BILL NUMBER: AB 2101	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 17, 2016

   An act to  amend Section 177.5   add and
repeal Section 177.6  of the Code of Civil Procedure, relating
to court sanctions.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2101, as amended, Gordon. Sanctions: jurors.
   Existing law authorizes a judicial officer to impose reasonable
money sanctions, not to exceed $1,500, payable to the court, for any
violation of a lawful court order by a person, done without good
cause or substantial justification. For purposes of this provision,
the term "person" includes a witness, a party, or a party's attorney.

   This bill would provide that the term "person" also includes a
juror. The bill would make other technical, nonsubstantive changes.
 
   This bill would require the Judicial Council to solicit courts for
participation in a pilot project in which judicial officers of
participating counties would be authorized by the bill to impose
reasonable monetary sanctions, not to exceed $1,500, on an impaneled
juror for any knowing violation of a lawful court order without good
cause or substantial justification that is supported by clear and
convincing evidence. The bill would require the Judicial Council to
conduct an evaluation of the pilot project and report the results to
the Governor and the Legislature on or before July 1, 2021. The bill
would repeal these provisions on January 1, 2022. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 177.6 is added to the 
 Code of Civil Procedure   , to read:  
   177.6.  (a) Notwithstanding any other law, a judicial officer of a
court selected pursuant to subdivision (c) for participation in the
pilot project established pursuant to this section may impose
reasonable monetary sanctions, not to exceed one thousand five
hundred dollars ($1,500), payable to the court, on an impaneled juror
for any knowing violation of a lawful court order without good cause
or substantial justification that is supported by clear and
convincing evidence.
   (b) Sanctions shall not be imposed pursuant to this section except
on notice contained in a party's moving or responding papers, or on
the court's own motion, after notice and an opportunity to be heard.
An order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
   (c) On or before July 1, 2017, the Judicial Council shall solicit
the participation of a representative sample of courts, taking into
account size, geography, and other factors identified by the council,
for participation in a pilot project to evaluate the effectiveness
of this section. This section applies only to those courts
participating in the pilot project.
   (d) The Judicial Council shall conduct an evaluation of the pilot
project established pursuant to this section and shall report the
results of the pilot project to the Governor and the Legislature on
or before July 1, 2021. The report shall also examine whether the
imposition of sanctions affects the number of prospective jurors who
report for jury duty. The report shall be submitted in compliance
with Section 9795 of the Government Code.
   (e) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.  
  SECTION 1.    Section 177.5 of the Code of Civil
Procedure is amended to read:
   177.5.  (a) A judicial officer shall have the power to impose
reasonable money sanctions, not to exceed fifteen hundred dollars
($1,500), notwithstanding any other provision of law, payable to the
court, for any violation of a lawful court order by a person, done
without good cause or substantial justification. This power shall not
apply to advocacy of counsel before the court. For the purposes of
this section, the term "person" includes a witness, a juror, a party,
or a party's attorney.
   (b) Sanctions shall not be imposed pursuant to this section except
on notice contained in a party's moving or responding papers, or on
the court's own motion, after notice and opportunity to be heard. An
order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.