BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2683|
|Office of Senate Floor Analyses | |
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|327-4478 | |
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THIRD READING
Bill No: AB 2683
Author: Cooley (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De León, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
ASSEMBLY FLOOR : 75-0, 5/5/14 - See last page for vote (Consent)
SUBJECT : Contempt: jurors
SOURCE : Judicial Council
DIGEST : This bill eliminates criminal contempt for the use of
an electronic or wireless communication device by a juror.
ANALYSIS :
Existing law:
1.Requires the court, when permitting the jury to separate, to
admonish the jury against conducting research, disseminating
information, or conversing with anyone about a pending trial.
2.Establishes that the court shall not permit any communication
regarding a pending trial by jurors during deliberation.
3.Provides that the willful disobedience by a juror of a court
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AB 2683
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admonishment against communication or research about a pending
trial, including all forms of electronic or wireless
communication or research, can be a misdemeanor.
This bill deletes the juror misconduct statute involving juror
communications or research about a pending trial, including
electronic or wireless communications, returning the law to
civil rather than criminal contempt.
Comments
According to the author's office, AB 2683 restores Fifth
Amendment protections by deleting a category of juror misconduct
for willfully disobeying a court instruction against any
communication or research about a pending trial, including
electronic communications.
In 2011, the Legislature passed AB 141(Fuentes, Chapter 181) to
address the problem of jurors using electronic devices, such as
cell phones, in the jury box to communicate information about an
ongoing case. The willful disobedience by a juror of a court
instruction against any communication about a pending trial
constitutes a criminal misdemeanor contempt of court.
Courts are required to investigate allegations of misconduct by
jurors during trials because such conduct may bear on the
outcome of the trial. To determine whether misconduct involving
the use of an electronic device has occurred, courts must often
question jurors because, in many instances, only jurors can
explain the subject of the electronic communication.
By making electronic communication about the trial a criminal
offense, California unintentionally weakened the ability of the
court to informally inquire about a juror's alleged use of
electronic communications. Because that juror may be charged
with a misdemeanor, questions posed by the court may implicate
the juror's constitutional rights against compelled testimony
and self-incrimination.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/11/14)
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Judicial Council (source)
ASSEMBLY FLOOR : 75-0, 5/5/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein,
Medina, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Hall, Logue, Mansoor, Melendez, Vacancy
JG:e 6/11/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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