The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal jury trial, to conduct an initial examination of prospective jurors.

This bill would require the court, in a criminal action or proceeding alleging a violent felony, as defined, after the receipt of a verdict or where a jury did not render a verdict, but before discharging the jury, to provide written information to the trial jurors, and distribute, in a manner determined by the court, information to the discharged alternate jurors, about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize the court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to develop the written educational information that the court is required to print and distribute, as specified.

The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal jury trial, to conduct an initial examination of prospective jurors.

This bill would require the court, in a criminal action or proceeding alleging a violent felony, as defined, after the receipt of a verdict or where a jury did not render a verdict, but before discharging the jury, to provide written information to the trial jurors, and distribute, in a manner determined by the court, information to the discharged alternate jurors, about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize the court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to develop the written educational information that the court is required to print and distribute, as specified.

The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal jury trial, to conduct an initial examination of prospective jurors.

This bill would require the court, in a criminal action or proceeding alleging a violent felony, as defined, after the receipt of a verdict or where a jury did not render a verdict, but before discharging the jury, to provide written information to the trial jurors, and electronically distribute distribute, in a manner determined by the court, information to the discharged alternate jurors, about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize the court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to develop the written educational information that the court is required to print and distribute, as specified.

The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal jury trial, to conduct an initial examination of prospective jurors.

This bill would require the court, in a criminal action or proceeding alleging a violent felony, as defined, after the receipt of a verdict or where a jury did not render a verdict, but before discharging the jury, to provide written information to the trial jurors and discharged alternate jurors jurors, and electronically distribute information to the discharged alternate jurors, about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize the court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to develop the written educational information that the court is required to print and distribute, as specified.

The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal case, jury trial, to conduct an initial examination of prospective jurors.

This bill would require the court after the receipt of a verdict, or after the conclusion of a trial where a jury did not render a verdict, and before discharge of the jury, court, in a criminal action or proceeding alleging a violent felony, as defined, after the receipt of a verdict or where a jury did not render a verdict, but before discharging the jury, to provide written information to the trial jurors and discharged alternate jurors about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize a the court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to provide develop the written educational information that a the court is required to provide, print and distribute, as specified.

The Trial Jury Selection and Management Act requires all persons be selected for jury service at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires the court, in a criminal case, to conduct an initial examination of prospective jurors.

This bill would require the court after the receipt of a verdict verdict, or after the conclusion of a trial where a jury did not render a verdict, and before discharge of the jury, in a criminal action or proceeding alleging a violent felony, as defined, to provide written information to the trial jurors and discharged alternate jurors about mental health awareness regarding vicarious trauma that may occur as a result of participation in the trial and the symptoms and methods for stress relief. awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill would authorize a court to provide this information to jurors or alternate jurors in other criminal proceedings. The bill would require the Judicial Council to provide the written educational information that a court is required to provide, as specified.

Existing law authorizes a party to a civil action to obtain discovery by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action, as specified.

This bill would make a technical, nonsubstantive change to this provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2985

Author:(Hart)

As Amended Ver:June 26, 2024

Majority vote

SUMMARY

Requires the court to provide jurors serving in a criminal case or proceeding alleging a violent felony with information about mental health services.

Senate Amendments

Makes technical clarifying changes.

Clarifies that the information that must be given to alternate jurors about mental health awareness must be distributed in a manner determined by the court.

Clarifies that the written information about mental health awareness that Judicial Council must develop, to be given to jurors, must be printed and distributed by the court.

COMMENTS

As passed by the Assembly, this bill:

1. Required the court, before discharging the jury in a criminal case alleging a violent felony, as defined, to provide the jurors written information about mental health awareness regarding vicarious trauma that may occur as a result of their jury service, and the symptoms and methods for stress relief.
2. Required the court to mail this same information to the alternate jurors who have been discharged from their duty.
3. Authorized a court to provide information about mental health services to jurors and alternate jurors after a criminal case alleging any other type of offense.
4. Required the Judicial Council to provide the written information that the courts must disseminate. The information must include, but is not limited to, the signs and symptoms of distress, coping mechanisms, and how to seek help for trauma, if needed.

According to the Author

"AB 2985 aims to support jurors who have served on a violent felony trial by providing them with a written notice, detailing mental health warning signs, and coping mechanisms following the stressful experience. This measure strikes the right balance between caring for jurors' mental health and keeping costs low. AB 2985 installs safeguards to provide California jurors with mental health awareness and support after they fulfill their civic duty of serving on a jury."

Arguments in Support

According to the Santa Barbara County District Attorney's Office, "This bill will ensure that jurors receive written information about vicarious trauma, stress relief, and mental health awareness upon the completion of their jury service. Jurors provide an invaluable service to our community, with Californians serving on approximately 1,672 felony trials in FY 2022-2023. Of this number, many jurors served on cases involving violence and trauma.

