[S. 3296, 89th Cong., 2d sess.] A BILL To assure nondiscrimination in Federal and State jury selection and service, to facilitate the desegregation of public education and other public facilities, to provide judicial relief against discriminatory housing practices, to prescribe penalties for certain acts of violence or intimidation, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1966". TITLE I SEC. 101. The analysis and sections 1861 and 1863 through 1869 of chapter 121 of title 28, United States Code, are amended to read as follows: "Sec. "CHAPTER 121-JURIES; TRIAL BY JURY "1861. Declaration of policy. "62. Discrimination prohibited. 1563. Jury commission. "1564. Master jury wheel. "1865. Drawing of names from the master jury wheel. "1866. Qualifications for jury service. "1867. Challenging compliance with selection procedures. "1868. Maintenance and inspection of records. "1869. Exclusion from jury service. "1870. Definitions. "1871. Fees. "1872. Exemptions. "1873. Challenges. "1874. Issues of fact in Supreme Court. "1875. Admiralty and maritime cases. "1876. Actions on bonds and specialties. "§ 1861. Declaration of policy "It is the policy of the United States that all qualified persons shall have the opportunity to serve on grand and petit juries in the district courts of the United States and shall have an obligation to serve as jurors when summoned for that purpose. “§ 1862. Discrimination prohibited "No person or class of persons shall be denied the right to serve on grand and petit juries in the district courts of the United States on account of race, color, religion, sex, national origin, or economic status. “§ 1863. Jury commission "(a) There shall be a jury commission for each district court of the United States composed of the clerk of the court and a citizen appointed by the court as a jury commissioner: Provided, That the court may establish a separate jury commission for one or more divisions of the judicial district by appointing an additional citizen as a jury commissioner to serve with the clerk for such division or divisions. The jury commissioner shall during his tenure in office reside in the judicial district or division for which appointed, shall not belong to the same political party as the clerk serving with him, and shall receive $16 per day for each day necessarily employed in the performance of his duties. (b) In the performance of its duties, the jury commission shall act under the direction and supervision of the chief judge of the district. §1864. Master jury wheel "(a) Each jury commission shall maintain a master jury wheel and shall place in the master wheel names selected at random from the voter registration lists of persons residing in the judicial district or division it serves: Provided, That the judicial council of the circuit, with such advice as the chief judge of the district may offer, shall prescribe some other source or sources of names for the master wheel in addition to the voter registration lists where necessary, in the judgment of the council, to protect the rights secured by section 1862 of this title. **(b) The jury commission shall place in the master wheel the names of at least 1 per centum of the total number of persons listed on the voter registration lists for the district or division (or, if sources in addition to voter registration lists have been prescribed pursuant to subsection (a), at least 1 per centum of the total number of persons of voting age residing in the district or division according to the most recent decennial census): Provided, That in no event shall the jury commission place in the master wheel the names of fewer than two thousand persons. "(c) The chief judge of the district shall prescribe, by rule, definite and certain procedures to be followed by the jury commission in making the random selection of names required by subsections (a) and (b) of this section. "(d) State, local, and Federal officials having custody, possession, or control of control of voter registration lists or other appropriate records shall make such lists and records available to the jury commission for inspection, reproduction, and copying at all reasonable times as the commission may deem necessary and proper for the performance of its duties under this title. The district courts shall have jurisdiction upon application by the Attorney General to compel compliance with this subsection by appropriate process. "(e) The master jury wheel shall contain names of persons residing in all counties, parishes, or similar political subdivisions within the judicial district or division. "(f) The jury commission shall in accordance with this section (1) from time to time, as necessary, place additional names in the master wheel and (2) between November 15 and December 31 of each even-numbered year empty and refill the master wheel. "§ 1865. Drawing of names from the master jury wheel "(a) From time to time as necessary the jury commission shall publicly draw from the master jury wheel the names of as many persons as may be required for jury service, prepare an alphabetical list of the names drawn, which list shall not