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AB-78 Grand juries.(2023-2024)



Current Version: 12/15/22 - Introduced

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AB78:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 78

Introduced by Assembly Member Ward

December 15, 2022

An act to amend Section 210 of the Code of Civil Procedure, and to amend Sections 890, 896, 900, 901, 903.3, and 905.5 of, and to add Section 913.5 to, the Penal Code, relating to grand juries.


LEGISLATIVE COUNSEL'S DIGEST


AB 78, as introduced, Ward. Grand juries.
Under existing law, a grand jury is a body of the required number of persons chosen from the citizens of the county to serve before a court of competent jurisdiction, and sworn to inquire of public offenses that are committed or triable within the county. Existing law permits a grand jury to inquire into all public offenses committed or triable within the county and present them to the court by indictment. Existing law requires the fees for grand jurors to be $15 per each day’s attendance as a grand juror.
This bill would require that fee to be equal to 70% of the county median daily income for each day’s attendance. By increasing the fee for grand jurors, this bill would impose a state-mandated local program.
Existing law requires the superior court of each county to select grand jurors, as specified, and create a list of the persons selected to serve as grand jurors. Existing law requires the jury commissioner to file this list in the jury commissioner’s office and have the list published one time in a newspaper of general circulation. Existing law requires grand juries to be impaneled from this list. Existing law authorizes the presiding judge to name up to 10 jurors not previously named, who served on the previous grand jury and who consent to serve for a 2nd year on the grand jury.
This bill would require the list of grand jurors to contain the person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties. The bill would require a separate list to be published in a newspaper containing each person’s name and the name of the judge who selected the jurors. The bill would require a list of specified prospective and impaneled jurors containing each person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district to be published on an internet website, and would require that version of the list to not contain the person’s name. The bill would authorize the presiding judge to add up to 10 jurors from among the list of qualified jurors not selected in an effort to balance demographic diversity to reflect the general population of the county. The bill would require each court, on or before March 15, 2024, and on or before March 15 of each year thereafter, to provide the Judicial Council with the list and aggregate data of specified prospective and impaneled jurors containing the person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties, as well as the name of the judge who selected each person. The bill would require the Judicial Council to, on or before June 15, 2024, and on or before June 15 of each year thereafter, report that information to the Legislature. The bill would additionally authorize summons for prospective jurors to include information on how to become a juror on a grand jury.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 210 of the Code of Civil Procedure is amended to read:

210.
 The summons shall contain the date, time, and place of appearance required of the prospective juror or, alternatively, instructions as to the procedure for calling the jury commissioner for telephonic instructions for appearance as well as such additional juror information as deemed appropriate by the jury commissioner. The summons may, as determined by the court, additionally contain information on how to become a juror on a grand jury pursuant to Chapter 2 (commencing with Section 893) of Title 4 of Part 2 of the Penal Code.

SEC. 2.

 Section 890 of the Penal Code is amended to read:

890.
 Unless a higher fee or rate of mileage is otherwise provided by statute or county or city and county ordinance, the fees for grand jurors are fifteen dollars ($15) a day equal to seventy percent of the county median daily income for each day’s attendance as a grand juror, and the mileage reimbursement applicable to county employees for each mile actually traveled in attending court as a grand juror.

SEC. 3.

 Section 896 of the Penal Code is amended to read:

896.
 (a) Immediately after an order is made pursuant to Section 895, the court shall select the grand jurors required by personal interview for the purpose of ascertaining whether they possess the qualifications prescribed by subdivision (a) of Section 893. If a person so interviewed, in the opinion of the court, possesses the necessary qualifications, in order to be listed the person shall sign a statement declaring that the person will be available for jury service for the number of hours usually required of a member of the grand jury in that county.
(b) The selections shall be made of men and women persons who are not exempt from serving and who are suitable and competent to serve as grand jurors pursuant to Sections 893, 898, and 899. The court shall list the persons so selected and required by the order to serve as grand jurors during the ensuing fiscal year of the county, or until a new list of grand jurors is provided, and shall at once place this list in the possession of the jury commissioner. The list shall contain the person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties.

