PRIOR PRINTER'S NO. 796 PRINTER'S NO. 1623
No. 668 Session of 2005
INTRODUCED BY COSTA, M. WHITE, EARLL, O'PAKE, LOGAN, WOZNIAK,
TARTAGLIONE, STOUT, MUSTO, KASUNIC, LAVALLE, KITCHEN,
C. WILLIAMS AND WASHINGTON, MAY 10, 2005
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 21, 2006
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] the following: <--
15 (i) All voter registration lists for the county,
16 (2) THE LIST SHALL ALSO CONTAIN ALL VOTER REGISTRATION <--
17 LISTS FOR THE COUNTY, which lists may be incorporated by
18 reference, or names from such other lists which in the
1 opinion of the commission will provide a number of names of
2 prospective jurors which is equal to or greater than the
3 number of names contained in the voter registration list.
4 (ii) The names and addresses of all persons who pay <--
5 taxes or are assessed for taxes imposed by any political
6 subdivisions.
7 (iii) The names and addresses of all persons
8 residing in the county who file a return for the payment
9 of taxes imposed by the Commonwealth under Article III of
10 the act of March 4, 1971 (P.L.6, No.2), known as the Tax
11 Reform Code of 1971.
12 (iv) The names and addresses of individuals residing
13 in the county who are receiving cash assistance or food
14 stamps from the Department of Public Welfare.
15 (3) The commission may, but will not be required to,
16 supplement the master list of prospective jurors to include,
17 without being limited to, persons in any of the following
18 categories:
19 [(1)] (i) Persons listed in telephone, city, municipal
20 directories and similar directories.
21 [(2) Persons who pay taxes or are assessed for taxes
22 imposed by any political subdivisions.
23 (3)] (ii) Persons in the county participating in any
24 State, county or local program authorized by law and, to the
25 extent such names are available, persons participating in any
26 Federal program authorized by law.
27 [(4)] (iii) Persons who are on school census lists.
28 [(5)] (iv) Any other person whose name does not appear
29 in the master list of prospective jurors and who meets the
30 qualifications for jurors set forth in this chapter and who
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1 makes application to the commission to be listed on the
2 master list of prospective jurors.
3 (4) Information obtained under paragraph (2)(ii), (iii) <--
4 or (iv) shall be provided by agreement executed by the
5 appropriate authorities and the information shall be provided
6 by the appropriate authority to the county jury selection
7 committee. The agreement shall include, but not be limited
8 to, the following conditions:
9 (i) Lists of names and addresses will be provided
10 only in an electronic format agreed upon by the parties.
11 (ii) The lists of names shall be used only for the
12 purpose of supplementing the master list of prospective
13 jurors and for no other purpose.
14 (iii) No lists may be printed from the information
15 provided under paragraph (2)(ii), (iii) or (iv).
16 (iv) All employees having access to the electronic
17 data supplied pursuant to paragraph (2)(ii), (iii) or
18 (iv) shall sign a confidentiality agreement that includes
19 penalties for the failure to comply with the underlying
20 agreement authorizing the submission of lists pursuant to
21 paragraph (2)(ii), (iii) or (iv).
22 (v) Any rerelease of the information provided under
23 paragraph (2)(ii), (iii) or (iv) is strictly prohibited.
24 (vi) The site in which information provided pursuant
25 to paragraph (2)(ii), (iii) or (iv) is received and
26 processed shall be secure at all times and accessible
27 only to authorized persons who have signed an appropriate
28 security and confidentiality agreement.
29 (vii) The master list of prospective jurors shall
30 not reveal the source of names on that list or indicate
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1 in any way the source of the names submitted pursuant to
2 paragraph (2)(ii), (iii) or (iv).
3 (viii) Other conditions as the entity providing the
4 information may require.