be disclosed to any person except pursuant to sections 1867 and 1868 of this title and summon by certified mail the persons whose names are drawn. Each person whose name is drawn, unless he claims exemption from jury service pursuant to section 1872 of this title and subsection (b) of this section, shall appear before the clerk and fill out a juror qualification form to be prescribed by the Administrative Office of the United States Courts in consultation with the Attorney General. The form shall elicit his name, address, age, sex, education, race, religion, occupation, and citizenship and whether he has any physical or mental infirmity, is able to read, write, speak, and understand the English language, and has been convicted in any State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored by pardon or amnesty. The clerk shall examine the form to determine whether it is filled out completely and responsively and shall call any omissions or apparent errors to the attention of such person who shall make such corrections or additions as may be necessary. If any person summoned is unable to fill out the form, the clerk shall do it for him and indicate on the form the fact that he has done so and the reason. Except as provided in subsection (b) of this section, any persons ummoned who fails to appear as directed shall be ordered by the court forthwith to appear and show cause for his failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance with the summons may be fined not more than $100 or imprisoned not more than three days, or both. "(b) Any person summoned who is exempt from jury service pursuant to section 1872 of this title may state the basis for his exemption in the space provided on the summons and return the summons duly signed to the clerk by mail. Any person who willfully misrepresents his exemption from jury service on a summons may be fined not more than $100 or imprisoned not more than three days, or both. "§ 1866. Qualifications for jury service "(a) The jury commission shall determine solely on the basis of information provided on the juror qualification form or the returned summons whether a person is qualified for or exempt from jury service: Provided, That such determination shall be made by the court if other objective evidence obtained by the jury commission indicates that a person is not qualified pursuant to subparagraphs (1), (3), or (4) of subsection (b) hereof. The jury commission shall enter such determination in the space provided on the juror qualification form and the alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summons, such fact shall be noted on said list. Whenever a person is determined to be not qualified for jury service, the jury commission shall note on the space provided on the juror qualification form the specific ground of disqualification. "(b) In making such determination the jury commission shall deem any person qualified to serve on grand and petit juries in the district court unless he "(1) is not a citizen of the United States twenty-one years old who has resided for a period of one year within the judicial district; "(2) is unable to read, write, speak, and understand the English language; "(3) is incapable, by reason of mental or physical infirmity, to render efficient jury service; or "(4) has been convicted in a State or Federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty. "(c) The jury commission shall maintain a qualified juror wheel and shall place in such wheel names of persons determined to be qualified as jurors. From time to time, the jury commission shall publicly draw from the qualified juror wheel such number of names of persons as may be required for assignment to grand and petit jury panels. The jury commission or the clerk shall prepare a separate list of names of persons assigned to each grand and petit jury panel. “§ 1867. Challenging compliance with selection procedures "(a) In criminal cases, prior to the introduction of evidence at trial, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of failure to comply with sections 1864, 1865, or 1866 of this title. The defendant shall be entitled to present in support of such motion the testimony of the jury commission together with other evidence and, where there is some evidence that there has been a failure to comply with sections 1864, 1865, or 1866, any relevant records and papers used by the jury commission in the performance of its duties which are not public or otherwise available. If the court determines that there has been a failure to comply with sections 1864, 1865, or 1866, the court shall dismiss the indictment or stay the proceedings pending the selection of a petit jury in conformity with this title. "(b) In civil cases, prior to the introduction of evidence at trial, any party may move to stay the proceedings on the ground of failure to comply with sections 1864, 1865, or 1866 of this title. The moving party shall be entitled to present in support of such motion the testimony of the jury commission together with other evidence and, where there is some evidence that there has been a failure to comply with