BILL NUMBER: SB 319	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 25, 2009

   An act to amend Section 209 of the Code of Civil Procedure,
relating to jury service.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 319, as introduced, Harman. Jury service.
   Under existing law, a prospective trial juror who has been
summoned for jury service and fails to attend as directed or respond
to the court may be compelled to attend, as specified. In addition,
after an order to show cause hearing, the court may find the
prospective juror in contempt of court, which is punishable by fine,
incarceration, or both. Until January 1, 2010, existing law permits
the court, in lieu of imposing penalties for contempt, to impose
reasonable monetary sanctions of no more than $250 for a first
violation, $750 for a 2nd violation, and $1,500 for the 3rd and any
subsequent violation, upon a prospective juror who has failed to
respond and who has not been excused, after first providing the
prospective juror with notice and an opportunity to be heard, as
specified.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 209 of the Code of Civil Procedure, as amended
by Section 5 of Chapter 567 of the Statutes of 2006, is amended to
read:
   209.  (a)  Any   A  prospective trial
juror who has been summoned for service, and who fails to attend as
directed or to respond to the court or jury commissioner and to be
excused from attendance, may be attached and compelled to attend.
Following an order to show cause hearing, the court may find the
prospective juror in contempt of court, punishable by fine,
incarceration, or both, as otherwise provided by law.
   (b) In lieu of imposing sanctions for contempt as set forth in
subdivision (a), the court may impose reasonable monetary sanctions,
as provided in this subdivision, on a prospective juror who has not
been excused pursuant to Section 204 after first providing the
prospective juror with notice and an opportunity to be heard. If a
juror fails to respond to the initial summons within 12 months, the
court may issue a second summons indicating that the person failed to
appear in response to a previous summons and ordering the person to
appear for jury duty. Upon the failure of the juror to appear in
response to the second summons, the court may issue a failure to
appear notice informing the person that failure to respond may result
in the imposition of money sanctions. If the prospective juror does
not attend the court within the time period as directed by the
failure to appear notice, the court shall issue an order to show
cause. Payment of monetary sanctions imposed pursuant to this
subdivision does not relieve the person of his or her obligation to
perform jury duty.
   (c) (1) The court may give notice of its intent to impose
sanctions by either of the following means:
   (A) Verbally to a prospective juror appearing in person in open
court.
   (B) The issuance on its own motion of an order to show cause
requiring the prospective juror to demonstrate reasons for not
imposing sanctions. The court may serve the order to show cause by
certified or first-class mail.
   (2) The monetary sanctions imposed pursuant to subdivision (b) may
not exceed two hundred fifty dollars ($250) for the first violation,
seven hundred fifty dollars ($750) for the second violation, and one
thousand five hundred dollars ($1,500) for the third and any
subsequent violation. Monetary sanctions may not be imposed on a
prospective juror more than once during a single juror pool cycle.
The prospective juror may be excused from paying sanctions pursuant
to subdivision (b) of Section 204 or in the interests of justice. The
full amount of any sanction paid shall be deposited in a bank
account established for this purpose by the Administrative Office of
the Courts and transmitted from that account monthly to the
Controller for deposit in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code. It is the intent of the
Legislature that the funds derived from the monetary sanctions
authorized in this section be allocated, to the extent feasible, to
the family courts and the civil courts. The Judicial Council shall,
by rule, provide for a procedure by which a prospective juror against
whom a sanction has been imposed by default may move to set aside
the default.
   (d) On or before December 31, 2008, the Judicial Council shall
report to the Legislature regarding the effects of the implementation
of subdivisions (b) and (c). The report shall include, but not be
limited to, information regarding any change in rates of response to
juror summons, the amount of moneys collected pursuant to subdivision
(c), the efficacy of the default procedures adopted in rules of
court, and how, if at all, the Legislature may wish to alter this
chapter to further attainment of its objectives.
   (e) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  Section 209 of the Code of Civil Procedure, as amended by
Section 6 of Chapter 567 of the Statutes of 2006, is amended to read:

   209.   Any   A  prospective trial juror
who has been summoned for service, and who fails to attend the court
as directed or to respond to the court or jury commissioner and to be
excused from attendance, may be attached and compelled to attend.
Following an order to show cause hearing, the court may find the
prospective juror in contempt of court, punishable by fine,
incarceration, or both, as otherwise provided by law.
   This section shall become operative on January 1, 2010.