"While prosecutors, peace officers, and criminal defense attorneys never get used the violent, traumatic, and horrific acts that we are exposed to on a daily basis, this exposure is not unexpected and is an unfortunate reality of a career in public service in the criminal justice arena. Jurors, on the other hand, are often unprepared for the very difficult issues that they will be exposed to while fulfilling their public service as the triers of fact. This exposure can trigger past trauma or be a source of new trauma for those citizens doing their civic duty.

"It is important for jurors to be supported in taking care of their wellness following service on a trial that involves serious violence."

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Ongoing costs (Trial Court Trust Fund), of an unknown but likely moderate amount, to Judicial Council to provide its existing mental health materials to applicable jurors. Judicial Council expects annual, ongoing printing and distribution costs of approximately $100,000."

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Ting, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez, Waldron

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta

ABS, ABST OR NV: Villapudua

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur

ABS, ABST OR NV: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: June 4, 2024

CONSULTANT: … / PUB. S. / (916) 319-3744 FN: 0003747

 CONSENT  

Bill No: AB 2985

Author: Hart (D)

Amended: 6/26/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/11/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE APROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/2/24 (Consent) - See last page for vote

SUBJECT: Courts: mental health advisement

SOURCE: Author

DIGEST:

This bill requires the court to provide jurors serving in a criminal case involving a violent felony with information about mental health services.

ANALYSIS:

Existing law:

1. Defines a “violent felony” as any of the following: murder or voluntary manslaughter; mayhem; rape accomplished by means of force or threats of retaliation; sodomy by force or fear of immediate bodily injury on the victim or another person or with a child under the age of 14 years, as specified; oral copulation by force or fear of immediate bodily injury on the victim or another person or with a child under the age of 14 years, as specified; lewd acts on a child under the age of 14 years, as defined; any felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified; any robbery; arson of a structure, forest land, or property that causes great bodily injury or that causes an inhabited structure or property to burn; arson that causes an inhabited structure or property to burn; sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person, by threats of retaliation, or of a child under the age of 14 years, as specified; attempted murder; explosion or attempted explosion of a destructive device with the intent to commit murder; explosion or ignition of any destructive device or any explosive which causes bodily injury to any person; explosion of a destructive device which causes death or great bodily injury; kidnapping; assault with intent to commit mayhem or specified sex offenses; continuous sexual abuse of a child; carjacking, as defined; rape or sexual penetration in concert; felony extortion; threats to victims or witnesses, as specified; first degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary; use of a firearm during the commission of specified crimes; and, possession, development, production, and transfers of weapons of mass destruction. (Penal Code § 667.5 (c))
   
2. Establishes the Trial Jury Selection and Management Act, which applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the State. (Code Civ. Proc. § 190 et seq.)
3. States the policy of the State of California is that all persons selected for jury service must be selected at random from the population of the area served by the court; that all qualified persons have an equal opportunity to be considered for jury service in the state, as specified; that it is an obligation of all Californians to serve as jurors when summoned for that purpose; and that it is the responsibility of jury commissioners to manage all jury systems in an efficient, equitable, and cost-effective manner. (Code Civ. Proc. § 191)
4. Requires the trial judge in a criminal jury trial to conduct an initial examination of prospective jurors in order to elect a fair and impartial jury. At the first practical opportunity before voir dire, the trial judge shall consider the form and subject matter of voir dire questions. The parties may submit questions to the trial judge. The trial judge may include additional questions requested by the parties as the trial judge deems proper. (Code Civ. Proc. § 223 (a))
5. Provides, in criminal cases only, while the jury is kept together, either during the progress of the trial or after their retirement for deliberation, the court may direct the sheriff or marshal to provide the jury with suitable and sufficient food and lodging, or other reasonable necessities. (Code Civ. Proc. § 217)
6. Requires alternate jurors to be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and to take the same oath as the jurors already selected, and to attend at all times upon the trial of the cause in company with the other jurors. (Code Civ. Proc. § 234; Penal Code, § 1089)

This bill:

1. Requires the court, before discharging the jury after a verdict in a criminal case alleging a violent felony, as defined, to provide the jurors written information about mental health awareness including information about stress relief and symptoms that may be experienced following exposure to trauma.
2. Requires the court to mail this same information to the alternate jurors who have been discharged from their duty.
3. Requires the court to share this information in a violent felony case where a verdict was not rendered before the jurors are released but after they are no longer responsible for a verdict.
4. Authorizes a court to provide information about mental health services to jurors and alternate jurors after a criminal case alleging any other type of offense.
5. Requires the Judicial Council shall develop the written information that the courts must disseminate. The information must include, but is not limited to, the signs and symptoms of distress, healthy coping mechanisms, and how to seek help for exposure trauma, if needed.

