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SB-271 Juries.(2021-2022)



Current Version: 01/03/22 - Amended Senate Compare Versions information image


SB271:v98#DOCUMENT

Amended  IN  Senate  January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 271

Introduced by Senator Wiener
(Principal coauthors: Assembly Members Kalra and Wicks)(Coauthor: Senator Skinner)(Coauthors: Assembly Members Lee, McCarty, and Ting)

January 28, 2021

An act to amend Section 13.5 of the Elections Code, and to repeal Section 24004.3 of the Government Code, relating to local government. 197 of the Code of Civil Procedure, and to add Section 19548.6 to the Revenue and Taxation Code, relating to juries.


LEGISLATIVE COUNSEL'S DIGEST


SB 271, as amended, Wiener. County sheriffs: eligibility requirements. Juries.
(1) Existing state law requires that all persons be selected for state jury service at random and from sources inclusive of a representative cross section of the population of the area served by the court, and specifies that the list of registered voters and the list of licensed drivers and identification cardholders who are resident within the area served by the court, and the list of resident state tax filers, are appropriate source lists for the selection of jurors. Existing law requires the Franchise Tax Board to annually furnish the jury commissioner of each county with a list of resident state tax filers for their county.
This bill would additionally require the Franchise Tax Board to furnish that information to each federal district court in California, if requested.
(2) Existing law generally makes it a misdemeanor for specified persons, including, among others, jury commissioners, to disclose information set forth or disclosed in returns, reports, or documents required to be filed under the franchise and income tax laws.
This bill would require the Franchise Tax Board to enter into a data protection agreement, as defined, with each federal district court seeking a list of resident state tax filers. The bill would make the misdemeanor applicable to employees of a federal district court in California who disclose that information for any purpose other than expanding jury pools. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The California Constitution requires the Legislature to provide for an elected county sheriff in each county. Existing statutory law specifies that a person is not eligible to become a candidate for the office of sheriff in a county unless the person has an advanced certificate issued by the Commission on Peace Officer Standards and Training or meets a combination of certain educational degree and full-time, salaried law enforcement experience requirements, as specified. Existing law deems a person holding the office of sheriff on January 1, 1989, to have met those qualifications.

This bill would repeal those eligibility provisions, and would make other conforming changes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 197 of the Code of Civil Procedure is amended to read:

197.
 (a) All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Sources may include, in addition to other lists, customer mailing lists, telephone directories, or utility company lists.
(b) (1) The list of registered voters and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, are appropriate source lists for selection of jurors. Until January 1, 2022, only these two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).
(2) The list of resident state tax filers is an appropriate source list for selection of jurors. Beginning on January 1, 2022, the list of resident state tax filers, the list of registered voters, and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).
(c) The Department of Motor Vehicles shall furnish the jury commissioner of each county with the current list of the names, addresses, and other identifying information of persons residing in the county who are age 18 years or older and who are holders of a current driver’s license or identification card issued pursuant to Article 3 (commencing with Section 12800) of, or Article 5 (commencing with Section 13000) of, Chapter 1 of Division 6 of the Vehicle Code. The conditions under which these lists shall be compiled semiannually shall be determined by the director, consistent with any rules which may be adopted by the Judicial Council. This service shall be provided by the Department of Motor Vehicles pursuant to Section 1812 of the Vehicle Code. The jury commissioner shall not disclose the information furnished by the Department of Motor Vehicles pursuant to this section to any person, organization, or agency.
(d) (1) The Franchise Tax Board shall annually furnish the jury commissioner of each county with a list of resident state tax filers for their county in consultation with the Judicial Council. The Franchise Tax Board shall furnish to each federal district court in California a list of resident state tax filers for the district upon request.
(2) The list of resident state tax filers shall be submitted to the jury commissioner of each county and each federal district court in California that requests the list by November 1, 2021, and each November 1 thereafter. 1 of each year.
(3) (A) For purposes of this section, “list of resident state tax filers” means a list that includes the name, date of birth, principal residence address, and county of principal residence, as reported by the taxpayer to the Franchise Tax Board, of persons who are 18 years of age or older and have filed a California resident income tax return for the preceding taxable year.
(B) For purposes of this paragraph, “county of principal residence” means the county in which the taxpayer has their principal residence on the date that the taxpayer filed their California resident income tax return.
(C) For the purposes of this paragraph, “principal residence” is used in the same manner it is used in Section 121 of the Internal Revenue Code.

