Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06548 Chaptered / Bill

Filed 06/25/2021

                     
 
 
Substitute House Bill No. 6548 
 
Public Act No. 21-170 
 
 
AN ACT CONCERNING THE 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 Section 51-217 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2021): 
(a) All jurors shall be electors, individuals lawfully admitted for 
permanent residence, as defined in 8 USC 1101(a)(20), as amended from 
time to time, or citizens of the United States, who are residents of this 
state having a permanent place of abode in this state and appear on the 
list compiled by the Jury Administrator under subsection (b) of section 
51-222a, who have reached the age of eighteen. A person shall be 
disqualified to serve as a juror if such person: (1) Is found by a judge of 
the Superior Court to exhibit any quality which will impair the capacity 
of such person to serve as a juror, except that no person shall be 
disqualified because the person is deaf or hard of hearing; (2) has been 
convicted of a felony within the past [seven] three years or is a 
defendant in a pending felony case or is in the custody of the 
Commissioner of Correction; (3) is not able to speak and understand the 
English language; (4) is the Governor, Lieutenant Governor, Secretary 
of the State, Treasurer, Comptroller or Attorney General; (5) is a judge 
of the Probate Court, Superior Court, Appellate Court or Supreme  Substitute House Bill No. 6548 
 
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Court, is a family support magistrate or is a federal court judge; (6) is a 
member of the General Assembly, provided such disqualification shall 
apply only while the General Assembly is in session; (7) is a registrar of 
voters or deputy registrar of voters of a municipality, provided such 
disqualification shall apply only during the period from twenty-one 
days before the date of a federal, state or municipal election, primary or 
referendum to twenty-one days after the date of such election, primary 
or referendum, inclusive; (8) is [seventy] seventy-five years of age or 
older and chooses not to perform juror service; (9) is incapable, by 
reason of a physical or mental disability, of rendering satisfactory juror 
service; or (10) for the jury year commencing on September 1, 2017, and 
each jury year thereafter, has served in the United States District Court 
for the District of Connecticut as (A) a federal juror on a matter that has 
been tried to a jury during the last three preceding jury years, or (B) a 
federal grand juror during the last three preceding jury years. Any 
person claiming a disqualification under subdivision (9) of this 
subsection shall submit to the Jury Administrator a letter from a licensed 
health care provider stating the health care provider's opinion that such 
disability prevents the person from rendering satisfactory juror service. 
In reaching such opinion, the health care provider shall apply the 
following guideline: A person shall be capable of rendering satisfactory 
juror service if such person is able to perform a sedentary job requiring 
close attention for six hours per day, with short work breaks in the 
morning and afternoon sessions, for at least three consecutive business 
days. Any person claiming a disqualification under subdivision (10) of 
this subsection shall supply proof of federal jury service satisfactory to 
the Jury Administrator. 
(b) The Jury Administrator may determine, in such manner and at 
such times as the Jury Administrator deems feasible, whether any 
person is qualified to serve as juror under this section and whether any 
person may be excused for extreme hardship.  Substitute House Bill No. 6548 
 
Public Act No. 21-170 	3 of 7 
 
(c) The Jury Administrator shall have the authority to establish and 
maintain a list of persons to be excluded from the summoning process, 
which shall consist of (1) persons who are disqualified from serving on 
jury duty on a permanent basis due to a disability for which a licensed 
physician or an advanced practice registered nurse has submitted a 
letter stating the physician's or advanced practice registered nurse's 
opinion that such disability permanently prevents the person from 
rendering satisfactory jury service, (2) persons [seventy] seventy-five 
years of age or older who have requested not to be summoned, (3) 
elected officials enumerated in subdivision (4) of subsection (a) of this 
section and judges enumerated in subdivision (5) of subsection (a) of 
this section during their term of office, and (4) persons excused from 
jury service pursuant to section 51-217a who have not requested to be 
summoned for jury service pursuant to said section. Persons requesting 
to be excluded pursuant to subdivisions (1) and (2) of this subsection 
must provide the Jury Administrator with their names, addresses, dates 
of birth and federal Social Security numbers for use in matching. The 
request to be excluded may be rescinded at any time with written notice 
to the Jury Administrator.  
Sec. 2. Section 51-220 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective July 1, 2023): 
(a) The number of jurors to be chosen from each town shall be equal 
to a percentage of the town's population rounded off to the nearest 
whole number, such percentage to be determined by the Jury 
Administrator [. Such population figures shall derive from the last 
published census of the United States government.] in accordance with 
the provisions of this section and section 51-220a, as amended by this 
act. The number of jurors chosen from each town shall reflect the 
proportional representation of the population of each town within the 
judicial district. The Jury Administrator shall calculate such percentage 
by determining each town's proportional share of the population of the  Substitute House Bill No. 6548 
 