Comments

According to the author:

AB 2985 aims to support jurors who have served on criminal trials involving violent felonies by providing them with information about mental health awareness, secondary trauma, and healthy coping mechanisms to stay well following their service. This measure will ensure that important information gets into the hands of jurors who need it, without requiring significant additional funding. AB 2985 will provide California jurors with mental health awareness and support after they fulfill their civic duty.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/28/24)

Freedom to Choose Project
Santa Barbara County District Attorney's Office
Santa Barbara Women's Political Committee
Smart Justice California, a Project of Tides Advocacy

OPPOSITION: (Verified 6/28/24)

None received

ARGUMENTS IN SUPPORT:

Santa Barbara Women’s Political Committee supports this bill stating:

We are writing to support your proposed bill AB 2985, now in committee in the CA Senate. As this bill would assure that citizens who provide the invaluable service to our communities by serving on juries of as many as 1,000 felony trials in a year receive important information to protect their own mental wellness. Many of our felony trials involve reports of violence and trauma. It is important for jurors to be supported in taking care of their own wellness following service on such trials.

The Santa Barbara Women’s Political Committee believes in basic human rights for all to include freedom from violence and access to needed healthcare. Therefore, we support the passage of this Bill for the benefit of citizens in our state who serve on juries. We are pleased that this bill has passed the Assembly and is now in the Senate for approval. We will continue to follow the progress of this bill and sincerely hope that it will be passed by the Senate and signed into law by our governor.

ASSEMBLY FLOOR: 73-0, 5/2/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur

NO VOTE RECORDED: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas

Prepared by: Mary Kennedy / PUB. S. /

7/2/24 9:32:06

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 2985 Hearing Date: June 11, 2024

Subject: Courts: mental health advisement

HISTORY

Source: Author

Prior Legislation: None

Support: Santa Barbara Women's Political Committee; Smart Justice California, a Project of Tides Advocacy

Opposition: None known

Assembly Floor Vote: 73 - 0

PURPOSE

This bill requires the court to provide jurors serving in a criminal case involving a violent felony with information about mental health services.

Existing law defines a “violent felony” as any of the following: murder or voluntary manslaughter; mayhem; rape accomplished by means of force or threats of retaliation; sodomy by force or fear of immediate bodily injury on the victim or another person or with a child under the age of 14 years, as specified; oral copulation by force or fear of immediate bodily injury on the victim or another person or with a child under the age of 14 years, as specified; lewd acts on a child under the age of 14 years, as defined; any felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified; any robbery; arson of a structure, forest land, or property that causes great bodily injury or that causes an inhabited structure or property to burn; arson that causes an inhabited structure or property to burn; sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person, by threats of retaliation, or of a child under the age of 14 years, as specified; attempted murder; explosion or attempted explosion of a destructive device with the intent to commit murder; explosion or ignition of any destructive device or any explosive which causes bodily injury to any person; explosion of a destructive device which causes death or great bodily injury; kidnapping; assault with intent to commit mayhem or specified sex offenses; continuous sexual abuse of a child; carjacking, as defined; rape or sexual penetration in concert; felony extortion; threats to victims or witnesses, as specified; first degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary; use of a firearm during the commission of specified crimes; and, possession, development, production, and transfers of weapons of mass destruction. (Penal Code § 667.5 (c).)

Existing law establishes the Trial Jury Selection and Management Act, which applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the State. (Code Civ. Proc. § 190 et seq.)

Existing law states the policy of the State of California is that all persons selected for jury service must be selected at random from the population of the area served by the court; that all qualified persons have an equal opportunity to be considered for jury service in the state, as specified; that it is an obligation of all Californians to serve as jurors when summoned for that purpose; and that it is the responsibility of jury commissioners to manage all jury systems in an efficient, equitable, and cost-effective manner. (Code Civ. Proc. § 191.)

Existing law requires the trial judge in a criminal jury trial to conduct an initial examination of prospective jurors in order to elect a fair and impartial jury. At the first practical opportunity before voir dire, the trial judge shall consider the form and subject matter of voir dire questions. The parties may submit questions to the trial judge. The trial judge may include additional questions requested by the parties as the trial judge deems proper. (Code Civ. Proc. § 223 (a).)

Existing law provides, in criminal cases only, while the jury is kept together, either during the progress of the trial or after their retirement for deliberation, the court may direct the sheriff or marshal to provide the jury with suitable and sufficient food and lodging, or other reasonable necessities. (Code Civ. Proc.§ 217.)

Existing law requires alternate jurors to be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and to take the same oath as the jurors already selected, and to attend at all times upon the trial of the cause in company with the other jurors. (Code Civ. Proc.§ 234; Penal Code, § 1089.)

