PRINTER'S NO. 93
No. 116 Session of 2007
INTRODUCED BY COSTA, GREENLEAF, FONTANA, TARTAGLIONE, ORIE,
KITCHEN, STOUT, EARLL, MUSTO, O'PAKE, C. WILLIAMS,
WASHINGTON, WOZNIAK, LAVALLE, BROWNE, MELLOW, FERLO AND
LOGAN, FEBRUARY 9, 2007
REFERRED TO JUDICIARY, FEBRUARY 9, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 selection of prospective jurors.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4521(a) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4521. Selection of prospective jurors.
9 (a) Preparation of master list of prospective jurors.--
10 (1) At least annually the jury selection commission
11 shall prepare a master list of prospective jurors[.] that
12 shall contain the most recent available address for
13 prospective jurors.
14 (2) The list shall also contain all voter registration
15 lists for the county, which lists may be incorporated by
16 reference, or names from such other lists which in the
17 opinion of the commission will provide a number of names of
1 prospective jurors which is equal to or greater than the
2 number of names contained in the voter registration list.
3 (3) The commission may, but will not be required to,
4 supplement the master list of prospective jurors to include,
5 without being limited to, persons in any of the following
6 categories:
7 [(1)] (i) Persons listed in telephone, city, municipal
8 directories and similar directories.
9 [(2) Persons who pay taxes or are assessed for taxes
10 imposed by any political subdivisions.
11 (3)] (ii) Persons in the county participating in any
12 State, county or local program authorized by law and, to the
13 extent such names are available, persons participating in any
14 Federal program authorized by law.
15 [(4)] (iii) Persons who are on school census lists.
16 [(5)] (iv) Any other person whose name does not appear
17 in the master list of prospective jurors and who meets the
18 qualifications for jurors set forth in this chapter and who
19 makes application to the commission to be listed on the
20 master list of prospective jurors.
21 (v) Persons who appear on the list provided to the
22 county pursuant to section 4521.1 (relating to Statewide
23 jury information system) may be used to supplement or
24 substitute the master jury list.
25 * * *
26 Section 2. Title 42 is amended by adding a section to read:
27 § 4521.1. Statewide jury information system.
28 (a) General rule.--Notwithstanding any prohibition found in
29 any other law, regulation or rule to the contrary, the following
30 departments shall submit to the Court Administrator of
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1 Pennsylvania, in a format provided herein, a list of individuals
2 as designated for that department to be included in a Statewide
3 jury information system on or before June 30 of each year:
4 (1) The Department of Public Welfare - every individual
5 resident in this Commonwealth who receives cash assistance or
6 food stamps pursuant to a Federal or State program through
7 the department except as prohibited by Federal law or
8 regulation.
9 (2) The Department of Transportation - every individual
10 resident in this Commonwealth who has been issued a driver's
11 license pursuant to 75 Pa.C.S Ch. 15 (relating to licensing
12 of drivers).
13 (3) The Department of Revenue - every individual
14 resident who files a return for the payment of taxes imposed
15 by the Commonwealth under Article III of the act of March 4,
16 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
17 (4) The Department of State - every individual resident
18 who is listed as a registered voter under 25 Pa.C.S. Pt. IV
19 (relating to voter registration).
20 (b) Identifying information.--Each list submitted by a
21 department pursuant to subsection (a) shall contain only the
22 following identifying information of an individual to be
23 included in the Statewide jury information system:
24 (1) Name, including first, middle and last names.
25 (2) Except as provided in 23 Pa.C.S. Ch. 67 (relating to
26 domestic and sexual violence victim address confidentiality),
27 each individual's street address, municipality and zip code.
28 (3) Date of birth, if available.
29 (4) The last four digits of the individual's Social
30 Security number.
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1 (c) Duties of Court Administrator.--The Court Administrator
2 shall annually collect information for creation of a Statewide
3 jury information system. This shall be completed by:
4 (1) Collecting the names from the departments as
5 submitted under subsection (a).
6 (2) Combining each individual department list submitted
7 into a master list.
8 (3) Removing any information that identifies the source
9 of the information submitted pursuant to subsection (a).
10 (4) Assembling the names into groups arranged by the
11 county of residence for each individual on the master list.
12 (5) Removing duplicate names from each county list.
13 (d) Dissemination.--Upon request from the jury selection
14 commission of the county, the Court Administrator shall make
15 available to the requesting county the list of names for that
16 county from the Statewide jury information system. In providing
17 the information, the Court Administrator shall only provide the
18 name and address of each individual on the list being provided.
19 All other identifying information shall be removed from any list
20 made available pursuant to the request. Under no circumstances
21 may the Court Administrator include any other identifying
22 information.
23 (e) Restrictions on use of information.--Information
24 provided by the departments to the Court Administrator shall be
25 provided by agreement executed by the appropriate authorities.
26 The agreement shall include, but not be limited to, the
27 following conditions:
28 (1) Information required pursuant to this section will
29 be provided only in an electronic form as determined by the
30 Court Administrator.
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1 (2) The information provided shall be used only for the
2 purpose provided in this section and for no other purpose.
3 (3) Except for the purpose of internal review and
4 compliance by the Court Administrator, no lists may be
5 printed from the information submitted, created or produced
6 under this section.
7 (4) Any re-release of the information provided pursuant
8 to this section is strictly prohibited.
9 (5) The Statewide jury information system and any list
10 provided by the Court Administrator to the county jury
11 selection commission pursuant to this section may not reveal
12 the source of names on that list or indicate in any way the
13 source of the names submitted pursuant to subsection (a).
14 (6) Nothing submitted, created or produced under this
15 section shall constitute a public document nor shall it be
16 subject to release or disclosure under the act of June 21,
17 1957 (P.L.390, No.212), referred to as the Right-to-Know Law
18 or any other similar rule, enactment or decision.
19 Section 3. This act shall take effect in 60 days.
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