BILL ANALYSIS Ó
AB 1283
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Date of Hearing: May 5, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 1283
(Ting) - As Introduced February 27, 2015
SUBJECT: TRIAL JURY SELECTION: EXEMPTIONS
KEY ISSUE: SHOULD MARITAL STATUS BE ADDED TO THE LIST OF
QUALIFICATIONS THAT WILL NOT EXEMPT A PERSON FROM JURY SERVICE?
SYNOPSIS
This non-controversial bill would update the statute that lists
the characteristics for which a person may not be exempted from
jury service, to include marital status.
SUMMARY: Adds a new characteristic to the non-exempt list for
eligible jurors. Specifically, this bill includes marital
status in the list of characteristics for which an eligible
person may not be exempted from jury service.
EXISTING LAW:
1)Provides that no eligible person shall be exempt from service
as a trial juror by reason of occupation, economic status, or
AB 1283
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any characteristic listed or defined in Section 11135 of the
Government Code (as set out in item #2 below), or for any
other reason. (Code of Civil Procedure Section 204.)
2)Prohibits discrimination by the state and state-funded
entities in all programs or activities with respect to race,
national origin, ethnic group identification, religion, age,
sex, sexual orientation, color, genetic information, or
disability, as defined. (Government Code Section 11135.)
FISCAL EFFECT: As currently in print this bill is keyed
non-fiscal.
COMMENTS: The author explains the reason for the bill as
follows:
Jury service is one of our most fundamental civic rights
and responsibilities. Current law prohibits discrimination
in jury service based on one's occupation, economic status,
race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, genetic
information, or disability to ensure a diverse jury pool to
protect the right of trial by a jury of one's peers.
AB 1283 further specifies that an individual shall not be
exempt from jury service due to their marital status,
modeling juror non-discrimination statutes already enacted
in three other states and the District of Columbia. This
additional clarification is especially important following
the legalization of same-sex marriage in California in 2013
and the rise [in] modern family structures led by
non-married couples or single individuals, and is necessary
to ensure fair and representative juries are selected.
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This Bill Updates the List of Exemptions For an Otherwise
Eligible Juror To Clarify That Marital Status May Not Be
Considered A Ground to Exempt A Person From Jury Service.
Existing law sets forth a list of characteristics on which an
exemption to jury service may not be based. That list was
amended by AB 14 (Laird), Chapter 568, Statutes of 2007 to
reflect changes in the state's general non-discrimination
statute, Section 11135 of the Government Code, but marital
status was not included in those amendments.
Prior Related Legislation: AB 87 (Stone, 2015), pending in
Senate Judiciary, prohibits the use of a peremptory challenge
based upon a characteristic listed or defined in Government Code
Section 11135, or similar grounds.
AB 14 (Laird), Chapter 568, Statues of 2007, amended the list of
characteristics that may not exempt a person from jury service,
to include those characteristics listed or defined in Section
11135 of the Government Code.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
AB 1283
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None on file
Analysis Prepared by:Khadijah Hargett / JUD. / (916) 319-2334