Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06548 Comm Sub / Bill

Filed 04/22/2021

                     
 
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General Assembly  Substitute Bill No. 6548  
January Session, 2021 
 
 
 
 
 
AN ACT CONCERNING TH E RECOMMENDATIONS OF THE JURY 
SELECTION TASK FORCE .  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 51-217 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2021): 2 
(a) All jurors shall be electors, individuals lawfully admitted for 3 
permanent residence, as defined in 8 USC 1101(a)(20), as amended from 4 
time to time, or citizens of the United States, who are residents of this 5 
state having a permanent place of abode in this state and appear on the 6 
list compiled by the Jury Administrator under subsection (b) of section 7 
51-222a, who have reached the age of eighteen. A person shall be 8 
disqualified to serve as a juror if such person: (1) Is found by a judge of 9 
the Superior Court to exhibit any quality which will impair the capacity 10 
of such person to serve as a juror, except that no person shall be 11 
disqualified because the person is deaf or hard of hearing; (2) [has been 12 
convicted of a felony within the past seven years or is a defendant in a 13 
pending felony case or is in the custody of the Commissioner of 14 
Correction] is in the physical custody of the Commissioner of Correction 15 
within a correctional facility or other similar facility; (3) is not able to 16 
speak and understand the English language; (4) is the Governor, 17 
Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or 18  Substitute Bill No. 6548 
 
 
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Attorney General; (5) is a judge of the Probate Court, Superior Court, 19 
Appellate Court or Supreme Court, is a family support magistrate or is 20 
a federal court judge; (6) is a member of the General Assembly, provided 21 
such disqualification shall apply only while the General Assembly is in 22 
session; (7) is a registrar of voters or deputy registrar of voters of a 23 
municipality, provided such disqualification shall apply only during the 24 
period from twenty-one days before the date of a federal, state or 25 
municipal election, primary or referendum to twenty-one days after the 26 
date of such election, primary or referendum, inclusive; (8) is [seventy] 27 
seventy-five years of age or older and chooses not to perform juror 28 
service; (9) is incapable, by reason of a physical or mental disability, of 29 
rendering satisfactory juror service; or (10) for the jury year commencing 30 
on September 1, 2017, and each jury year thereafter, has served in the 31 
United States District Court for the District of Connecticut as (A) a 32 
federal juror on a matter that has been tried to a jury during the last three 33 
preceding jury years, or (B) a federal grand juror during the last three 34 
preceding jury years. Any person claiming a disqualification under 35 
subdivision (9) of this subsection shall submit to the Jury Administrator 36 
a letter from a licensed health care provider stating the health care 37 
provider's opinion that such disability prevents the person from 38 
rendering satisfactory juror service. In reaching such opinion, the health 39 
care provider shall apply the following guideline: A person shall be 40 
capable of rendering satisfactory juror service if such person is able to 41 
perform a sedentary job requiring close attention for six hours per day, 42 
with short work breaks in the morning and afternoon sessions, for at 43 
least three consecutive business days. Any person claiming a 44 
disqualification under subdivision (10) of this subsection shall supply 45 
proof of federal jury service satisfactory to the Jury Administrator. 46 
(b) The Jury Administrator may determine, in such manner and at 47 
such times as the Jury Administrator deems feasible, whether any 48 
person is qualified to serve as juror under this section and whether any 49 
person may be excused for extreme hardship. 50 
(c) The Jury Administrator shall have the authority to establish and 51  Substitute Bill No. 6548 
 
