AB 1283: Civil procedure: trial jury selection.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-02-27
Existing law prohibits an eligible person from being exempt from service as a trial juror by reason of, among other things, economic status, race, religion, sex, or for any other reason.
This bill would specify that marital status is also a prohibited reason to exempt an eligible person from service as a trial juror.
(a)No An eligible person shall not be exempt from service as a trial juror by reason of occupation, economic or marital status, or any characteristic listed or defined in Section 11135 of the Government Code, or for any other reason. No A person shall not be excused from service as a trial juror except as specified in subdivision (b).
(b)An eligible person may be excused from jury service only for undue hardship, upon themselves or upon the public, as defined by the Judicial Council.
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Date
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Status
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|---|---|
| Feb 27, 2015 | Introduced. To print. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 23, 2015 | Referred to Com. on JUD. |
| Apr 7, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 5, 2015 | From committee: Do pass. (Ayes 8. Noes 2.) (May 5). |
| May 6, 2015 | Read second time. Ordered to third reading. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 18. Page 1342.) |
| May 21, 2015 | Referred to Com. on JUD. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| May 7, 2015 | AB 1283 TING Assembly Third Reading | Assembly Floor |
Passed |
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| May 5, 2015 | Do pass. | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 1283
Page 1
ASSEMBLY THIRD READING
AB 1283
(Ting)
As Introduced February 27, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
|
Judiciary |
8-2 |
Mark Stone, Alejo, Chau, Chiu, Cristina Garcia, Holden, Maienschein, O'Donnell |
Wagner, Gallagher |
|
SUMMARY: Adds a new characteristic to the non-exempt list for eligible jurors. Specifically, this bill includes marital status in the list of characteristics for which an eligible person may not be exempted from jury service.
EXISTING LAW:
Provides that no eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined in Government Code Section 11135 (as set out in item 2) below), or for any other reason.
Prohibits discrimination by the state and state-funded entities in all programs or activities with respect to race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, as defined.
FISCAL EFFECT: None
COMMENTS: The author explains the reason for this bill as follows:
Jury service is one of our most fundamental civic rights and responsibilities. Current law prohibits discrimination in jury service based on one’s occupation, economic status, race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability to ensure a diverse jury pool to protect the right of trial by a jury of one’s peers.
AB 1283 further specifies that an individual shall not be exempt from jury service due to their marital status, modeling juror non-discrimination statutes already enacted in three other states and the District of Columbia. This additional clarification is especially important following the legalization of same-sex marriage in California in 2013 and the rise [in] modern family structures led by non-married couples or single individuals, and is necessary to ensure fair and representative juries are selected.
This Bill Updates the List of Exemptions For an Otherwise Eligible Juror To Clarify That Marital Status May Not Be Considered A Ground to Exempt A Person From Jury Service. Existing law sets forth a list of characteristics on which an exemption to jury service may not be based. That list was amended by AB 14 (Laird), Chapter 568, Statutes of 2007, to reflect changes in the state's general non-discrimination statute, Government Code Section 11135, but marital status was not included in those amendments.
Analysis Prepared by: Khadijah Hargett / JUD. / (916) 319-2334 FN: 0000264
AB 1283
Page 2
Date of Hearing: May 5, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 1283
(Ting) – As Introduced February 27, 2015
SUBJECT: TRIAL JURY SELECTION: EXEMPTIONS
KEY ISSUE: SHOULD MARITAL STATUS BE ADDED TO THE LIST OF QUALIFICATIONS THAT WILL NOT EXEMPT A PERSON FROM JURY SERVICE?
SYNOPSIS
This non-controversial bill would update the statute that lists the characteristics for which a person may not be exempted from jury service, to include marital status.
SUMMARY: Adds a new characteristic to the non-exempt list for eligible jurors. Specifically, this bill includes marital status in the list of characteristics for which an eligible person may not be exempted from jury service.
EXISTING LAW:
Provides that no eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined in Section 11135 of the Government Code (as set out in item #2 below), or for any other reason. (Code of Civil Procedure Section 204.)
Prohibits discrimination by the state and state-funded entities in all programs or activities with respect to race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, as defined. (Government Code Section 11135.)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: The author explains the reason for the bill as follows:
Jury service is one of our most fundamental civic rights and responsibilities. Current law prohibits discrimination in jury service based on one’s occupation, economic status, race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability to ensure a diverse jury pool to protect the right of trial by a jury of one’s peers.
AB 1283 further specifies that an individual shall not be exempt from jury service due to their marital status, modeling juror non-discrimination statutes already enacted in three other states and the District of Columbia. This additional clarification is especially important following the legalization of same-sex marriage in California in 2013 and the rise [in] modern family structures led by non-married couples or single individuals, and is necessary to ensure fair and representative juries are selected.
This Bill Updates the List of Exemptions For an Otherwise Eligible Juror To Clarify That Marital Status May Not Be Considered A Ground to Exempt A Person From Jury Service. Existing law sets forth a list of characteristics on which an exemption to jury service may not be based. That list was amended by AB 14 (Laird), Chapter 568, Statutes of 2007 to reflect changes in the state’s general non-discrimination statute, Section 11135 of the Government Code, but marital status was not included in those amendments.
Prior Related Legislation: AB 87 (Stone, 2015), pending in Senate Judiciary, prohibits the use of a peremptory challenge based upon a characteristic listed or defined in Government Code Section 11135, or similar grounds.
AB 14 (Laird), Chapter 568, Statues of 2007, amended the list of characteristics that may not exempt a person from jury service, to include those characteristics listed or defined in Section 11135 of the Government Code.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Khadijah Hargett / JUD. / (916) 319-2334
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):