California 2011-2012 Regular Session Status: Enacted

AB 141 — Jurors: electronic communications.

Last action — Chaptered by Secretary of State - Chapter 181, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 13, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires the court in a jury trial to admonish the jury that it is their duty not to converse with, or permit themselves to be addressed by, any other person on any subject of the trial. The court is required to provide the admonishment in a civil proceeding when the jurors are permitted to separate during the trial, and when the case is submitted to the jury, and, in a criminal proceeding, after the jury has been sworn and before the people's opening address, at each adjournment of the court, and when the jurors are permitted by the court to separate after the case is submitted to the jury. An officer having the jury under his or her charge shall not permit any communication to be made to them, or make any himself or herself, as specified. This bill would expand those admonishments to include the conduct of research or dissemination of information on any subject of the trial. The bill would require the court, when admonishing the jury against conversation, research, or dissemination of information pursuant to these provisions, to clearly explain, as part of the admonishment, that the prohibition applies to all forms of electronic and wireless communication. The bill would require the officer in charge of a jury to prevent any form of electronic or wireless communication. (2) Existing law provides that certain acts or omissions in respect to a court of justice, or proceedings therein, are civil contempts of the authority of the court, including, among other things, disobedience of any lawful judgment, order, or process of the court. Existing law also specifies certain criminal contempts of court, punishable as a misdemeanor, including, among other things, resistance willfully offered by a person to the lawful order or process of a court. This bill would make the willful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research, punishable as either a civil or criminal contempt of court pursuant to those provisions. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (3) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 181, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1864.).

  6. Read second time. Ordered to consent calendar.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR.

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 7). Re-referred to Com. on JUD.

  10. Referred to Coms. on PUB. S. and JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 0. Page 981.)

  13. Read second time. Ordered to consent calendar.

  14. From committee: Do pass. To consent calendar. (Ayes 16. Noes 0.) (April 6).

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 15). Re-referred to Com. on APPR.

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee February 13.

  18. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Fuentes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Consent Calendar 2nd

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hancock — Yea
Huff — Yea
Yee — Yea
Cannella — Yea
Correa — Yea
Evans — Yea
Hernandez — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Harman — Not Voting
Corbett — Yea
Dutton — Yea
Alquist — Yea
Pavley — Not Voting
Kehoe — Yea
Rubio — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Vargas — Yea
Wolk — Not Voting
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 141 FUENTES Consent Calendar Second Day

Passed 60 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Republican 0002
Unaffiliated 580016
Democratic 2001
Total 600019
% of votes cast 76%0%0%24%
How each member voted (79)
Member Party Vote
Hagman — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Hueso — Yea
Huffman — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Cook — Yea
Davis — Yea
Nestande — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Feuer — Not Voting
Galgiani — Not Voting
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Gorell — Not Voting
Campos — Yea
Halderman — Yea
Hall — Yea
Chesbro — Yea
Conway — Not Voting
Donnelly — Yea
Knight — Not Voting
Logue — Not Voting
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Solorio — Yea
Torres — Yea
Wagner — Not Voting
Wieckowski — Yea
Williams — Not Voting
Achadjian — Yea
Alejo — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Not Voting
Morrell — Not Voting
Olsen — Not Voting
Skinner — Yea
Butler — Not Voting
Eng — Yea
Dickinson — Yea
Yamada — Yea
Garrick — Not Voting
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Hall — Not Voting
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Campos — Yea
Lara — Yea
Mitchell — Yea
Davis — Yea
Donnelly — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety elections technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 141 do?
(1) Existing law requires the court in a jury trial to admonish the jury that it is their duty not to converse with, or permit themselves to be addressed by, any other person on any subject of the trial. The court is required to provide the admonishment in a civil proceeding when the jurors are permitted to separate during the trial, and when the case is submitted to the jury, and, in a criminal proceeding, after the jury has been sworn and before the people's opening address, at each adjournment of the court, and when the jurors are permitted by the court to separate after the case is submitted to the jury. An officer having the jury under his or her charge shall not permit any communication to be made to them, or make any himself or herself, as specified. This bill would expand those admonishments to include the conduct of research or dissemination of information on any subject of the trial. The bill would require the court, when admonishing the jury against conversation, research, or dissemination of information pursuant to these provisions, to clearly explain, as part of the admonishment, that the prohibition applies to all forms of electronic and wireless communication. The bill would require the officer in charge of a jury to prevent any form of electronic or wireless communication. (2) Existing law provides that certain acts or omissions in respect to a court of justice, or proceedings therein, are civil contempts of the authority of the court, including, among other things, disobedience of any lawful judgment, order, or process of the court. Existing law also specifies certain criminal contempts of court, punishable as a misdemeanor, including, among other things, resistance willfully offered by a person to the lawful order or process of a court. This bill would make the willful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research, punishable as either a civil or criminal contempt of court pursuant to those provisions. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (3) 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.
Who sponsors AB 141?
AB 141 is sponsored by Fuentes.
What is the current status of AB 141?
This bill has been enacted into law. Introduced January 13, 2011. Enacted.
Where can I track AB 141?
Track AB 141 free on One Click Politics — get push/email alerts when it moves.

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