5 * * *
6 (V) PERSONS WHO APPEAR ON THE LIST PROVIDED TO THE <--
7 COUNTY PURSUANT TO SECTION 4521.1 (RELATING TO STATEWIDE
8 JURY INFORMATION SYSTEM) MAY BE USED TO SUPPLEMENT OR
9 SUBSTITUTE THE MASTER JURY LIST.
10 * * *
11 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
12 § 4521.1. STATEWIDE JURY INFORMATION SYSTEM.
13 (A) GENERAL RULE.--NOTWITHSTANDING ANY PROHIBITION FOUND IN
14 ANY OTHER LAW, REGULATION OR RULE TO THE CONTRARY, THE FOLLOWING
15 DEPARTMENTS SHALL SUBMIT TO THE COURT ADMINISTRATOR OF
16 PENNSYLVANIA, IN A FORMAT PROVIDED HEREIN, A LIST OF INDIVIDUALS
17 AS DESIGNATED FOR THAT DEPARTMENT TO BE INCLUDED IN A STATEWIDE
18 JURY INFORMATION SYSTEM ON OR BEFORE JUNE 30 OF EACH YEAR:
19 (1) THE DEPARTMENT OF PUBLIC WELFARE - EVERY INDIVIDUAL
20 RESIDENT IN THIS COMMONWEALTH WHO RECEIVES CASH ASSISTANCE OR
21 FOOD STAMPS PURSUANT TO A FEDERAL OR STATE PROGRAM THROUGH
22 THE DEPARTMENT EXCEPT AS PROHIBITED BY FEDERAL LAW OR
23 REGULATION.
24 (2) THE DEPARTMENT OF TRANSPORTATION - EVERY INDIVIDUAL
25 RESIDENT IN THIS COMMONWEALTH WHO HAS BEEN ISSUED A DRIVER'S
26 LICENSE PURSUANT TO 75 PA.C.S CH. 15 (RELATING TO LICENSING
27 OF DRIVERS).
28 (3) THE DEPARTMENT OF REVENUE - EVERY INDIVIDUAL
29 RESIDENT WHO FILES A RETURN FOR THE PAYMENT OF TAXES IMPOSED
30 BY THE COMMONWEALTH UNDER ARTICLE III OF THE ACT OF MARCH 4,
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1 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
2 (4) THE DEPARTMENT OF STATE - EVERY INDIVIDUAL RESIDENT
3 WHO IS LISTED AS A REGISTERED VOTER UNDER 25 PA.C.S. PT. IV
4 (RELATING TO VOTER REGISTRATION).
5 (B) IDENTIFYING INFORMATION.--EACH LIST SUBMITTED BY A
6 DEPARTMENT PURSUANT TO SUBSECTION (A) SHALL CONTAIN ONLY THE
7 FOLLOWING IDENTIFYING INFORMATION OF AN INDIVIDUAL TO BE
8 INCLUDED IN THE STATEWIDE JURY INFORMATION SYSTEM:
9 (1) NAME, INCLUDING FIRST, MIDDLE AND LAST NAMES.
10 (2) EXCEPT AS PROVIDED IN 23 PA.C.S. CH. 67 (RELATING TO
11 DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY),
12 EACH INDIVIDUAL'S STREET ADDRESS, MUNICIPALITY AND ZIP CODE.
13 (3) DATE OF BIRTH, IF AVAILABLE.
14 (4) THE LAST FOUR DIGITS OF THE INDIVIDUAL'S SOCIAL
15 SECURITY NUMBER.
16 (C) DUTIES OF COURT ADMINISTRATOR.--THE COURT ADMINISTRATOR
17 SHALL ANNUALLY COLLECT INFORMATION FOR CREATION OF A STATEWIDE
18 JURY INFORMATION SYSTEM. THIS SHALL BE COMPLETED BY:
19 (1) COLLECTING THE NAMES FROM THE DEPARTMENTS AS
20 SUBMITTED UNDER SUBSECTION (A).
21 (2) COMBINING EACH INDIVIDUAL DEPARTMENT LIST SUBMITTED
22 INTO A MASTER LIST.
23 (3) REMOVING ANY INFORMATION THAT IDENTIFIES THE SOURCE
24 OF THE INFORMATION SUBMITTED PURSUANT TO SUBSECTION (A).
25 (4) ASSEMBLING THE NAMES INTO GROUPS ARRANGED BY THE
26 COUNTY OF RESIDENCE FOR EACH INDIVIDUAL ON THE MASTER LIST.
27 (5) REMOVING DUPLICATE NAMES FROM EACH COUNTY LIST.