 
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maintain a list of persons to be excluded from the summoning process, 52 
which shall consist of (1) persons who are disqualified from serving on 53 
jury duty on a permanent basis due to a disability for which a licensed 54 
physician or an advanced practice registered nurse has submitted a 55 
letter stating the physician's or advanced practice registered nurse's 56 
opinion that such disability permanently prevents the person from 57 
rendering satisfactory jury service, (2) persons [seventy] seventy-five 58 
years of age or older who have requested not to be summoned, (3) 59 
elected officials enumerated in subdivision (4) of subsection (a) of this 60 
section and judges enumerated in subdivision (5) of subsection (a) of 61 
this section during their term of office, and (4) persons excused from 62 
jury service pursuant to section 51-217a who have not requested to be 63 
summoned for jury service pursuant to said section. Persons requesting 64 
to be excluded pursuant to subdivisions (1) and (2) of this subsection 65 
must provide the Jury Administrator with their names, addresses, dates 66 
of birth and federal Social Security numbers for use in matching. The 67 
request to be excluded may be rescinded at any time with written notice 68 
to the Jury Administrator.  69 
Sec. 2. Section 51-220 of the general statutes is repealed and the 70 
following is substituted in lieu thereof (Effective July 1, 2023): 71 
(a) The number of jurors to be chosen from each town shall be equal 72 
to a percentage of the town's population rounded off to the nearest 73 
whole number, such percentage to be determined by the Jury 74 
Administrator [. Such population figures shall derive from the last 75 
published census of the United States government.] in accordance with 76 
the provisions of this section and section 51-220a, as amended by this 77 
act. The number of jurors chosen from each town shall reflect the 78 
proportional representation of the population of each town within the 79 
judicial district. The Jury Administrator shall calculate such percentage 80 
by determining each town's proportional share of the population of the 81 
judicial district and dividing that proportional share by the town's yield 82 
ratio. A town's yield ratio shall be calculated by dividing the number of 83 
jurors from such town who, when summoned during the previous 84  Substitute Bill No. 6548 
 
 
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calendar year, complied with the summons to appear for jury service, 85 
by the product that results when the town's proportional share of the 86 
population of the judicial district is multiplied by the total number of 87 
jurors summoned in the judicial district in the previous calendar year. 88 
(b) The Jury Administrator shall derive population figures from the 89 
most recent decennial census. 90 
Sec. 3. Section 51-220a of the general statutes is repealed and the 91 
following is substituted in lieu thereof (Effective October 1, 2022): 92 
(a) Electronic data processing and similar equipment may be used in 93 
the selection, drawing and summoning of jurors under this chapter. At 94 
[his] the Jury Administrator's election, the Jury Administrator may enter 95 
into a computerized data processing file the names of persons appearing 96 
on the list compiled under subsection (b) of section 51-222a, in order to 97 
perform any of the duties prescribed in this chapter.  98 
(b) In carrying out the duties prescribed in section 51-220, as 99 
amended by this act, the Jury Administrator annually shall compile the 100 
number of jurors summoned from each town who complied with the 101 
summons and appeared for jury service. 102 
Sec. 4. Section 51-232 of the general statutes is repealed and the 103 
following is substituted in lieu thereof (Effective July 1, 2022): 104 
(a) The Jury Administrator shall send to each juror drawn, by first 105 
class mail, a notice stating the place where and the time when he or she 106 
is to appear and such notice shall constitute a sufficient summons unless 107 
a judge of said court directs that jurors be summoned in some other 108 
manner. 109 
(b) Such summons or notice shall also state the fact that a juror has a 110 
right to one postponement of the juror's term of juror service for not 111 
more than ten months and may contain any other information and 112 
instructions deemed appropriate by the Jury Administrator. If the date 113 
to which the juror has postponed jury service is improper, unavailable 114  Substitute Bill No. 6548 
 
