SB 344 — AN ACT PROMOTING DIVERSITY IN THE SELECTION OF A JURY PANEL.

General Assembly ProposedCommittee Bill No.

13956052 Referred to Committee on JUDICIARY Introduced by:

SEN.(JUD) AN ACT PROMOTING DIVERSITY IN THE SELECTION OF A JURY PANEL.

BRADLEY, 23rd Dist.

AN ACT ENSURING DIVERSITY IN THE SELECTION OF A JURY PANEL.

ThatSection section1. 51-222a of the general statutes be amended to provide that the Jury Administrator shall ensure that the master or final list of prospective jurors, which is compiled under said section, is racially and ethnically diverse in order to ensure that any impaneled jury is racially and ethnically diverse.

StatementSection 51-222a of Purpose:the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

To(a) ensureAnnually, racialupon andthe ethnicrequest diversityof inthe Jury Administrator, the selectionCommissioner of aMotor juryVehicles panel.shall supply the Jury Administrator with the latest updated file of licensed motor vehicle operators for the state and with the latest updated file of holders of identity cards issued under section 1-1h.

Upon the request of the Jury Administrator, the Commissioner of Revenue Services shall supply the Jury Administrator with the most recent updated list of residents of this state who have a permanent place of abode in this state and who filed a return on personal income under chapter 229 in the last tax year, and the Labor Commissioner shall supply the Jury Administrator with the most recent updated list of residents of this state who are recipients of unemployment compensation under chapter 567.

In addition, upon the request of the Jury Administrator, the registrars of voters of each town LCO No.

6052 1 of 6 Committee Bill No.344 shall supply a list of all electors from their town, except that in lieu of such list from the registrars of voters, the Jury Administrator may obtain the list of all electors from a central repository, or if such list is not available, may contract for the creation and purchase of such list.

The registrars of voters shall provide lists of electors to the contractor at the request of the Jury Administrator.

Annually, upon the request of the Jury Administrator, the Commissioner of Public Health shall supply the Jury Administrator with the most recent updated list of deceased persons.

The lists supplied to the Jury Administrator under this subsection shall be in the format prescribed by the Jury Administrator and shall include, at a minimum, the name, address and, if available, date of birth of each person on such list or the reason for the unavailability.

The lists supplied by the Commissioner of Motor Vehicles, the Commissioner of Revenue Services, the Commissioner of Public Health and the Labor Commissioner to the Jury Administrator under this subsection shall also include the Social Security number of each person on such list or the reason for the unavailability.

The lists of electors supplied to the Jury Administrator by registrars of voters or the Secretary of the State under this subsection shall not include Social Security numbers of persons on such lists.

(b) The Jury Administrator shall compile a list of names of electors, residents of this state appearing on the most recent updated list of operators of motor vehicles licensed pursuant to chapter 246, residents who filed a return on personal income under chapter 229 in the last tax year and recipients of unemployment compensation under chapter 567.

(c) Annually the Jury Administrator shall combine the names from the lists compiled under subsection (b) of this section.

The Jury Administrator shall delete, where possible, duplicate names in order to insure that names occurring on any list are given only a single chance to be selected and shall delete, where possible, the names of persons who may be excluded from the list compiled pursuant to subsection (c) of section 51-217 and the names appearing on the list of deceased LCO No.

6052 2 of 6 Committee Bill No.344 persons supplied by the Commissioner of Public Health.

(d) The Jury Administrator shall select, at random from the list compiled as provided in subsection (c) of this section, the number of names required by section 51-220.

These names for each town in the state and the names of persons whose jury service was continued from the previous jury year shall constitute such town's final list of prospective jurors for service starting the next succeeding September.

The final list for each town shall contain the name and street address of each prospective juror.

In the event that a new master file is unavailable or defective, the Chief Court Administrator may authorize the Jury Administrator to continue to summon jurors from the list compiled pursuant to subsection (c) of this section during the previous year.

(e) When determining the final list, the Jury Administrator shall take such measures as may be necessary to ensure that (1) such list consists of the names of persons who represent a fair cross section of the community, and (2) there is no systemic exclusion of any group of persons in the jury selection process.

If the Jury Administrator determines at any time that there is a need to supplement the number of names on the final list of jurors for each town within a judicial district, the Jury Administrator, so far as he or she is able, shall select in proportion to the population of each town, at random, from the names not selected pursuant to subsection (d) of this section such number of prospective jurors as the Jury Administrator determines is necessary.

Sec.

2.

Section 51-240 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) In any civil action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror outside the presence of other prospective jurors as to his qualifications to sit as a juror in the action, or as to his interest, if any, in the subject matter of the action, or as to his relations with the parties thereto.

13956052 13 of 16 Committee Bill No.344 (b) If the judge before whom the examination is held is of the opinion from the examination that any juror would be unable to render a fair and impartial verdict, the juror shall be excused by the judge from any further service upon the panel, or in the action, as the judge determines.

(c) The right of examination shall not be abridged by requiring questions to be put to any juror in writing and submitted in advance of the commencement of the action.

(d) Prior to the commencement of any civil action tried before a jury, each party personally, or through such party's counsel, shall be afforded the opportunity to make a statement on the record, before the judge who is to preside over such action, that specifically addresses whether such party or counsel believes that the impaneled jury represents a fair cross section of the community.

The judge, after hearing any such statement from the parties or their counsel, shall make a finding on the record as to whether the impaneled jury represents a fair cross section of the community.

If the judge finds that the impaneled jury does not represent a fair cross section of the community, the judge shall communicate such finding to the parties, their counsel and the Jury Administrator and the civil action shall be returned to the Jury Administrator for such further proceedings as may be necessary to ensure that the impaneled jury represents a fair cross section of the community.

Sec.

3.

Section 54-82f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

(a) In any criminal action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror outside the presence of other prospective jurors as to his qualifications to sit as a juror in the action, or as to his interest, if any, in the subject matter of the action, or as to his relations with the parties thereto.

If the judge before whom the examination is held is of the opinion from the examination that any juror would be unable to render a fair and LCO No.