This bill requires the court, before discharging the jury after a verdict in a criminal case alleging a violent felony, as defined, to provide the jurors written information about mental health awareness including information about stress relief and symptoms that may be experienced following exposure to trauma.

This bill requires the court to mail this same information to the alternate jurors who have been discharged from their duty.

This bill requires the court to share this information in a violent felony case where a verdict was not rendered before the jurors are released but after they are no longer responsible for a verdict.

This bill authorizes a court to provide information about mental health services to jurors and alternate jurors after a criminal case alleging any other type of offense.

This bill requires the Judicial Council shall develop the written information that the courts must disseminate. The information must include, but is not limited to, the signs and symptoms of distress, healthy coping mechanisms, and how to seek help for exposure trauma, if needed.

COMMENTS

1. Need for This Bill

According to the author:

AB 2985 aims to support jurors who have served on criminal trials involving violent felonies by providing them with information about mental health awareness, secondary trauma, and healthy coping mechanisms to stay well following their service. This measure will ensure that important information gets into the hands of jurors who need it, without requiring significant additional funding. AB 2985 will provide California jurors with mental health awareness and support after they fulfill their civic duty.

2. Background

“Jury service is stressful. Jurors internalize both the difficulty of deciding another’s fate, as well as the emotional toll of bearing witness to tragic events. A National Center for State Courts report found that 70 percent of all jurors feel some stress. Yet the greatest difficulty often lies in homicide and death penalty trials, in which jurors not only share the burden of imposing guilt (or even death), but are necessarily confronted with the loss of life that led to the case. Some jurors even report physical ailments, including headaches, nightmares, and symptoms consistent with post-traumatic stress disorder.” (A. Ferguson, The Atlantic, May 17, 2015, The Trauma of Jury Duty, available at: https://www.theatlantic.com/politics/archive/2015/05/the-trauma-of-jury-duty/393479/ [as of March 26, 2024].)

This bill would require the courts to provide jurors and alternate jurors serving on criminal cases involving the offenses listed as violent felonies in the Penal Code with information on symptoms of stress and methods for coping with stress. This bill would require that the information be shared with sitting jurors before they are discharged, and would require that same information to be mailed to alternate jurors who have been discharged. In criminal trials that do not allege a violent felony, the court would be authorized, but not required, to share the same information.

It should be noted that the Judicial Council already produces a pamphlet to be shared with jurors that discusses both the temporary signs of stress as well as suggested coping techniques after serving on a jury. The pamphlet acknowledges that jury duty can not only be disruptive, but also unsettling depending on the case. The pamphlet notes that temporary signs of distress following jury duty include: anxiety and/or depression; sleep and/or appetite changes; physical symptoms, such as headaches, muscle tension, stomach aches; increased drug and/or alcohol use; second guessing the verdict and/or dwelling on the case; moodiness; feelings of guilt and/or fear; trouble dealing with issues or topics related to the case; a desire to be alone; diminished interest in activities that are normally of interest; and decreased concentration or memory problems. The pamphlet also lists coping techniques, including: talking to family, friends, and fellow jurors; sticking to a normal, daily routine; cutting down on alcohol, nicotine, and caffeine; deep breathing techniques; and increasing daily exercise. The pamphlet also suggests reaching out to the local mental or behavioral health services, if additional help is needed. (https://www.courts.ca.gov › Jury_Stress_Relief.)

3. Argument in Support

Santa Barbara Women’s Political Committee supports this bill stating:

We are writing to support your proposed bill AB 2985, now in committee in the CA Senate. As this bill would assure that citizens who provide the invaluable service to our communities by serving on juries of as many as 1,000 felony trials in a year receive important information to protect their own mental wellness. Many of our felony trials involve reports of violence and trauma. It is important for jurors to be supported in taking care of their own wellness following service on such trials.

The Santa Barbara Women’s Political Committee believes in basic human rights for all to include freedom from violence and access to needed healthcare. Therefore, we support the passage of this Bill for the benefit of citizens in our state who serve on juries. We are pleased that this bill has passed the Assembly and is now in the Senate for approval. We will continue to follow the progress of this bill and sincerely hope that it will be passed by the Senate and signed into law by our governor.

-- END –

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2985

Author:(Hart) – As Amended Ver:April 10, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires a court to provide jurors serving on a case that involves a violent felony with information about mental health services.

FISCAL EFFECT:

Ongoing costs (Trial Court Trust Fund), of an unknown but likely moderate amount, to Judicial Council to provide its existing mental health materials to applicable jurors. Judicial Council expects annual, ongoing printing and distribution costs of approximately $100,000.

COMMENTS:

1. Purpose. According to the author:

AB 2985 aims to support jurors who have served on violent felony trials by providing them with information about mental health awareness, secondary trauma, and healthy coping mechanisms to stay well following their service. This bill aims to help improve the experience for jurors, recognizing that jurors will be more likely to serve if they feel that the system cares about their needs. This measure will ensure that important information gets into the hands of jurors who need it, without requiring significant additional funding. AB 2985 installs safeguards to provide California jurors with mental health awareness and support after they fulfill their civic duty of serving on a jury.

