LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548-R01- HB.docx 1 of 9 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 Section 51-217 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2021): 2 (a) All jurors shall be electors, individuals lawfully admitted for 3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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 2 of 9 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 3 of 9 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 4 of 9 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 5 of 9 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 6 of 9 [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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 7 of 9 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 8 of 9 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06548- R01-HB.docx } 9 of 9 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.