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judicial district and dividing that proportional share by the town's yield 
ratio. A town's yield ratio shall be calculated by dividing the number of 
jurors from such town who, when summoned during the previous court 
year, complied with the summons to appear for jury service, by the 
product that results when the town's proportional share of the 
population of the judicial district is multiplied by the total number of 
jurors summoned in the judicial district in the previous court year. For 
purposes of this subsection, "court year" means a one-year period 
beginning on September first and ending on August thirty-first of the 
following year. 
(b) The Jury Administrator shall derive population figures from the 
most recent decennial census. 
Sec. 3. Section 51-220a of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
(a) Electronic data processing and similar equipment may be used in 
the selection, drawing and summoning of jurors under this chapter. At 
[his] the Jury Administrator's election, the Jury Administrator may enter 
into a computerized data processing file the names of persons appearing 
on the list compiled under subsection (b) of section 51-222a, in order to 
perform any of the duties prescribed in this chapter.  
(b) In carrying out the duties prescribed in section 51-220, as 
amended by this act, the Jury Administrator annually shall compile the 
number of jurors summoned from each town who complied with the 
summons and appeared for jury service. 
Sec. 4. Section 51-232 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective July 1, 2022): 
(a) The Jury Administrator shall send to each juror drawn, by first 
class mail, a notice stating the place where and the time when he or she 
is to appear and such notice shall constitute a sufficient summons unless  Substitute House Bill No. 6548 
 
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a judge of said court directs that jurors be summoned in some other 
manner. 
(b) Such summons or notice shall also state the fact that a juror has a 
right to one postponement of the juror's term of juror service for not 
more than ten months and may contain any other information and 
instructions deemed appropriate by the Jury Administrator. If the date 
to which the juror has postponed jury service is improper, unavailable 
or inconvenient for the court, the Jury Administrator shall assign a date 
of service which, if possible, is reasonably close to the postponement 
date selected by the juror. Such notice or summons shall be made 
available to any party or to the attorney for such party in an action to be 
tried to a jury. The Jury Administrator may grant additional 
postponements within or beyond said ten months but not beyond one 
year from the original summons date. 
(c) The Jury Administrator shall send to a prospective juror a juror 
confirmation form and a confidential juror questionnaire. Such 
questionnaire shall include questions eliciting the juror's name, age, race 
and ethnicity, occupation, education and information usually raised in 
voir dire examination. The questionnaire shall inform the prospective 
juror that information concerning race and ethnicity is required solely 
to enforce nondiscrimination in jury selection, that the furnishing of 
such information is not a prerequisite to being qualified for jury service 
and that such information need not be furnished if the prospective juror 
finds it objectionable to do so. Such juror confirmation form and 
confidential juror questionnaire shall be signed by the prospective juror 
under penalty of false statement. Copies of the completed 
questionnaires shall be provided to the judge and counsel for use during 
voir dire or in preparation therefor. Counsel shall be required to return 
such copies to the clerk of the court upon completion of the voir dire. 
Except for disclosure made during voir dire or unless the court orders 
otherwise, information inserted by jurors shall be held in confidence by  Substitute House Bill No. 6548 
 
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the court, the parties, counsel and their authorized agents. Such 
completed questionnaires shall not constitute a public record. 
(d) The number of jurors in a panel may be reduced when, in the 
opinion of the court, such number of jurors is in excess of reasonable 
requirements. Such reduction by the clerk shall be accomplished by lot 
to the extent authorized by the court and the jurors released shall be 
subject to recall for jury duty only if and when required. 
(e) In each judicial district, the Chief Court Administrator shall 
designate one or more courthouses to be the courthouse to which jurors 
[shall] originally shall be summoned. The court may assign any jurors 
of a jury pool to attend any courtroom within the judicial district.  
(f) On and after July 1, 2022, and until June 30, 2023, for each jury 
summons the Jury Administrator finds to be undeliverable, the Jury 
Administrator shall cause an additional randomly generated jury 
summons to be sent to a juror having a zip code that is the same as to 
which the undeliverable summons was sent.  
Sec. 5. Subsection (c) of section 51-232 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective October 
1, 2022): 
(c) (1) The Jury Administrator shall [send] provide to a prospective 
juror a juror confirmation form and a confidential juror questionnaire. 
Such questionnaire shall include questions eliciting the juror's name, 
age, race and ethnicity, gender, occupation, education, [and] 
information usually raised in voir dire examination and such other 
demographic information determined appropriate by the Judicial 
Branch. The questionnaire shall inform the prospective juror that 
information concerning race and ethnicity is required solely to enforce 
nondiscrimination in jury selection, that the furnishing of such 
information is not a prerequisite to being qualified for jury service and  Substitute House Bill No. 6548 
 
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that such information need not be furnished if the prospective juror 
finds it objectionable to do so. Such juror confirmation form and 
confidential juror questionnaire shall be signed by the prospective juror 
under penalty of false statement. Copies of the completed 
questionnaires shall be provided to the judge and to counsel for use 
during voir dire or in preparation therefor. Counsel shall be required to 
return such copies to the clerk of the court upon completion of the voir 
dire. Except for disclosure made during voir dire or unless the court 
orders otherwise, information inserted by jurors shall be held in 
confidence by the court, the parties, counsel and their authorized agents. 
Such completed questionnaires shall not constitute a public record.  
(2) The Judicial Branch shall compile a record of the demographic 
characteristics of all persons who: (A) Are summoned for jury service, 
(B) participated in a panel, (C) are subject to a peremptory challenge, (D) 
are subject to challenge for cause, and (E) serve on a jury. Such record 
shall exclude personally identifiable information and shall be 
maintained in a manner that provides free and open access to the 
information on the Internet. As used in this subdivision, "personally 
identifiable information" means any identifying information that is 
linked or linkable to a specific individual.