1. Background. Jury service is obligatory for most adult citizens, but it can be a heavy burden. In addition to disrupting a juror’s daily life and work, participating in a jury trial for a violent offense can expose a juror to graphic and traumatic images, video, and testimony. This bill requires a court to provide jurors who participated in a trial related to a violent felony – including alternate jurors who sat through the trial but did not participate in rendering a verdict – with written information about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. The bill also permits, but does not require, a court to provide such information to jurors and alternate jurors who participate in criminal trials or proceedings related to lesser offenses.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 9, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 2985

Author:(Hart) – As Amended Ver:March 21, 2024

proposed consent (As Proposed to be Amended)

SUBJECT: Courts: mental health advisement

KEY ISSUE: should jurors in violent felony trials be provided with information about mental health resources and responses to trauma at the end of their jury service?

SYNOPSIS

Jury service is a fundamental obligation of all citizens. However, in addition to being disruptive to everyday life, some jury service can expose jurors to graphic and traumatic evidence and testimony. Jurors in violent felony cases may experience post-traumatic stress symptoms related to the evidence and testimony they see during jury service. Accordingly, this common sense measure seeks to enhance the mental health resources provided to jurors serving in violent felony trials. The bill would provide this information to all jurors upon the conclusion of the trial. Additionally, as proposed to be amended, this bill would ensure that alternate jurors and those serving on trials that do not make it to a verdict also will receive resources. The proposed amendments are incorporated into the SUMMARY, below, and explained in the analysis.

This bill is supported by a coalition of district attorneys, mental health advocates, and criminal justice reform proponents. The supporters highlight the trauma that can accompany jury service and highlight the need to ensure that jurors are able to seek help should they experience trauma. This bill has no known opposition and was previously heard and unanimously approved by the Committee on Public Safety.

SUMMARY: Requires a court to provide jurors serving on a case involving a violent felony to with information regarding mental health services at the conclusion of their jury service. Specifically, this bill:

1. Requires, following the receipt of a verdict and prior to discharging the jury in a criminal action alleging a violent felony, the court to provide written information to jurors about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma.
2. Requires, following the receipt of a verdict in a criminal action alleging a violent felony, the court to mail written information to alternate jurors about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma.
3. Requires, at the conclusion of a trial in which evidence was presented but a verdict was not rendered by the jury, the court to provide written information to jurors about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma.
4. Permits the court to share information about mental health with jurors and alternate jurors following the conclusion of a criminal action or proceeding alleging an offense that is not a violent felony.
5. Requires the Judicial Council to provide the information about mental health required by this bill to the individual superior courts, as specified.

EXISTING LAW:

1. Establishes the Trial Jury Selection and Management Act, to outline the rules and procedures governing the selection of jurors for criminal and civil trials. (Code of Civil Procedure Section 190 et seq.)
2. Requires all persons summoned for jury service to be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. (Code of Civil Procedure Section 197 (a).)
3. Requires, prior to discharging the jury from the case, the judge in a criminal action to inform the jurors that they have an absolute right to discuss or not to discuss the deliberation or verdict with anyone. (Code of Civil Procedure Section 206 (a).)
4. Details the 26 crimes that are deemed a “violent felony” which includes the crimes of murder, mayhem, rape, lewd acts on a child under the age of 14, explosion of a destructive device causing death or great bodily injury, and arson. (Penal Code Section 667.5 (c).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: Jury service is a key aspect of American citizenship. However, in some violent felony trials, 12 ordinary citizens are exposed to gruesome images and traumatic testimony. Upon the conclusion of such a trial, these jurors are then left to fend for themselves in terms of their mental health, despite being exposed to harrowing images and testimony. This bill seeks to provide jurors in these trials information about mental health resources so jurors can seek treatment should they be experiencing post-traumatic stress reactions following jury service. In support of this bill, the author states:

AB 2985 aims to support jurors who have served on violent felony trials by providing them with information about mental health awareness, secondary trauma, and healthy coping mechanisms to stay well following their service. This bill aims to help improve the experience for jurors, recognizing that jurors will be more likely to serve if they feel that the system cares about their needs. This measure will ensure that important information gets into the hands of jurors who need it, without requiring significant additional funding. AB 2985 installs safeguards to provide California jurors with mental health awareness and support after they fulfill their civic duty of serving on a jury.