28 (D) DISSEMINATION.--UPON REQUEST FROM THE JURY SELECTION
29 COMMISSION OF THE COUNTY, THE COURT ADMINISTRATOR SHALL MAKE
30 AVAILABLE TO THE REQUESTING COUNTY THE LIST OF NAMES FOR THAT
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1 COUNTY FROM THE STATEWIDE JURY INFORMATION SYSTEM. IN PROVIDING
2 THE INFORMATION, THE COURT ADMINISTRATOR SHALL ONLY PROVIDE THE
3 NAME AND ADDRESS OF EACH INDIVIDUAL ON THE LIST BEING PROVIDED.
4 ALL OTHER IDENTIFYING INFORMATION SHALL BE REMOVED FROM ANY LIST
5 MADE AVAILABLE PURSUANT TO THE REQUEST. UNDER NO CIRCUMSTANCES
6 MAY THE COURT ADMINISTRATOR INCLUDE ANY OTHER IDENTIFYING
7 INFORMATION.
8 (E) RESTRICTIONS ON USE OF INFORMATION.--INFORMATION
9 PROVIDED BY THE DEPARTMENTS TO THE COURT ADMINISTRATOR SHALL BE
10 PROVIDED BY AGREEMENT EXECUTED BY THE APPROPRIATE AUTHORITIES.
11 THE AGREEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
12 FOLLOWING CONDITIONS:
13 (1) INFORMATION REQUIRED PURSUANT TO THIS SECTION WILL
14 BE PROVIDED ONLY IN AN ELECTRONIC FORM AS DETERMINED BY THE
15 COURT ADMINISTRATOR.
16 (2) THE INFORMATION PROVIDED SHALL BE USED ONLY FOR THE
17 PURPOSE PROVIDED IN THIS SECTION AND FOR NO OTHER PURPOSE.
18 (3) EXCEPT FOR THE PURPOSE OF INTERNAL REVIEW AND
19 COMPLIANCE BY THE COURT ADMINISTRATOR, NO LISTS MAY BE
20 PRINTED FROM THE INFORMATION SUBMITTED, CREATED OR PRODUCED
21 UNDER THIS SECTION.
22 (4) ANY RE-RELEASE OF THE INFORMATION PROVIDED PURSUANT
23 TO THIS SECTION IS STRICTLY PROHIBITED.
24 (5) THE STATEWIDE JURY INFORMATION SYSTEM AND ANY LIST
25 PROVIDED BY THE COURT ADMINISTRATOR TO THE COUNTY JURY
26 SELECTION COMMISSION PURSUANT TO THIS SECTION MAY NOT REVEAL
27 THE SOURCE OF NAMES ON THAT LIST OR INDICATE IN ANY WAY THE
28 SOURCE OF THE NAMES SUBMITTED PURSUANT TO SUBSECTION (A).
29 (6) NOTHING SUBMITTED, CREATED OR PRODUCED UNDER THIS
30 SECTION SHALL CONSTITUTE A PUBLIC DOCUMENT NOR SHALL IT BE
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1 SUBJECT TO RELEASE OR DISCLOSURE UNDER THE ACT OF JUNE 21,
2 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW
3 OR ANY OTHER SIMILAR RULE, ENACTMENT OR DECISION.
4 Section 2 3. This act shall take effect in 60 days. <--
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