Substitute Senate Bill No. 1124
Substitute Senate Bill No. 1124
PUBLIC ACT NO. 97-200
AN ACT CONCERNING JURORS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (a) of section 12-15 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No officer or employee, including any
former officer or former employee, of the state or
of any other person who has or had access to
returns or return information in accordance with
subdivision (2) of subsection (c) of this section
shall disclose any return or return information,
except as hereinafter provided. The commissioner
may disclose (1) returns or return information to
another state agency or office, upon written
request by the head of such agency or office, when
required in the course of duty or when there is
reasonable cause to believe that any state law is
being violated, provided no such agency or office
shall disclose such returns or return information,
other than in a judicial or administrative
proceeding to which such agency or office is a
party pertaining to the enforcement of state law,
in a form which can be associated with, or
otherwise identify, directly or indirectly, a
particular taxpayer EXCEPT THAT THE NAMES AND
ADDRESSES OF JURORS OR POTENTIAL JURORS AND THE
FACT THAT THE NAMES WERE DERIVED FROM THE LIST OF
TAXPAYERS PURSUANT TO CHAPTER 884 MAY BE DISCLOSED
BY THE JUDICIAL BRANCH; (2) returns or return
information to the Auditors of Public Accounts,
when required in the course of duty under chapter
23; (3) returns or return information to tax
officers of another state or of a Canadian
province or of a political subdivision of such
other state or province or of the District of
Columbia or to any officer of the United States
Treasury Department or the United States
Department of Health and Human Services,
authorized for such purpose in accordance with an
agreement between this state and such other state,
province, political subdivision, the District of
Columbia or department, respectively, when
required in the administration of taxes imposed
under the laws of such other state, province,
political subdivision, the District of Columbia or
the United States, respectively, and when a
reciprocal arrangement exists; (4) returns or
return information in any action, case or
proceeding in any court of competent jurisdiction,
when the commissioner or any other state
department or agency is a party, and when such
information is directly involved in such action,
case or proceeding; (5) returns or return
information to a taxpayer or its authorized
representative, upon written request for a return
filed by or return information on such taxpayer;
(6) returns to a successor, receiver, trustee,
executor, administrator, assignee, guardian or
guarantor of a taxpayer, when such person
establishes, to the satisfaction of the
commissioner, that he has a material interest
which will be affected by information contained in
such return; (7) information to the assessor of a
Connecticut municipality, when the information
disclosed is limited to (A) a list of real or
personal property that is or may be subject to
property taxes in such municipality or (B) a list
containing the name of each person who is issued
any license, permit or certificate which is
required, under the provisions of this title, to
be conspicuously displayed and whose address is in
such municipality; (8) real estate conveyance tax
return information or controlling interest
transfer tax return information to the town clerk
of a Connecticut municipality; AND (9) RETURN
INFORMATION TO THE JURY ADMINISTRATOR, WHEN THE
INFORMATION DISCLOSED IS LIMITED TO THE NAMES,
ADDRESSES, FEDERAL SOCIAL SECURITY NUMBERS AND
DATES OF BIRTH, IF AVAILABLE, OF RESIDENTS OF THIS
STATE, AS DEFINED IN SUBDIVISION (1) OF SUBSECTION
(a) OF SECTION 12-701. Any person who violates any
provision of this section shall be fined not more
than one thousand dollars or imprisoned not more
than one year or both.
Sec. 2. Section 47a-45 of the general statutes
is repealed and the following is substituted in
lieu thereof:
If motion is made for a jury, the names of the
jurors to compose a six person panel to try such
cause shall be drawn, by the clerk of the court in
which the case is to be tried, from the jury box
in the same manner as is provided by law in civil
cases. A sufficient number shall be drawn to allow
for three peremptory challenges on each side and
three peremptory challenges shall be allowed to
each side. The judge shall excuse any juror whom
he finds disqualified to sit on such case. [Jurors
shall not be drawn from the town in which the
premises wherein the alleged injury took place are
situated.] The jury shall be impaneled and sworn
to inquire into the complaint brought under
section 47a-43.