Trial jurors can be exposed to horrific images and testimony. Jury service presents a significant disruption in a juror’s life. Not only are they asked to forego their daily business, but they are sometimes exposed to upsetting information in the process, and are prohibited from speaking about their jury service until the conclusion of the case. This can be particularly difficult for those serving in a case involving one of the 26 crimes deemed to be a violent felony under California law. These crimes, which include murder, rape, sexual violence against children, and bombings, can force witnesses to view graphic images or listen to explicit and emotional testimony. In order to protect the sanctity of deliberations, jurors are unable to discuss this testimony with anyone during the trial. Jurors in the recent trial of the man convicted of murdering college student Kristin Smart noted that they had to spend three months listening to traumatic testimony without being able to discuss the matter with anybody. As juror 273 in that case noted, “It’s very traumatizing to go through something like that. Having nightmares, experiencing something, and not being able to tell each other, ‘This is what we’re going through. This is what I’m feeling. This is what I’m thinking. Is this normal?’” (Chloe Jones, Jurors in Kristin Smart Murder Trial Speak Out for First Time, San Luis Obispo Tribune (Apr. 29, 2023).)

Presently, the Judicial Council provides jurors with a pamphlet listing coping techniques, including: talking to family, friends, and fellow jurors (about things other than the ongoing trial); sticking to a normal, daily routine; cutting down on alcohol, nicotine, and caffeine; deep breathing techniques; and increasing daily exercise. The pamphlet also suggests reaching out to local mental or behavioral health services, if additional help is needed. (https://www.courts.ca.gov › Jury_Stress_Relief.) However, given the tremendous stress that serving on a jury that is evaluating a violent felony can produce, additional resources arguably are needed.

This bill would provide jurors with information about accessing mental health resources. While the Judicial Council’s pamphlet is helpful, this bill would explicitly provide jurors in violent felony cases with additional mental health resources upon the conclusion of their jury service. This bill provides jurors with specific information about how to access mental health resources and what symptoms to look for based on exposure to trauma. The bill also provides resources to alternate jurors and jurors who served on a jury that heard evidence, but did not render a verdict, for example if a plea agreement was stuck before a verdict. Finally, the bill directs the Judicial Council to develop the information for jurors, and to provide the information to each superior court for distribution.

Proposed amendments ensure that all jurors involved with violent felony trials can access mental health resources. As currently in print, this bill focuses on jurors who render a verdict. The author notes that this erroneously omits jurors who serve as alternates, as well as those who served on a jury that heard evidence, but did not render a verdict due to the case being resolved in another manner. Seeking to ensure that all jurors who experience the stress of serving in a case involving a violent felony, the author is proposing amendments to add the following two subdivisions to the proposed Code of Civil Procedure Section 242:

(b) Following the receipt of a verdict in a criminal action or proceeding alleging a violent felony, the court shall mail written information to the alternate jurors who have been discharged from their duty about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma.

(c) At the conclusion of a trial in which evidence was presented, but a verdict was not rendered by the jury, the court shall provide written information about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma, before discharging the jury and alternate jurors. The information shall only be provided after the jurors and alternate jurors are no longer responsible for rendering a verdict in the trial.

The author is also proposing to clarify the bill as it relates to the information provided to jurors. Accordingly, subdivision (a) of the proposed Code of Civil Procedure Section 242 will now read:

(a) Following the receipt of a verdict and prior to discharging the jury in a criminal action or proceeding alleging a violent felony, the court shall provide written information to the trial jurors about mental health awareness regarding vicarious trauma that may occur as a result of participation in the trial and the symptoms and methods for stress relief. awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma.

It should be noted that criminal trials are not the only matters in which graphic and traumatic testimony may be given. Indeed, civil trials involving great bodily injury or graphic fact patterns may be just as traumatic. While the Committee recognizes that budgetary pressures may require the scope of this bill to be limited, the author may wish to consider providing mental health resources to jurors serving in civil matters in which graphic testimony or evidence is given.

ARGUMENTS IN SUPPORT: This bill is supported by a coalition of prosecutors, behavioral health advocates, and criminal justice reform groups. In support of this bill, the Santa Barbara County District Attorney’s Office writes:

This bill will ensure that jurors receive written information about vicarious trauma, stress relief, and mental health awareness upon the completion of their jury service. Jurors provide an invaluable service to our community, with Californians serving on approximately 1,672 felony trials in FY 2022-2023. Of this number, many jurors served on cases involving violence and trauma.

While prosecutors, peace officers, and criminal defense attorneys never get used the violent, traumatic, and horrific acts that we are exposed to on a daily basis, this exposure is not unexpected and is an unfortunate reality of a career in public service in the criminal justice arena. Jurors, on the other hand, are often unprepared for the very difficult issues that they will be exposed to while fulfilling their public service as the triers of fact. This exposure can trigger past trauma or be a source of new trauma for those citizens doing their civic duty. It is important for jurors to be supported in taking care of their wellness following service on a trial that involves serious violence.