SEC. 4.

 Section 900 of the Penal Code is amended to read:

900.
 On receiving the list of persons selected by the court, the jury commissioner shall file it in the jury commissioner’s office and have the list, office, which shall include the name of the judge who selected each person on the list, published and the person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties. A separate list shall be published containing only each person’s name and the name of the judge who selected each person on the list, one time in a newspaper of general circulation, as defined in Section 6000 of the Government Code, in the county. The jury commissioner shall then do either of the following:
(a) Write down the names on the list onto separate pieces of paper of the same size and appearance, fold each piece so as to conceal the name, and deposit the pieces in a box to be called the “grand jury box.”
(b) Assign a number to each name on the list and place, in a box to be called the “grand jury box,” markers of the same size, shape, and color, each containing a number which that corresponds with a number on the list.

SEC. 5.

 Section 901 of the Penal Code is amended to read:

901.
 (a) The persons whose names are so returned shall be known as regular jurors, and shall serve for one year and until other persons are selected and returned.
(b) If the superior court so decides, the presiding judge may name up to 10 regular jurors not previously so named, who served on the previous grand jury or are among the list of qualified jurors not selected and who so consent, to serve for a second year. year in an effort to balance demographic diversity to reflect the general population of the county.
(c) The court may also decide to select grand jurors pursuant to Section 908.2.

SEC. 6.

 Section 903.3 of the Penal Code is amended to read:

903.3.
 (a) Pursuant to the rules or instructions adopted by a majority of the judges of the superior court, the jury commissioner shall return to the judges the list of persons recommended by him the jury commissioner for grand jury duty. The list shall contain the person’s name, gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties. The judges of the superior court shall examine the jury list so returned and from such list a majority of the judges may select, to serve as grand jurors in the superior court of the county during the ensuing year or until a new list of jurors is required, such persons as, in their opinion, should be selected for grand jury duty. The persons so selected shall, in the opinion of the judges selecting them, be persons suitable and competent to serve as jurors, as required by law. law, and the list of their names shall constitute the list of certified names of impaneled persons.
(b) A separate list of prospective regular grand jurors, any carry-over grand jurors, persons recommended by the jury commissioner, persons selected by the court, and certified impaneled grand jurors shall contain the person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties, shall not contain the person’s name, and shall be published on an internet website used for the disclosure of demographic information for the county’s grand jury.

SEC. 7.

 Section 905.5 of the Penal Code is amended to read:

905.5.
 (a) Except as otherwise provided in subdivision (b), the grand jury shall be impaneled and serve during the fiscal year of the county in the manner provided in this chapter.
(b) The board of supervisors of a county may provide that the grand jury shall be impaneled and serve during the calendar year. The board of supervisors shall provide for an appropriate transition from fiscal year term to calendar year term or from calendar year term to fiscal year term for the grand jury. The provisions of subdivisions (a) and (b) of Section 901 shall not be deemed a limitation on any appropriate transition provisions as determined by resolution or ordinance; and, except as otherwise provided in this chapter, no transition grand jury shall serve more than 18 months.
(c) Members of the grand jury shall be entitled to compensation in the amount described in Section 890, and reimbursed for reasonable travel and other costs associated with the performance of duties.

SEC. 8.

 Section 913.5 is added to the Penal Code, to read:

913.5.
 (a) Each superior court shall, on or before March 15, 2024, and on or before March 15 of each year thereafter, provide the Judicial Council with the list and aggregate data of prospective regular grand jurors, any carry-over grand jurors, persons recommended by the jury commissioner, persons selected by the court, and certified impaneled grand jurors that contains the person’s gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties, as well as the name of the judge who selected each person pursuant to Section 903.3.
(b) The Judicial Council shall, on or before June 15, 2024, and on or before June 15 of each year thereafter, report to the Legislature on the information reported by each court pursuant to subdivision (a) on a county and statewide basis.
(c) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 9.

 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.