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 20070S0116B0093 - 2 -
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. 20070S0116B0093 - 3 -
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. 20070S0116B0093 - 4 -
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. L18L42SFL/20070S0116B0093 - 5 -