 
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or inconvenient for the court, the Jury Administrator shall assign a date 115 
of service which, if possible, is reasonably close to the postponement 116 
date selected by the juror. Such notice or summons shall be made 117 
available to any party or to the attorney for such party in an action to be 118 
tried to a jury. The Jury Administrator may grant additional 119 
postponements within or beyond said ten months but not beyond one 120 
year from the original summons date. 121 
(c) The Jury Administrator shall send to a prospective juror a juror 122 
confirmation form and a confidential juror questionnaire. Such 123 
questionnaire shall include questions eliciting the juror's name, age, race 124 
and ethnicity, occupation, education and information usually raised in 125 
voir dire examination. The questionnaire shall inform the prospective 126 
juror that information concerning race and ethnicity is required solely 127 
to enforce nondiscrimination in jury selection, that the furnishing of 128 
such information is not a prerequisite to being qualified for jury service 129 
and that such information need not be furnished if the prospective juror 130 
finds it objectionable to do so. Such juror confirmation form and 131 
confidential juror questionnaire shall be signed by the prospective juror 132 
under penalty of false statement. Copies of the completed 133 
questionnaires shall be provided to the judge and counsel for use during 134 
voir dire or in preparation therefor. Counsel shall be required to return 135 
such copies to the clerk of the court upon completion of the voir dire. 136 
Except for disclosure made during voir dire or unless the court orders 137 
otherwise, information inserted by jurors shall be held in confidence by 138 
the court, the parties, counsel and their authorized agents. Such 139 
completed questionnaires shall not constitute a public record. 140 
(d) The number of jurors in a panel may be reduced when, in the 141 
opinion of the court, such number of jurors is in excess of reasonable 142 
requirements. Such reduction by the clerk shall be accomplished by lot 143 
to the extent authorized by the court and the jurors released shall be 144 
subject to recall for jury duty only if and when required. 145 
(e) In each judicial district, the Chief Court Administrator shall 146 
designate one or more courthouses to be the courthouse to which jurors 147  Substitute Bill No. 6548 
 
 
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[shall] originally shall be summoned. The court may assign any jurors 148 
of a jury pool to attend any courtroom within the judicial district.  149 
(f) On and after July 1, 2022, and until June 30, 2023, for each jury 150 
summons the Jury Administrator finds to be undeliverable, the Jury 151 
Administrator shall cause an additional randomly generated jury 152 
summons to be sent to a juror having a zip code that is the same as to 153 
which the undeliverable summons was sent.  154 
Sec. 5. Subsection (c) of section 51-232 of the general statutes is 155 
repealed and the following is substituted in lieu thereof (Effective October 156 
1, 2022): 157 
(c) (1) The Jury Administrator shall [send] provide to a prospective 158 
juror a juror confirmation form and a confidential juror questionnaire. 159 
Such questionnaire shall include questions eliciting the juror's name, 160 
age, race and ethnicity, gender, occupation, education, [and] 161 
information usually raised in voir dire examination and such other 162 
demographic information determined appropriate by the Judicial 163 
Branch. The questionnaire shall inform the prospective juror that 164 
information concerning race and ethnicity is required solely to enforce 165 
nondiscrimination in jury selection, that the furnishing of such 166 
information is not a prerequisite to being qualified for jury service and 167 
that such information need not be furnished if the prospective juror 168 
finds it objectionable to do so. Such juror confirmation form and 169 
confidential juror questionnaire shall be signed by the prospective juror 170 
under penalty of false statement. Copies of the completed 171 
questionnaires shall be provided to the judge and to counsel for use 172 
during voir dire or in preparation therefor. Counsel shall be required to 173 
return such copies to the clerk of the court upon completion of the voir 174 
dire. Except for disclosure made during voir dire or unless the court 175 
orders otherwise, information inserted by jurors shall be held in 176 
confidence by the court, the parties, counsel and their authorized agents. 177 
Such completed questionnaires shall not constitute a public record.  178 
(2) The Judicial Branch shall compile a record of the demographic 179  Substitute Bill No. 6548 
 