Sec. 3. Section 51-217 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) All jurors shall be electors, or citizens
of the United States who are residents of this
state having a permanent place of abode in this
state and [are listed in the records of the
Department of Motor Vehicles as persons to whom
motor vehicle operators' licenses have been issued
or, for the juror selection process commencing
September 1, 1997,] appear on the list compiled by
the Jury Administrator under subsection (b) of
section 51-222a, AS AMENDED BY SECTION 6 OF THIS
ACT, 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 his capacity to serve as a juror, except
that no person shall be disqualified on the basis
of deafness or hearing impairment; (2) has been
convicted of a felony within the past seven 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 Superior Court, Appellate Court or Supreme
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 seventy years of age or older and
chooses not to perform juror service; or (8) is
incapable, by reason of a physical or mental
disability, of rendering satisfactory juror
service. Any person claiming a disqualification
under subdivision (8) of this subsection must
submit to the Jury Administrator a letter from a
licensed physician stating [the nature of the
disability and] the physician's opinion that such
disability prevents the person from rendering
satisfactory juror service. In reaching such
opinion, the physician 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.
(b) The Jury Administrator may determine, in
such manner and at such times as he deems
feasible, whether any person is qualified to serve
as juror under this section and whether any person
may be excused for extreme hardship.
Sec. 4. Section 51-219a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Jury Administrator, who is appointed
in accordance with section 51-10 and subject to
supervision by the Chief Court Administrator,
shall be responsible for [the design,
implementation and maintenance of a computerized
electronic data processing system for] qualifying,
summoning, selecting, managing and utilizing
jurors in the Superior Court.
(b) The Jury Administrator, subject to the
approval of the Chief Court Administrator, shall
have the authority to study and to implement
procedures for the improvement of jury
administration, for the reduction of costs of
selection and management of jurors, and for the
more effective utilization of jurors.
Sec. 5. Section 51-220a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Electronic data processing and similar
equipment may be used in the selection, drawing
and summoning of jurors under this chapter. At his
election, the Jury Administrator may enter into a
computerized data processing file [the names of
persons selected by jury committees of towns
within any judicial district and the names of
persons selected from the records of the
Department of Motor Vehicles pertaining to motor
vehicle operators' licenses as provided in section
51-222a, or, for the juror selection process
commencing September 1, 1997,] the names of
persons appearing on the list compiled under
subsection (b) of [said] section 51-222a, AS
AMENDED BY SECTION 6 OF THIS ACT, in order to
perform [the following tasks with the use of
equipment, including electronic data processing
equipment: (1) The drawing by lot or by random of
the names of jurors to be summoned to any court
location and the addressing and mailing of
summonses for such jurors; and (2) the furnishing
to the clerk of court, where the jurors are
summoned to appear, a set of slips containing the
names of the jurors, a list in alphabetical order
by town and by name within the town of the jurors
summoned to appear and such other documentation as
the Jury Administrator deems feasible] ANY OF THE
DUTIES PRESCRIBED IN THIS CHAPTER.
Sec. 6. Section 51-222a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Annually, upon the request of the Jury
Administrator, the Commissioner of Motor Vehicles
shall supply the Jury Administrator with the
latest updated file of licensed motor vehicle
operators for the state. [For the juror selection
process commencing September 1, 1997, and annually
thereafter, upon the request of the Jury
Administrator and subject to any provision of the
general statutes prohibiting the disclosure of the
identity of individuals, the Commissioner of Motor
Vehicles shall supply the Jury Administrator with
the most recent updated list of residents of this
state who are licensed motor vehicle operators or
registered motor vehicle owners under chapter 246,
the] 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 are
subject to taxation on personal income under
chapter 229 [, the Commissioner of Social Services
shall supply the Jury Administrator with the most
recent updated list of residents of this state who
are recipients of public assistance] 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
REGISTRAR OF VOTERS OF EACH TOWN SHALL SUPPLY A
LIST OF ALL ELECTORS FROM THEIR TOWN, EXCEPT THAT
IN LIEU OF SUCH LIST FROM THE REGISTRAR 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. 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, THE FEDERAL SOCIAL SECURITY
NUMBER AND DATE OF BIRTH OF EACH PERSON ON SUCH
LIST OR THE REASON FOR THE UNAVAILABILITY.
(b) [For the juror selection process
commencing September 1, 1997, the] THE Jury
Administrator shall compile a list of names [that,
subject to any provision of the general statutes
prohibiting the disclosure of the identity of
individuals, includes, but is not limited to,
names] of ELECTORS, residents of this state
appearing on the most recent updated list of
operators of motor vehicles licensed pursuant to
chapter 246, [owners of motor vehicles registered
pursuant to chapter 246,] residents subject to
taxation on personal income under chapter 229 [,
recipients of public assistance,] and recipients
of unemployment compensation under chapter 567.
