California Assembly Bill AB2217 Introduced / Bill

 BILL NUMBER: AB 2217INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Fuentes FEBRUARY 18, 2010 An act to amend Sections 611 and 613 of the Code of Civil Procedure, and to amend Sections 1122 and 1128 of the Penal Code, relating to jurors. LEGISLATIVE COUNSEL'S DIGEST AB 2217, as introduced, Fuentes. Jurors: electronic communications. Existing law requires the court in a jury trial to admonish the jury that it is their duty not to converse with, or permit themselves to be addressed by, any other person on any subject of the trial. The court is required to provide the admonishment in a civil proceeding when the jurors are permitted to separate during the trial, and when the case is submitted to the jury, and, in a criminal proceeding, after the jury has been sworn and before the people's opening address, at each adjournment of the court, and when the jurors are permitted by the court to separate after the case is submitted to the jury. An officer having the jury under his or her charge shall not permit any communication to be made to them, or make any himself or herself, as specified. This bill would require the court, when admonishing the jury against conversation pursuant to these provisions, to clearly explain, as part of the admonishment, that the prohibition on conversation applies to all forms of electronic and wireless communication. The bill would require the officer in charge of a jury to prevent any form of electronic or wireless communication. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 611 of the Code of Civil Procedure is amended to read: 611. If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the  Court   court  that it is their duty not to converse with, or  suffer   permit  themselves to be addressed by  ,  any other person  ,  on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.  The court shall clearly explain, as part of the admonishment, that the prohibition on conversation applies to all forms of electronic and wireless communication.  SEC. 2. Section 613 of the Code of Civil Procedure is amended to read: 613. When the case is finally submitted to the jury, they may decide in  Court   court  or retire for deliberation  ; if   . If  they retire, they must be kept together  ,  in some convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the  Court   court  . Unless by order of the  Court   court  , the officer having them under his  or her  charge  must   shall  not  suffer   permit  any communication to be made to them,  including any form or electronic or wireless communication,  or make any himself  or herself  , except to ask them if they or three-fourths of them are agreed upon a verdict  , and he must   . The officer shall  not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon. SEC. 3. Section 1122 of the Penal Code is amended to read: 1122. (a) After the jury has been sworn and before the people's opening address, the court shall instruct the jury generally concerning its basic functions, duties, and conduct. The instructions shall include, among other matters,  all of the following  admonitions  that   :   (1)     That  the jurors shall not converse among themselves, or with anyone else, on any subject connected with the trial  ; that   . The court shall clearly explain, as part of the admonishment, that the prohibition on conversation applies to all forms of electronic and wireless communication.   (2)     That  they shall not read or listen to any accounts or discussions of the case reported by newspapers or other news media  ; that   .   (3)     That  they shall not visit or view the premises or place where the offense or offenses charged were allegedly committed or any other premises or place involved in the case  ; that   .   (4)     That  prior to, and within 90 days of, discharge, they shall not request, accept, agree to accept, or discuss with any person receiving or accepting, any payment or benefit in consideration for supplying any information concerning the trial  ; and that   .   (5)     That  they shall promptly report to the court any incident within their knowledge involving an attempt by any person to improperly influence any member of the jury. (b) The jury shall also, at each adjournment of the court before the submission of the cause to the jury, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves, or with anyone else, on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.  The court shall clearly explain, as part of the admonishment, that the prohibition on conversation applies to all forms of electronic and wireless communication.  SEC. 4. Section 1128 of the Penal Code is amended to read: 1128. After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring for deliberation, an officer  must   shall  be sworn to keep them together for deliberation in some private and convenient place, and, during  such   the  deliberation, not to permit any person to speak to or communicate with them,  including any form or electronic or wireless communicat   ion,  nor to do so himself  or herself  , unless by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court. The court shall fix the time and place for deliberation. The jurors shall not deliberate on the case except under  such   those  circumstances. If the jurors are permitted by the court to separate, the court shall properly admonish them  as provided in subdivision (b) of Section 1122  .  When   If  the jury is composed of both men and women  ,  and the jurors are not permitted by the court to separate, in the event that it  shall become   becomes  necessary to retire for the night, the women  must   shall  be kept in a room or rooms separate and apart from the men.