sections 1864, 1865, or 1866, any relevant records and papers used by the jury commission in the performance of its duties which are not public or otherwise available. If the court determines that there has been a failure to comply with sections 1864, 1865, or 1866, the court shall stay the proceedings pending the selection of a jury in conformity with this title. "(c) The procedures prescribed by this section shall be the exclusive means by which a person accused of a Federal crime or a party in a civil case may challenge any jury in his case on the ground that such jury was not selected in conformity with sections 1864, 1865, or 1866 of this title. Nothing in this section shall preclude any persons or the United States from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin, or economic status in the selection of persons for service on grand or petit juries. "(d) The contents of any records or papers produced pursuant to subsections (a) or (b) of this section shall not be disclosed, except as may be necessary in the preparation or presentation of the case, until after the master jury wheel has been emptied and refilled pursuant to section 1864(f) of this title and all persons selected to serve as jurors before the master wheel was emptied have completed such service: Provided, That the parties in a case shall be allowed to inspect, reproduce and copy such records or papers at all reasonable times during the pendency of the case. Any person who discloses the contents of any record or paper in violation of this subsection may be fined not more than $1,000 or imprisoned not more than one year, or both. “§ 1868. Maintenance and inspection of records "After the master jury wheel is emptied and refilled pursuant to section 1864(f) of this title, and after all persons selected to serve as jurors before the master wheel was emptied have completed such service, all of the records and papers compiled and maintained by the jury commission before the master wheel was emptied shall be preserved by the commission in the custody of the clerk for four years or for such longer period as may be ordered by a court and shall be available for public inspection. “§ 1869. Exclusion from jury service (a) Except as provided in section 1872 of this title, no person or class of persons shall be excluded, excused or exempt from service as jurors: Provided, That any person summoned for jury service may be (1) excused by the court for not more than six months at a time upon a showing of unusually severe hardship or (2) excluded by the court upon (i) peremptory challenge as provided by law or (ii) a finding that such person may be unable to render impartial jury service or that his service as a juror would disrupt the proceedings. Whenever a person is excused or excluded from jury service, the jury commission shall note in the space provided on his juror qualification form the specific ground of excuse or exclusion. "(b) In any two-year period, no person shall be required to (1) serve as a petit juror for more than thirty calendar days, except when necessary to complete service in a particular case, or (2) serve on more than one grand jury, or (3) serve as both a grand and petit juror. "§ 1870. Definitions "For purposes of this chapter "(a) clerk' and 'clerk of the court' shall mean the clerk of the United States district court or any deputy clerk. "(b) 'voter registration lists' shall mean the official records maintained by State or local election officials of persons registered to vote in the most recent general election for candidates for Federal Office or, in the case of a State which does not require registration as a prerequisite to voting, such other official lists of persons qualified to vote in such election. The term shall also include the list of eligible voters maintained by any Federal examiner pursuant to the Voting Rights Act of 1965 where the names on such list have not been included on the lists maintained by the appropriate State or local officials. "(c) 'division' shall mean one or more divisions of a judicial district established by statute, and, in judicial districts where no divisions are established by statute, shall mean such counties, parishes, or similar political subdivisions surrounding the places where court is held as the chief judge of the district shall determine, "(d) 'district court of the United States', 'district court', and 'court' shall mean courts constituted under chapter 5 of title 28, United States Code: Provided, That for purposes of sections 1861, 1862, 1867, and 1869 of this chapter, these terms shall include the District of Columbia Court of General Sessions and the Juvenile Court of the District of Columbia." FEES SEC. 102. (a) Section 1871 of title 28, United States Code, is amended by substituting "$20" for "$10" and "$25" for "$14" in the second paragraph, "$16" for "$10" in the third paragraph and "$20" for "$10" in the fourth paragraph. (b) Section 1821 of title 28, United States Code, is amended by substituting "$20" for "$4", "10 cents" for "8 cents" and "$16" for "$8". AMENDMENT AND REPEAL SEC. 103. (a) Sections 1862, 1870, 1872, 