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 Section 51-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021): (a) All jurors shall be electors, individuals lawfully admitted for permanent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 Public Act No. 21-170 2 of 7 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 Public Act No. 21-170 4 of 7 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 Public Act No. 21-170 5 of 7 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 Public Act No. 21-170 6 of 7 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 Public Act No. 21-170 7 of 7 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.