Bill Text: CA AB1906 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Additional grand juries: County of San Bernardino.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-07-15 - Chaptered by Secretary of State - Chapter 87, Statutes of 2010. [AB1906 Detail]

Download: California-2009-AB1906-Chaptered.html

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BILL NUMBER: AB 1906	CHAPTERED
	BILL TEXT

	CHAPTER  87
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JULY 1, 2010
	PASSED THE ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Cook
   (Coauthor: Assembly Member Hagman)

                        FEBRUARY 16, 2010

   An act to add Section 904.7 to the Penal Code, relating to grand
juries.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1906, Cook. Additional grand juries: County of San Bernardino.
   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 to
serve for a period of one year upon the request of the Attorney
General or the district attorney or upon his or her own motion.
Existing law 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, who may serve for a period of one year from the date of
impanelment.
   This bill would authorize the Presiding Judge of the Superior
Court of the County of San Bernardino, or the judge appointed by the
presiding judge to supervise the grand jury, to impanel an additional
civil grand jury, for a term to be determined by the presiding or
supervising judge, in accordance with specified procedures. The bill
would provide that the additional civil grand jury may inquire into
matters of oversight, conduct investigations, issue reports, and make
recommendations, but shall not have jurisdiction to issue
indictments.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 904.7 is added to the Penal Code, to read:
   904.7.  (a) Notwithstanding subdivision (a) of Section 904.6 or
any other provision, in the County of San Bernardino, 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 an additional civil 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 civil grand jury that is impaneled pursuant to
this section may serve for a term as determined by the presiding
judge or the judge appointed by the presiding judge to supervise the
civil grand jury, but may be discharged at any time within the set
term by order of the presiding judge or the judge appointed by the
presiding judge to supervise the civil grand jury. In no event shall
more than one additional civil grand jury be impaneled pursuant to
this section at the same time.
   (d) Whenever an additional civil grand jury is impaneled pursuant
to this section, it may inquire into matters of oversight, conduct
investigations, issue reports, and make recommendations, except for
any matters that the regular grand jury is inquiring into at the time
of its impanelment. Any additional civil grand jury impaneled
pursuant to this section shall not have jurisdiction to issue
indictments.
   (e) It is the intent of the Legislature that, in the County of San
Bernardino, 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.