BILL NUMBER: AB 2567	CHAPTERED  08/25/00

	CHAPTER   242
	FILED WITH SECRETARY OF STATE   AUGUST 25, 2000
	APPROVED BY GOVERNOR   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 24, 2000

   An act to amend Section 206 of the Code of Civil Procedure,
relating to juries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2567, Jackson.  Criminal actions:  access to jurors.
   Existing law provides that prior to discharging the jury from the
case, the judge in a criminal action shall inform the jurors that
they have an absolute right to discuss or not to discuss the
deliberation or verdict with anyone.  Existing law also specifies
that following the discharge of the jury in a criminal case, the
defendant, or his or her attorney or representative, or the
prosecutor, or his or her representative, may discuss the jury
deliberation or verdict with a member of the jury, provided that the
juror consents to the discussion and that the discussion takes place
at a reasonable time and place.
   This bill would provide that if a discussion of a jury
deliberation or verdict occurs at any time more than 24 hours after
the verdict, prior to discussing the jury deliberation or verdict in
a criminal action with a member of a jury, the defendant or his or
her attorney or representative, or the prosecutor or his or her
representative, shall inform the juror of the identity of the case,
the party in that case which the person represents, the subject of
the interview, the juror's absolute right to discuss or not discuss
the deliberations or verdict in the case with the person, and the
juror's right to review and have a copy of any declaration filed with
a court.


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


  SECTION 1.  Section 206 of the Code of Civil Procedure is amended
to read:
   206.  (a) Prior to discharging the jury from the case, the judge
in a criminal action shall inform the jurors that they have an
absolute right to discuss or not to discuss the deliberation or
verdict with anyone.  The judge shall also inform the jurors of the
provisions set forth in subdivisions (b), (d), and  (e).
   (b) Following the discharge of the jury in a criminal case, the
defendant, or his or her attorney or representative, or the
prosecutor, or his or her representative, may discuss the jury
deliberation or verdict with a member of the jury, provided that the
juror consents to the discussion and that the discussion takes place
at a reasonable time and place.
   (c) If a discussion of the jury deliberation or verdict with a
member of the jury pursuant to subdivision (b) occurs at any time
more than 24 hours after the verdict, prior to discussing the jury
deliberation or verdict with a member of a jury pursuant to
subdivision (b), the defendant or his or her attorney or
representative, or the prosecutor or his or her representative, shall
inform the juror of the identity of the case, the party in that case
which the person represents, the subject of the interview , the
absolute right of the juror to discuss or not discuss the
deliberations or verdict in the case with the person, and the juror's
right to review and have  a copy of any declaration filed with the
court.
   (d) Any unreasonable contact with a juror by the defendant, or his
or her attorney or representative, or by the prosecutor, or his or
her representative, without the juror's consent shall be immediately
reported to the trial judge.
   (e) Any violation of this section shall be considered a violation
of a lawful court order and shall be subject to reasonable monetary
sanctions in accordance with Section 177.5 of the Code of Civil
Procedure.
   (f) Nothing in the section shall prohibit a peace officer from
investigating an allegation of criminal conduct.
   (g) Pursuant to Section 237, a defendant or defendant's counsel
may, following the recording of a jury's verdict in a criminal
proceeding, petition the court for access to personal juror
identifying information within the court's records necessary for the
defendant to communicate with jurors for the purpose of developing a
motion for new trial or any other lawful purpose.  This information
consists of jurors' names, addresses, and telephone numbers.  The
court shall consider all requests for personal juror identifying
information pursuant to Section 237.