SEC. 2.

 Section 19548.6 is added to the Revenue and Taxation Code, to read:

19548.6.
 (a) The Franchise Tax Board shall, upon request, furnish each federal district court in California that has entered into a data protection agreement with a list of resident state tax filers, as defined in Section 197 of the Code of Civil Procedure, only for the purpose of expanding jury pools.
(b) (1) The Franchise Tax Board shall enter into a data protection agreement with each federal district court in California that elects to obtain a list of resident state tax filers, as defined in Section 197 of the Code of Civil Procedure, from the Franchise Tax Board.
(2) For purposes of this section, “data protection agreement” means a formal agreement for the Franchise Tax Board to furnish a list of resident state tax filers to a federal district court in California for the purpose of expanding jury pools and for the protection of the Franchise Tax Board’s data.
(c) The Franchise Tax Board may provide federal district courts in California with information only with respect to taxpayers in a county of principal residence, as defined in Section 197 of the Code of Civil Procedure, as reported by the taxpayer to the Franchise Tax Board, within the jurisdictional boundaries of the federal district court.
(d) A data protection agreement entered into pursuant to this section shall require that information provided to a federal district court in California shall not be furnished to, or used by, any person other than an employee or contractor of that federal district court designated to process or store the information and shall be utilized in a form and manner to safeguard the information as required by the Franchise Tax Board, including, but not limited to, the following provisions:
(1) The completion of a data exchange security questionnaire for the federal district court in California and any designated contractor provided by the Franchise Tax Board prior to approval of a data exchange by the Franchise Tax Board.
(2) Permission for the Franchise Tax Board to conduct an onsite data protection safeguard review of the federal district court, upon request.
(3) The completion of disclosure training provided by the Franchise Tax Board and a confidentiality statement signed by all employees or contractors with access to information provided by the Franchise Tax Board confirming the requirement of data security with respect to that information and acknowledging awareness of penalties for unauthorized access or disclosure under Sections 19542 and 19552 of this code and Section 502 of the Penal Code.
(4) The federal district court in California shall notify the Franchise Tax Board within 24 hours upon discovery of any incident of unauthorized or suspected unauthorized access or disclosure of the information and shall provide a detailed report of the incident and the parties involved.
(5) All records received by the federal district court in California shall be destroyed in a manner so as to make them unusable or unreadable so an individual record may no longer be ascertained in a timeframe specified by the Franchise Tax Board.
(e) The information provided to the federal district court in California by the Franchise Tax Board under this section is subject to Section 19542, and shall not be used for any purpose other than for expanding jury pools.
(f) Section 19542.1 applies to this section.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 13.5 of the Elections Code is amended to read:
13.5.

(a)(1)Notwithstanding subdivision (a) of Section 13, no person shall be considered a legally qualified candidate for any of the offices set forth in subdivision (b) unless that person has filed a declaration of candidacy, nomination papers, or statement of write-in candidacy, accompanied by documentation, including, but not necessarily limited to, certificates, declarations under penalty of perjury, diplomas, or official correspondence, sufficient to establish, in the determination of the official with whom the declaration or statement is filed, that the person meets each qualification established for service in that office by the provision referenced in subdivision (b).

(2)The provision of “documentation,” for purposes of compliance with the requirements of paragraph (1), may include the submission of either an original, as defined in Section 255 of the Evidence Code, or a duplicate, as defined in Section 260 of the Evidence Code.

(b)This section shall be applicable to the following offices and qualifications therefor:

(1)For the office of county auditor, the qualifications set forth in Sections 26945 and 26946 of the Government Code.

(2)For the office of county district attorney, the qualifications set forth in Sections 24001 and 24002 of the Government Code.

(3)For the office of county superintendent of schools, the qualifications set forth in Sections 1205 to 1208, inclusive, of the Education Code.

(4)For the office of judge of the superior court, the qualifications set forth in Section 15 of Article VI of the California Constitution.

(5)For the office of county treasurer, county tax collector, or county treasurer-tax collector, the qualifications set forth in Section 27000.7 of the Government Code, provided that the board of supervisors has adopted the provisions of that section pursuant to Section 27000.6 of the Government Code.

SEC. 2.Section 24004.3 of the Government Code is repealed.