AB 2070, as introduced, Campos. Juries: social media accounts.
Existing law, the Trial Jury Selection and Management Act, governs the selection of jurors and the formation of trial juries for both civil and criminal cases. Existing law requires a trial judge to examine prospective jurors, and, upon completion of the judge’s examination, grants counsel for each party the right to examine, by oral and direct questioning, any prospective juror in order to enable counsel to intelligently exercise peremptory challenges and challenges for cause.
Existing law requires that jurors be admonished that they may not discuss the case, conduct research, or disseminate information in connection with the trial. Under existing law the prohibitions on conversation, research, and dissemination of information apply to all forms of electronic and wireless communication.
This bill would prohibit a court from requiring or requesting a juror or prospective juror to disclose a username or password for the purpose of accessing personal social media or requiring the juror or prospective juror to access personal social media in the presence of the judge, counsel for either party, or any other officer of the court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 238 is added to the Code of Civil
2Procedure, to read:
(a) As used in this section, “social media” means an
4electronic service or account, or electronic content, including, but
5not limited to, videos, still photographs, blogs, video blogs,
6podcasts, instant and text messages, email, online services or
7accounts, or Internet Web site profiles or locations.
8(b) A court shall not require or request a juror or prospective
9juror to do any of the following:
10(1) Disclose a username or password for the purpose of
11accessing personal social media.
12(2) Access personal social media in the presence of the judge,
13counsel for either party, or any other officer of the
court.
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