel for each party the right to examine, by
oral and direct questioning, any prospective juror in order to enable
counsel to intelligently exercise peremptory challenges and
challenges for cause.
   Existing law requires that jurors be admonished that they may not
discuss the case, conduct research, or disseminate information in
connection with the trial. Under existing law the prohibitions on
conversation, research, and dissemination of information apply to all
forms of electronic and wireless communication.
   This bill would prohibit a court from requiring or requesting a
juror or prospective juror to disclose a username or password for the
purpose of accessing personal social media or requiring the juror or
prospective juror to access personal social media in the presence of
the judge, counsel for either party, or any other officer of the
court.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 238 is added to the Code of Civil Procedure, to
read:
   238.  (a) As used in this section, "social media" means an
electronic service or account, or electronic content, including, but
not limited to, videos, still photographs, blogs, video blogs,
podcasts, instant and text messages, email, online services or
accounts, or Internet Web site profiles or locations.
   (b) A court shall not require or request a juror or prospective
juror to do any of the following:
   (1) Disclose a username or password for the purpose of accessing
personal social media.
   (2) Access personal social media in the presence of the judge,
counsel for either party, or any other officer of the court.