REGISTERED SUPPORT / OPPOSITION:

Support

California Council of Community Behavioral Health Agencies
CLUE (Clergy and Laity United for Economic Justice)
Freedom to Choose Project
Santa Barbara County District Attorney's Office
Smart Justice California, a Project of Tides Advocacy

Opposition

None on file

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334

Date of Hearing:

Chief Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2985

Author:(Hart) – As Amended Ver:March 21, 2024

SUMMARY:

Requires the court to provide jurors serving in a criminal case involving a violent felony with information about mental health services. Specifically, this bill:

1. Requires the court, before discharging the jury in a criminal case alleging a violent felony, as defined, to provide the jurors written information about mental health awareness regarding vicarious trauma that may occur as a result of their jury service, and the symptoms and methods for stress relief.
   
2. Requires the court to mail this same information to the alternate jurors who have been discharged from their duty.
   
3. Authorizes a court to provide information about mental health services to jurors and alternate jurors after a criminal case alleging any other type of offense.
   
4. Requires the Judicial Council to provide the written information that the courts must disseminate. The information must include, but is not limited to, the signs and symptoms of distress, coping mechanisms, and how to seek help for trauma, if needed.
   

EXISTING LAW:

1. Defines a “violent felony” as any of the following:
   
   1. Murder or voluntary manslaughter;
      
   2. Mayhem;
      
   3. Rape accomplished by means of force or threats of retaliation;
      
   4. Sodomy by force or fear of immediate bodily injury on the victim or another person or with a child under the age of 14 years, as specified;
      
   5. Oral copulation by force or fear of immediate bodily injury on the victim or another person or with a child under the age of 14 years, as specified;
      
   6. Lewd acts on a child under the age of 14 years, as defined;
      
   7. Any felony punishable by death or imprisonment in the state prison for life;
      
   8. Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified;
      
   9. Any robbery;
      
   10. Arson of a structure, forest land, or property that causes great bodily injury or that causes an inhabited structure or property to burn;
       
   11. Arson that causes an inhabited structure or property to burn;
       
   12. Sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person, by threats of retaliation, or of a child under the age of 14 years, as specified;
       
   13. Attempted murder;
       
   14. Explosion or attempted explosion of a destructive device with the intent to commit murder;
       
   15. Explosion or ignition of any destructive device or any explosive which causes bodily injury to any person;
       
   16. Explosion of a destructive device which causes death or great bodily injury;
       
   17. Kidnapping;
       
   18. Assault with intent to commit mayhem or specified sex offenses;
       
   19. Continuous sexual abuse of a child;
       
   20. Carjacking, as defined;
       
   21. Rape or sexual penetration in concert;
       
   22. Felony extortion;
       
   23. Threats to victims or witnesses, as specified;
       
   24. First degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary;
       
   25. Use of a firearm during the commission of specified crimes; and,
       
   26. Possession, development, production, and transfers of weapons of mass destruction. (Pen. Code § 667.5, subd. (c).)
       
2. Establishes the Trial Jury Selection and Management Act, which applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the State. (Code Civ. Proc., § 190 et seq.)
   
3. States the policy of the State of California is that all persons selected for jury service must be selected at random from the population of the area served by the court; that all qualified persons have an equal opportunity to be considered for jury service in the state, as specified; that it is an obligation of all Californians to serve as jurors when summoned for that purpose; and that it is the responsibility of jury commissioners to manage all jury systems in an efficient, equitable, and cost-effective manner. (Code Civ. Proc., § 191.)
   
4. Requires the trial judge in a criminal jury trial to conduct an initial examination of prospective jurors in order to elect a fair and impartial jury. At the first practical opportunity before voir dire, the trial judge shall consider the form and subject matter of voir dire questions. The parties may submit questions to the trial judge. The trial judge may include additional questions requested by the parties as the trial judge deems proper. (Code Civ. Proc., § 223, subd. (a).)
   
5. Provides, in criminal cases only, while the jury is kept together, either during the progress of the trial or after their retirement for deliberation, the court may direct the sheriff or marshal to provide the jury with suitable and sufficient food and lodging, or other reasonable necessities. (Code Civ. Proc., § 217.)
   
6. Requires alternate jurors to be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and to take the same oath as the jurors already selected, and to attend at all times upon the trial of the cause in company with the other jurors. (Code Civ. Proc., § 234; Pen. Code, § 1089.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 2985 aims to support jurors who have served on a violent felony trial by providing them with a written notice, detailing mental health warning signs, and coping mechanisms following the stressful experience. This measure strikes the right balance between caring for jurors’ mental health and keeping costs low. AB 2985 installs safeguards to provide California jurors with mental health awareness and support after they fulfill their civic duty of serving on a jury.”
   