1873, and 1874 of title 28, United States Code, are renumbered as sections 1872, 1873, 1874, 1875, and 1876, respectively, of that title. (b) Sections 13-701, 11-2301 through 2305 (except the last paragraph of section 11-2302), 11-2307 through 2312 and 7-213a of the District of Columbia Code are repealed. (c) Except for the last paragraph of subsection (a), section 11-2306 of the District of Columbia Code is repealed and a new subsection (b) is added to the section as follows: "(b) The jury commission for the district court for the District of Columbia shall draw from the qualified jury wheel from time to time as may be required the names of persons to serve as jurors in the District of Columbia Court of General Sessions and the Juvenile Court of the District of Columbia and such persons shall be assigned to jury panels in the General Sessions and Juvenile courts as those courts shall direct." (d) Section 16-1312 of the District of Columbia Code is amended by substituting "section 1866 of title 28, United States Code" for "section 11-2301" in subsection (a) (1) and by substituting “chapter 121 of title 28, United States Code," for "chapter 23 of title 11" in subsection (c). (e) Section 22-1414 of the District of Columbia Code is amended by inserting the words "or wheel" immediately following the word "box" each time it appears therein. EFFECTIVE DATE SEC. 104. Sections 101 and 103 of this title shall become effective one hundred and twenty days after the date of enactment: Provided, That such sections shall not apply in any case in which an indictment has been returned or petit jury impaneled prior to such effective date. TITLE II DISCRIMINATION PROHIBITED SEC. 201. No person or class of persons shall be denied the right to serve on grand and petit juries in any State court on account of race, color, religion, sex, national origin, or economic status. SUITS BY THE ATTORNEY GENERAL SEC. 202. (a) Whenever there are reasonable grounds to believe that any person has engaged or is about to engage in any act or practice which would deny or abridge any right secured by section 201 of this title, the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for an injunction, restraining order, or other order against a State, any political subdivision thereof, or any official of such State or political subdivision. In any proceeding hereunder, the United States shall be liable for costs the same as a private person. (b) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether any aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. Any action pursuant to this section shall be in every way expedited. APPROPRIATE RELIEF SEC. 203. If in any proceeding instituted pursuant to this title or any other law authorizing proceedings for injunctive relief, the district court finds that any right secured by section 201 has been denied or abridged, it may, in addition to any other relief, enter an order, effective for such period of time as may be appropriate (a) Prohibiting or suspending the use of any qualification for jury service or any basis for excuse, exemption, or exclusion from jury service which (1) violates or has been applied in violation of section 201 of this title, or (2) is susceptible to being applied in violation of section 201 of this title because it vests in jury officials undue discretion to determine whether any person has satisfied such qualification or whether a basis exists for excusing, exempting, or excluding any person from jury service; (b) Requiring the use of objective criteria to determine whether any person has satisfied any qualification for jury service or whether a basis exists for excusing, exempting, or excluding any person from jury service; (c) Requiring maintenance of such records or additional records as may be necessary to permit a determination thereafter whether any right secured by section 201 has been denied or abridged; or (d) Appointing a master to perform such duties of the jury officials as may be necessary to assure that the rights secured by section 201 of this title are not denied or abridged. DISCOVERY OF EVIDENCE SEC. 204. In any proceeding instituted pursuant to section 202 of this title or section 1983 of title 42 of the United States Code, or in any criminal proceeding in any State court prior to the introduction of any evidence at trial, or in any habeas corpus, coram nobis, or other collateral proceeding in any court with respect to a judgment of conviction entered after the effective date of this title, wherein it is asserted that any right secured by section 201 of this title has been denied or abridged (a) The appropriate State or local officials shall furnish a written statement of jury selection information subscribed to under oath which shall contain a detailed description of the following: (1) the nature and location of the sources from which names were obtained for inclusion in the wheel, box, or similar device; (2) the methods used and the procedures followed in selecting names from the sources referred to in subdivision (1) of this subsection for inclusion in the wheel, box, or similar device; 65-506-66-pt. 1- -3 |