AB 2217 Assembly Bill

BILL NUMBER: AB 2217	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2010

   An act to amend Sections 611 and 613 of the Code of Civil
Procedure, and to amend Sections 1122 and 1128 of the Penal Code,
relating to jurors.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2217, as introduced, Fuentes. Jurors: electronic
communications.
   Existing law requires the court in a jury trial to admonish the
jury that it is their duty not to converse with, or permit themselves
to be addressed by, any other person on any subject of the trial.
The court is required to provide the admonishment in a civil
proceeding when the jurors are permitted to separate during the
trial, and when the case is submitted to the jury, and, in a criminal
proceeding, after the jury has been sworn and before the people's
opening address, at each adjournment of the court, and when the
jurors are permitted by the court to separate after the case is
submitted to the jury. An officer having the jury under his or her
charge shall not permit any communication to be made to them, or make
any himself or herself, as specified.
   This bill would require the court, when admonishing the jury
against conversation pursuant to these provisions, to clearly
explain, as part of the admonishment, that the prohibition on
conversation applies to all forms of electronic and wireless
communication. The bill would require the officer in charge of a jury
to prevent any form of electronic or wireless communication.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 611 of the Code of Civil Procedure is amended
to read:
   611.  If the jury are permitted to separate, either during the
trial or after the case is submitted to them, they shall be
admonished by the  Court   court  that it
is their duty not to converse with, or  suffer  
permit  themselves to be addressed by  ,  any other
person  ,  on any subject of the trial, and that it
is their duty not to form or express an opinion thereon until the
case is finally submitted to them.  The court shall clearly
explain, as part of the admonishment, that the prohibition on
conversation applies to all forms of electronic and wireless
communication. 
  SEC. 2.  Section 613 of the Code of Civil Procedure is amended to
read:
   613.  When the case is finally submitted to the jury, they may
decide in  Court   court  or retire for
deliberation  ; if   . If  they retire,
they must be kept together  ,  in some convenient
place, under charge of an officer, until at least three-fourths of
them agree upon a verdict or are discharged by the  Court
  court  . Unless by order of the  Court
  court  , the officer having them under his 
or her  charge  must   shall  not
 suffer   permit  any communication to be
made to them,  including any form or electronic or wireless
communication,  or make any himself  or herself  ,
except to ask them if they or three-fourths of them are agreed upon a
verdict  , and he must   . The officer shall
 not, before their verdict is rendered, communicate to any
person the state of their deliberations, or the verdict agreed upon.
  SEC. 3.  Section 1122 of the Penal Code is amended to read:
   1122.  (a) After the jury has been sworn and before the people's
opening address, the court shall instruct the jury generally
concerning its basic functions, duties, and conduct. The instructions
shall include, among other matters,  all of the following 
admonitions  that   : 
    (1)     That  the jurors shall not
converse among themselves, or with anyone else, on any subject
connected with the trial  ; that   . The court
shall clearly explain, as part of the admonishment, that the
prohibition on conversation applies to all forms of electronic and
wireless communication. 
    (2)     That  they shall not read or
listen to any accounts or discussions of the case reported by
newspapers or other news media  ; that   . 

    (3)     That  they shall not visit or
view the premises or place where the offense or offenses charged were
allegedly committed or any other premises or place involved in the
case  ; that   . 
    (4)     That  prior to, and within 90
days of, discharge, they shall not request, accept, agree to accept,
or discuss with any person receiving or accepting, any payment or
benefit in consideration for supplying any information concerning the
trial  ; and that   . 
    (5)     That  they shall promptly
report to the court any incident within their knowledge involving an
attempt by any person to improperly influence any member of the jury.

   (b) The jury shall also, at each adjournment of the court before
the submission of the cause to the jury, whether permitted to
separate or kept in charge of officers, be admonished by the court
that it is their duty not to converse among themselves, or with
anyone else, on any subject connected with the trial, or to form or
express any opinion thereon until the cause is finally submitted to
them.  The court shall clearly explain, as part of the
admonishment, that the prohibition on conversation applies to all
forms of electronic and wireless communication. 
  SEC. 4.  Section 1128 of the Penal Code is amended to read:
   1128.  After hearing the charge, the jury may either decide in
court or may retire for deliberation. If they do not agree without
retiring for deliberation, an officer  must  
shall  be sworn to keep them together for deliberation in some
private and convenient place, and, during  such 
 the  deliberation, not to permit any person to speak to or
communicate with them,  including any form or electronic or
wireless communicat   ion,  nor to do so himself 
or herself  , unless by order of the court, or to ask them
whether they have agreed upon a verdict, and to return them into
court when they have so agreed, or when ordered by the court. The
court shall fix the time and place for deliberation. The jurors shall
not deliberate on the case except under  such  
those  circumstances. If the jurors are permitted by the court
to separate, the court shall properly admonish them  as provided
in subdivision (b) of Section 1122  .  When 
 If  the jury is composed of both men and women  , 
and the jurors are not permitted by the court to separate, in the
event that it  shall become   becomes 
necessary to retire for the night, the women  must 
 shall  be kept in a room or rooms separate and apart from
the men.