2. Need for this Bill: “Jury service is stressful. Jurors internalize both the difficulty of deciding another’s fate, as well as the emotional toll of bearing witness to tragic events. A National Center for State Courts report found that 70 percent of all jurors feel some stress. Yet the greatest difficulty often lies in homicide and death penalty trials, in which jurors not only share the burden of imposing guilt (or even death), but are necessarily confronted with the loss of life that led to the case. Some jurors even report physical ailments, including headaches, nightmares, and symptoms consistent with post-traumatic stress disorder.” (A. Ferguson, The Atlantic, May 17, 2015, The Trauma of Jury Duty, available at: https://www.theatlantic.com/politics/archive/2015/05/the-trauma-of-jury-duty/393479/ [as of March 26, 2024].)
   
   This bill would require the courts to provide jurors and alternate jurors serving on criminal cases involving the offenses listed as violent felonies in the Penal Code with information on symptoms of stress and methods for coping with stress. This bill would require that the information be shared with sitting jurors before they are discharged, and would require that same information to be mailed to alternate jurors who have been discharged. In criminal trials that do not allege a violent felony, the court would be authorized, but not required, to share the same information.
   
   It should be noted that the Judicial Council already produces a pamphlet to be shared with jurors that discusses both the temporary signs of stress as well as suggested coping techniques after serving on a jury. The pamphlet acknowledges that jury duty can not only be disruptive, but also unsettling depending on the case. The pamphlet notes that temporary signs of distress following jury duty include: anxiety and/or depression; sleep and/or appetite changes; physical symptoms, such as headaches, muscle tension, stomach aches; increased drug and/or alcohol use; second guessing the verdict and/or dwelling on the case; moodiness; feelings of guilt and/or fear; trouble dealing with issues or topics related to the case; a desire to be alone; diminished interest in activities that are normally of interest; and decreased concentration or memory problems. The pamphlet also lists coping techniques, including: talking to family, friends, and fellow jurors; sticking to a normal, daily routine; cutting down on alcohol, nicotine, and caffeine; deep breathing techniques; and increasing daily exercise. The pamphlet also suggests reaching out to the local mental or behavioral health services, if additional help is needed. (https://www.courts.ca.gov › Jury_Stress_Relief.)
   
   It is unclear why this bill is limited to criminal cases. Civil cases often involve allegations of violence. For example, a victim of a sexual assault might file a civil suit based on underlying conduct arising out of the commission of a violent felony. A decedent’s family member might file a wrongful death suit involving gruesome facts arising from a murder. Jurors in these cases could also benefit from mental health information.
3. Argument in Support: According to the Santa Barbara County District Attorney’s Office, “This bill will ensure that jurors receive written information about vicarious trauma, stress relief, and mental health awareness upon the completion of their jury service. Jurors provide an invaluable service to our community, with Californians serving on approximately 1,672 felony trials in FY 2022-2023. Of this number, many jurors served on cases involving violence and trauma.
   
   “While prosecutors, peace officers, and criminal defense attorneys never get used the violent, traumatic, and horrific acts that we are exposed to on a daily basis, this exposure is not unexpected and is an unfortunate reality of a career in public service in the criminal justice arena. Jurors, on the other hand, are often unprepared for the very difficult issues that they will be exposed to while fulfilling their public service as the triers of fact. This exposure can trigger past trauma or be a source of new trauma for those citizens doing their civic duty.
   
   “It is important for jurors to be supported in taking care of their wellness following service on a trial that involves serious violence.”
   
4. Argument in Opposition: None submitted.
   
5. Prior Legislation:
   
   1. AB 78 (Ward), of the 2023-2024 Legislative Session, would have increased the compensation for any individual selected to serve as a grand juror. AB 78 was held in the Assembly Appropriations Committee.
      
   2. AB 881 (Ting), of the 2023-2024 Legislative Session, would have extended the existing pilot program authorizing the Superior Court of San Francisco to pay low-income trial jurors $100 per day for each day of service as a trial juror in a criminal case and expanded it to four additional courts as selected by Judicial Council. AB 881 was vetoed.
      
   3. AB 1972 (Ward), of the 2021-2022 Legislative Session, would have increased the compensation for individuals selected to serve as grand jurors. AB 1972 was held in the Senate Appropriations Committee.
      
   4. AB 1981 (Lee) Chapter 326, Statutes of 2022, increased mileage reimbursement for trial jurors and requires Judicial Council to sponsor a pilot program to study whether increases in juror compensation and mileage reimbursement rates increase juror diversity and participation.
      
   5. AB 2866 (Migden), Chapter 127, Statutes of 2000, increased the daily fees for jurors from $5 per day to $15 per day.

REGISTERED SUPPORT / OPPOSITION:

Support

California Council of Community Behavioral Health Agencies

Clue (Clergy and Laity United for Economic Justice)

Freedom to Choose Project

Santa Barbara County District Attorney's Office

Smart Justice California, a Project of Tides Advocacy

Opposition

None submitted

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744