BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2217
                                                                  Page  1

          Date of Hearing:   April 14, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2217 (Fuentes) - As Amended:  March 25, 2010 

          Policy Committee:                              JudiciaryVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Requires the courts, as part of the admonishment to jurors, to  
            clearly explain the prohibition on communication or research  
            about the case, including the use of electronic or wireless  
            communication, and requires the court officer in charge of the  
            jury to prevent these activities.

          2)Stipulates that violation of the prohibitions in (1) is  
            contempt of court, which is a misdemeanor.

           FISCAL EFFECT  

          1)Negligible costs for the courts statewide to implement the  
            above.

          2)Minor non-reimbursable costs to the counties for prosecution  
            of alleged violations, offset to some extent by fine revenues.

           COMMENTS  


           Purpose  .  It is standard procedure for a court to admonish  
          jurors of their duty not to converse with others or conduct  
          independent research until a verdict is rendered.  Recent use of  
          electronic and wireless devices by jurors, however, has caused  
          mistrials, overturned convictions, and court delays.  In 2009 a  
          San Francisco Superior Court judge dismissed 600 potential  
          jurors after several acknowledged going online to research the  
          criminal case before them.  Additionally, in 2001 a federal drug  
          trial in Florida ended in a mistrial when eight jurors admitted  








                                                                  AB 2217
                                                                  Page  2

          to conducting internet research on the case they were hearing.


          In response, AB 2217 codifies an informal practice among trial  
          courts to authorize the courts to appropriately admonish jurors  
          against the use of electronic and wireless devices to  
          communicate, research, or disseminate information about an  
          ongoing case.  The bill also amends the civil and criminal  
          contempt statutes to grant courts the power to enforce the  
          admonishment.  

           
          Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081