 
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characteristics of all persons who: (A) Are summoned for jury service, 180 
(B) participated in a panel, (C) are subject to a peremptory challenge, (D) 181 
are subject to challenge for cause, and (E) serve on a jury. Such record 182 
shall exclude personally identifiable information and shall be 183 
maintained in a manner that provides free and open access to the 184 
information on the Internet. As used in this subdivision, "personally 185 
identifiable information" means any identifying information that is 186 
linked or linkable to a specific individual. 187 
Sec. 6. Section 51-247 of the general statutes is repealed and the 188 
following is substituted in lieu thereof (Effective October 1, 2021): 189 
(a) Each full-time employed juror shall be paid regular wages by the 190 
juror's employer for the first five days, or part thereof, of jury service. 191 
Such payment shall be subject to the requirements of section 31-71b and 192 
any employer who violates this section shall be subject to the provisions 193 
of sections 31-71g and 31-72. A person shall not be considered a full-time 194 
employed juror on any day of jury service in which such person (1) 195 
would not have accrued regular wages to be paid by the employer if 196 
such person were not serving as a juror on that day, or (2) would not 197 
have worked more than one-half of a shift which extends into another 198 
day if such person were not serving as a juror on that day. Each part-199 
time employed or unemployed juror who has no source of 200 
compensation for the first five days of jury service shall receive a flat fee 201 
equal to the minimum fair wage, as defined in section 31-58, in effect on 202 
the days of jury service, based on an eight-hour day. Each juror not 203 
considered a full-time employed juror on a particular day of jury service 204 
pursuant to subdivision (1) or (2) of this subsection shall be reimbursed 205 
by the state for necessary out-of-pocket expenses incurred during that 206 
day of jury service. [, provided such day of service is within the first five 207 
days, or part thereof, of jury service.] Each part-time employed juror and 208 
unemployed juror shall be reimbursed by the state for necessary out-of-209 
pocket expenses incurred during the first five days, or part thereof, of 210 
jury service. Necessary out-of-pocket expenses shall include, but not be 211 
limited to, [twenty cents] family care at a rate established by the Jury 212  Substitute Bill No. 6548 
 
 
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Administrator under subsection (b) of this section and travel expenses, 213 
based on the privately owned vehicle mileage reimbursement rate 214 
established by the federal General Services Administration, for each 215 
mile of travel from the juror's place of residence to the place of holding 216 
the court and return and shall exclude food. The mileage shall be 217 
determined by the shortest direct route either by highway or by any 218 
regular line of conveyance between the points. A reimbursement award 219 
under this subsection for each day of service shall not be less than 220 
twenty dollars or more than [fifty dollars] the minimum fair wage, as 221 
defined in section 31-58, in effect on the days of jury service, based on 222 
an eight-hour day. For the purposes of this subsection, "full-time 223 
employed juror" means an employee holding a position normally 224 
requiring thirty hours or more of service in each week, which position 225 
is neither temporary nor casual, and includes an employee holding a 226 
position through a temporary help service, as defined in section 31-129, 227 
which position normally requires thirty hours or more of service in each 228 
week, who has been working in that position for a period exceeding 229 
ninety days, and "part-time employed juror" means an employee 230 
holding a position normally requiring less than thirty hours of service 231 
in each week or an employee working on a temporary or casual basis. 232 
In the event that a juror may be considered to be both a full-time 233 
employed juror and a part-time employed juror for any day of the first 234 
five days, or part thereof, of jury service, such juror shall, for the 235 
purposes of this section, be considered to be a full-time employed juror 236 
only. 237 
(b) The Jury Administrator shall establish guidelines for 238 
reimbursement of expenses pursuant to this section. 239 
(c) Each juror who serves more than five days who is not paid by his 240 
or her employer after the fifth day shall be paid by the state for the sixth 241 
day and each day thereafter [at a rate of fifty dollars] a flat fee equal to 242 
the minimum fair wage, as defined in section 31-58, in effect on the days 243 
of jury service, based on an eight-hour day, per day of service. A juror 244 
receiving payment under this subsection shall not be entitled to any 245  Substitute Bill No. 6548 
 
 
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additional reimbursement. An unemployed or part-time employed 246 
juror who serves more than five days shall also be entitled to family care 247 
and travel expenses paid at the rate specified in subsection (a) of this 248 
section and subject to the guidelines established in subsection (b) of this 249 
section.  250 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 51-217 
Sec. 2 July 1, 2023 51-220 
Sec. 3 October 1, 2022 51-220a 
Sec. 4 July 1, 2022 51-232 
Sec. 5 October 1, 2022 51-232(c) 
Sec. 6 October 1, 2021 51-247 
 
JUD Joint Favorable Subst.