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AB-1854 Additional grand juries.(2007-2008)

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AB1854:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1854

Introduced  by  Assembly Member Garrick

January 30, 2008

An act to add Section 904.9 to the Penal Code, relating to grand juries.


LEGISLATIVE COUNSEL'S DIGEST


AB 1854, as introduced, Garrick. Additional grand juries.
Existing law authorizes the presiding judge in any county or city and county, or the judge appointed by the presiding judge to supervise the grand jury, to impanel an additional grand jury upon the request of the Attorney General or the district attorney or upon his or her own motion. Existing law also authorizes the Presiding Judge of the Superior Court of the County of Los Angeles, or the judge appointed by the presiding judge to supervise the grand jury, to impanel up to 2 additional grand juries, in accordance with specified procedures.
This bill would additionally authorize the Presiding Judge of the Superior Court of the County of San Diego, or the judge appointed by the presiding judge to supervise the grand jury, to impanel one grand jury in addition to the grand jury any county’s or city and county’s presiding judge or grand jury supervising judge may impanel, as specified above. By creating new duties on local officials regarding grand juries, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 904.9 is added to the Penal Code, to read:

904.9.
 (a) In addition to the grand jury authorized pursuant to Section 904.6, in the County of San Diego, the presiding judge of the superior court, or the judge appointed by the presiding judge to supervise the grand jury, may, upon the request of the Attorney General or the district attorney or upon his or her own motion, order and direct the impanelment of one additional grand jury pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding judge to supervise the grand jury shall select persons, at random, from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as grand jurors. When a sufficient number of competent persons have been selected, they shall constitute an additional grand jury.
(c) Any additional grand jury that is impaneled pursuant to this section may serve for a period of one year from the date of impanelment, but may be discharged at any time within the one-year period by order of the presiding judge or the judge appointed by the presiding judge to supervise the grand jury. In no event shall more than one additional grand jury be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant to this section, it may inquire into any matters that are subject to grand jury inquiry and shall have the sole and exclusive jurisdiction to return indictments, except for any matters into which the regular grand jury is inquiring at the time of its impanelment.
(e) It is the intent of the Legislature that, in the County of San Diego, all persons qualified for jury service shall have an equal opportunity to be considered for service as criminal grand jurors within the county, and that they have an obligation to serve, when summoned for that purpose. All persons selected for an additional criminal grand jury shall be selected at random from a source or sources reasonably representative of a cross section of the population that is eligible for jury service in the county.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.