[If the Jury Administrator, in compiling the list
of names under this subsection, determines that
any of the specific lists of names set forth in
this subsection cannot be incorporated into such
compiled list, he shall notify the judiciary
committee of the General Assembly of the reasons
therefor not later than February 1, 1997.
(c) On or before February first of each year,
the Jury Administrator shall begin to compile a
combined list of names for each town in the state.
The compilation of such list shall be performed in
the following manner: (1) The Jury Administrator
shall compare the names on the jury committee list
for each town submitted under section 51-221 with
the names of licensed motor vehicle operators for
each town received under subsection (a) of this
section or, for the juror selection process
commencing September 1, 1997, with the names on
the list]
(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. [(2) The Jury Administrator
shall determine what percentage of the voter list
of each town is selected to meet the requirement
established for such town under section 51-220. He
shall then use such percentage to draw a list of
names from the licensed motor vehicle operators'
list for such town or, for the juror selection
process commencing September 1, 1997, the list
compiled under subsection (b) of this section. (3)
The Jury Administrator shall then (A) combine the
names from each town jury committee list that did
not appear on the licensed motor vehicle
operators' list for such town with the list of
names selected from the licensed motor vehicle
operators' list for such town or, (B) for the
juror selection process commencing September 1,
1997, after removing duplicate names, combine the
remaining names on all lists.]
(d) [At his election, the] THE Jury
Administrator shall select, by random [or by
rotation,] 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.
(e) 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 is able, shall select
in proportion to the population of each town, by
random, [or by rotation,] from the names not
selected pursuant to subsection (d) of this
section such number of prospective jurors as he
determines is necessary.
Sec. 7. Section 51-224 of the general statutes
is repealed and the following is substituted in
lieu thereof:
[If the jury committee of any town or city
fails to send in a list of names of jurors as
provided in section 51-221 or fails to comply with
an order of the Jury Administrator as provided in
subsection (f) of section 51-221, or] IF A
REGISTRAR OF VOTERS OF A TOWN, AFTER A REQUEST
FROM THE JURY ADMINISTRATOR PURSUANT TO SECTION
51-222a, AS AMENDED BY SECTION 6 OF THIS ACT,
FAILS TO PROVIDE THE LIST TO THE JURY
ADMINISTRATOR OR TO THE JURY ADMINISTRATOR'S
REPRESENTATIVE, THE JURY ADMINISTRATOR SHALL
NOTIFY THE STATE'S ATTORNEY FOR THE JUDICIAL
DISTRICT OF THE TOWN FROM WHICH SUCH LIST HAS NOT
BEEN RECEIVED AND SHALL, AT THE SAME TIME, NOTIFY
THE REGISTRAR OF VOTERS OF SUCH TOWN THAT SUCH
LIST HAS NOT BEEN RECEIVED. IN ADDITION, if the
Jury Administrator HAS NOT RECEIVED A LIST FROM A
REGISTRAR OF VOTERS OF A TOWN, AND determines
there is a need for additional jurors, the Jury
Administrator shall [, so far as he is able,]
select from the [electors of the town or city and
from the licensed motor vehicle operators' list
or, for the juror selection process commencing
September 1, 1997, from the] list compiled under
subsection (b) of section 51-222a, AS AMENDED BY
SECTION 6 OF THIS ACT, the names of as many
persons as are necessary to make up the number of
jurors provided for that town or city, who are in
his judgment qualified and eligible to serve.
Sec. 8. Section 51-234 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Office of the Chief Court Administrator
shall provide a suitable assembly room in the
courthouse for the common jury panel. [drawn under
the provisions of section 51-231.]
Sec. 9. Section 51-232 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The [clerk of the court or the] Jury
Administrator shall send to each juror drawn,
[under the provisions of section 51-231,] by first
class mail, a notice stating the place where and
the time when he is to appear and such notice
shall constitute a sufficient summons unless 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 his term of juror service for not
more than one year 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 his attorney in an action to be tried to
a jury.
(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
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 be summoned. THE COURT MAY ASSIGN
ANY JURORS OF A JURY POOL TO ATTEND ANY COURTROOM
WITHIN THE JUDICIAL DISTRICT.
Sec. 10. Sections 51-221, 51-222 and 51-231 of
the general statutes are repealed.
Approved June 26, 1997