CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5128
Chapter 316, Laws of 2023
68th Legislature
2023 Regular Session
JURIES—DEMOGRAPHIC DATA, CHILD CARE WORK GROUP, AND ELECTRONIC
SUMMONS
EFFECTIVE DATE: July 23, 2023
Passed by the Senate April 14, 2023 CERTIFICATE
Yeas 34 Nays 12
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SECOND SUBSTITUTE
SENATE BILL 5128 as passed by the
Senate and the House of
Representatives on the dates hereon
Passed by the House April 7, 2023 set forth.
Yeas 89 Nays 8
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 4, 2023 3:54 PM FILED
May 5, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND SUBSTITUTE SENATE BILL 5128
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Trudeau,
Dhingra, Billig, Hasegawa, Hunt, Kuderer, Pedersen, Stanford, Valdez,
Wellman, and C. Wilson; by request of Administrative Office of the
Courts)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to jury diversity; amending RCW 2.36.095 and
2 2.36.054; adding a new section to chapter 2.36 RCW; creating a new
3 section; and providing an expiration date.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 2.36 RCW
6 to read as follows:
7 The administrative office of the courts shall provide all courts
8 with a method to collect data on a juror's race, ethnicity, age, sex,
9 employment status, educational attainment, and income, as well as any
10 other data approved by order of the chief justice of the Washington
11 state supreme court. Data collection must be conducted and reported
12 in a manner that preserves juror anonymity. The administrative office
13 of the courts shall publish this demographic data in an annual report
14 to the governor.
15 NEW SECTION. Sec. 2. (1)(a) The administrative office of the
16 courts shall establish a work group to make recommendations for the
17 creation of a child care assistance program for individuals reporting
18 for jury service.
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 1 (b) The purpose of the child care assistance program shall be to
2 eliminate the absence of child care as a barrier to performing jury
3 service.
4 (2)(a) By December 1, 2024, the administrative office of the
5 courts shall report the work group findings and recommendations for
6 establishing a child care assistance program to the appropriate
7 committees of the legislature.
8 (b) The report must outline the planning and implementation of
9 the program and an estimation of the cost.
10 (3) This section expires December 1, 2024.
11 Sec. 3. RCW 2.36.095 and 2013 c 246 s 1 are each amended to read
12 as follows:
13 (1) Persons selected to serve on a petit jury, grand jury, or
14 jury of inquest shall be summoned by mail or personal service, or
15 electronically. The county clerk shall issue summons and thereby
16 notify persons selected for jury duty. The clerk may issue summons
17 for any jury term, in any consecutive twelve-month period, at any
18 time thirty days or more before the beginning of the jury term for
19 which the summons are issued. However, when applicable, the
20 provisions of RCW 2.36.130 apply.
21 (2) In courts of limited jurisdiction summons shall be issued by
22 the court. Upon the agreement of the courts, the county clerk may
23 summon jurors for any and all courts in the county or judicial
24 district.
25 Sec. 4. RCW 2.36.054 and 2015 c 225 s 1 are each amended to read
26 as follows:
27 Unless otherwise specified by rule of the supreme court, the jury
28 source list and master jury list for each county shall be created as
29 provided by this section.
30 (1) The superior court of each county, after consultation with
31 the county clerk and county auditor of that jurisdiction, shall
32 annually notify the consolidated technology services agency not later
33 than March 1st of each year of its election to use either a jury
34 source list that is merged by the county or a jury source list that
35 is merged by the consolidated technology services agency. The
36 consolidated technology services agency shall annually furnish at no
37 charge to the superior court of each county a separate list of the
38 registered voters residing in that county as supplied annually by the
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 1 secretary of state and a separate list of driver's license and
2 identicard holders residing in that county as supplied annually by
3 the department of licensing, or a merged list of all such persons
4 residing in that county, in accordance with the annual notification
5 required by this subsection. The lists provided by the consolidated
6 technology services agency shall be in an electronic format mutually
7 agreed upon by the superior court requesting it and the consolidated
8 technology services agency. The annual merger of the list of
9 registered voters residing in each county with the list of licensed
10 drivers and identicard holders residing in each county to form a jury
11 source list for each county shall be in accordance with the standards
12 and methodology established in this chapter or by superseding court
13 rule whether the merger is accomplished by the consolidated
14 technology services agency or by a county.
15 (2)(a) Persons on the lists of registered voters and driver's
16 license and identicard holders shall be identified by a minimum of
17 last name, first name, middle initial where available, date of birth,
18 gender, and county of residence. Identifying information shall be
19 used when merging the lists to ensure to the extent reasonably
20 possible that persons are only listed once on the merged list.
21 Conflicts in addresses are to be resolved by using the most recent
22 record by date of last vote in a general election, date of driver's
23 license or identicard address change or date of voter registration.
24 (b) After July 1, 2024, persons who:
25 (i) Apply for a driver's license or identicard in this state
26 shall have the ability to opt in to allow the department of licensing
27 to share the person's email address with the consolidated technology
28 services agency for the purpose of electronically receiving jury
29 summons and other communications related to jury service; and
30 (ii) Apply online to the register to vote shall, immediately
31 after completing the voter registration transaction, be directed by
32 the secretary of state to a website where the person shall have the
33 ability to opt in to share the person's email address with the
34 consolidated technology services agency for the purpose of
35 electronically receiving jury summons and other communications
36 related to jury service. The provisions of the subsection (2)(b)(ii)
37 are subject to appropriation.
38 (3) The consolidated technology services agency shall provide
39 counties that elect to receive a jury source list merged by the
40 consolidated technology services agency with a list of names which
p. 3 2SSB 5128.SL
1 are possible duplicates that cannot be resolved based on the
2 identifying information required under subsection (2) of this
3 section. If a possible duplication cannot subsequently be resolved
4 satisfactorily through reasonable efforts by the county receiving the
5 merged list, the possible duplicate name shall be stricken from the
6 jury source list until the next annual jury source list is prepared.
Passed by the Senate April 14, 2023.
Passed by the House April 7, 2023.
Approved by the Governor May 4, 2023.
Filed in Office of Secretary of State May 5, 2023.
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Statutes affected:
Original Bill: 2.36.150, 2.36.095, 2.36.054
Substitute Bill: 2.36.150, 35.20.090, 2.36.095, 2.36.054
Second Substitute: 2.36.095, 2.36.054
Bill as Passed Legislature: 2.36.095, 2.36.054
Session Law: 2.36.095, 2.36.054