Bill Text: IA SF2265 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act requiring the master list for juror service to be updated using an electronic data processing system annually and eliminating jury commissions. (Formerly SSB 3166.)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2016-03-01 - Read first time, referred to Judiciary. H.J. 356. [SF2265 Detail]

Download: Iowa-2015-SF2265-Introduced.html

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Senate File 2265 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3166)

                                      A BILL FOR

  1 An Act requiring the master list for juror service to be
  2    updated using an electronic data processing system annually
  3    and eliminating jury commissions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 331.322, subsection 16, Code 2016, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 331.502, subsection 34, Code 2016, is
  1  4 amended by striking the subsection.
  1  5    Sec. 3.  Section 331.653, subsection 43, Code 2016, is
  1  6 amended by striking the subsection.
  1  7    Sec. 4.  Section 602.1209, Code 2016, is amended by adding
  1  8 the following new subsection:
  1  9    NEW SUBSECTION.  16A.  Carry out duties relating to the
  1 10 selection of jurors as provided in chapter 607A.
  1 11    Sec. 5.  Section 602.1303, subsection 3, Code 2016, is
  1 12 amended by striking the subsection.
  1 13    Sec. 6.  Section 602.8102, subsection 91, Code 2016, is
  1 14 amended by striking the subsection.
  1 15    Sec. 7.  Section 607A.3, Code 2016, is amended by adding the
  1 16 following new subsections:
  1 17    NEW SUBSECTION.  2A.  "Electronic data processing system"
  1 18 means an electronic jury management system as designated by the
  1 19 state court administrator.
  1 20    NEW SUBSECTION.  3A.  "Jury pool" means the sum total of
  1 21 prospective jurors reporting for service and not drawn or
  1 22 assigned to a courtroom, judge, or trial.
  1 23    Sec. 8.  Section 607A.3, subsections 5, 6, 10, 11, and 13,
  1 24 Code 2016, are amended to read as follows:
  1 25    5.  "Master jury list" means the list of names taken from the
  1 26 source lists for possible jury service.
  1 27    6.  "Motor vehicle operators list and nonoperators
  1 28 identification list" means the official records maintained
  1 29 by the state of the names and addresses of those individuals
  1 30 in the respective counties retaining valid motor vehicle
  1 31 operator's driver's licenses on or before March 15 of each
  1 32 odd=numbered year or nonoperator's identification cards.
  1 33    10.  "Random selection identification" means the selection
  1 34 of names in a manner immune to any subjective bias so that no
  1 35 recognizable class of the population from which names are being
  2  1 selected can be purposefully included or excluded.
  2  2    11.  "Source lists" means the voter registration list, the
  2  3 motor vehicle operators list, the nonoperators identification
  2  4 list, and other comprehensive lists of persons residing in a
  2  5 county as identified pursuant to section 607A.22.
  2  6    13.  "Voter registration list" means the official records
  2  7 maintained by the state of names and addresses of persons
  2  8 registered to vote on or before March 15 of each odd=numbered
  2  9 year.
  2 10    Sec. 9.  Section 607A.3, subsection 9, Code 2016, is amended
  2 11 by striking the subsection.
  2 12    Sec. 10.  Section 607A.20, Code 2016, is amended to read as
  2 13 follows:
  2 14    607A.20  Jury manager.
  2 15    If the chief judge of the judicial district uses electronic
  2 16 data processing techniques and equipment for the drawing of
  2 17 jurors in lieu of a jury commission, the The chief judge of the
  2 18 judicial district shall, after consultation with the clerk,
  2 19 district court administrator and county auditor, appoint an
  2 20 individual to serve as the jury manager for the each county in
  2 21 that district. The A jury manager shall be responsible for the
  2 22 implementation of this chapter for the jury manager's county
  2 23 and shall assist the state court administrator in implementing
  2 24 this chapter. The A jury manager shall update the master list
  2 25 from the source lists at least once every two years beginning
  2 26 January 1 after the general election is held retain proper
  2 27 records to document, as directed by the chief judge or state
  2 28 court administrator, that the procedures used to randomly
  2 29 identify prospective jurors meet the requirements of this
  2 30 chapter.
  2 31    Sec. 11.  Section 607A.21, Code 2016, is amended by striking
  2 32 the section and inserting in lieu thereof the following:
  2 33    607A.21  Master jury list.
  2 34    The electronic data processing system shall create a master
  2 35 jury list by merging all of the names from the source lists and
  3  1 removing duplicative entries. The state court administrator
  3  2 shall ensure the electronic data processing system updates the
  3  3 master jury lists from the source list at least once every
  3  4 year.  The names entered in the master jury lists constitute
  3  5 the grand and petit master jury lists, from which grand and
  3  6 petit jurors shall be drawn.
  3  7    Sec. 12.  Section 607A.22, Code 2016, is amended to read as
  3  8 follows:
  3  9    607A.22  Use of source lists == information provided.
  3 10    1.  The appointive jury commission or the jury manager state
  3 11 court administrator shall use both of ensure the following
  3 12 source lists in are merged in the electronic data processing
  3 13 system when preparing grand and petit master jury lists:
  3 14    a.  The current voter registration list.
  3 15    b.  The current motor vehicle operators list and nonoperators
  3 16 identification list.
  3 17    2.  The appointive jury commission or the A jury manager may
  3 18 use any other current comprehensive list of persons residing in
  3 19 the county, including but not limited to the lists of public
  3 20 utility customers, which the appointive jury commission or
  3 21  jury manager determines are useable for the purpose of a juror
  3 22 source list.
  3 23    3.  The applicable state and local government officials
  3 24 shall furnish, upon request, the appointive jury commission or
  3 25  state court administrator or the jury manager with copies of
  3 26 lists necessary for the formulation of source lists at no cost
  3 27 to the commission, manager, or county.
  3 28    4.  The jury manager or jury commission may request
  3 29 a consolidated source list. A consolidated source list
  3 30 contains all the names and addresses found in either the voter
  3 31 registration list or the motor vehicle operators list, but does
  3 32 not duplicate an individual's name within the consolidated
  3 33 list. State officials shall cooperate with one another
  3 34 to prepare consolidated lists. The jury manager or jury
  3 35 commission may further request that only a randomly chosen
  4  1 portion of the consolidated list be prepared which may consist
  4  2 of either a certain number of names or a certain percentage of
  4  3 all the names in the consolidated list, as specified by the
  4  4 jury manager or jury commission.
  4  5    Sec. 13.  Section 607A.25, Code 2016, is amended by striking
  4  6 the section and inserting in lieu thereof the following:
  4  7    607A.25  Storing and security of master jury lists.
  4  8    The master jury lists shall be stored in the electronic data
  4  9 processing system, and shall be accessible to only the state
  4 10 court administrator or state court administrator's designee, or
  4 11 the jury manager or jury manager's designee.
  4 12    Sec. 14.  Section 607A.26, Code 2016, is amended to read as
  4 13 follows:
  4 14    607A.26  Preservation of records.
  4 15    The clerk or jury manager shall preserve all records and
  4 16 lists compiled and maintained in connection with the selection
  4 17  identification and service of jurors for four years, or for any
  4 18 longer period ordered by the state court administrator or chief
  4 19 judge of the judicial district.
  4 20    Sec. 15.  Section 607A.30, Code 2016, is amended to read as
  4 21 follows:
  4 22    607A.30  Time of drawing Drawing of jury pools.
  4 23    In counties using an ex officio jury commission, the
  4 24 required number of jurors shall be drawn by the commission, or
  4 25 a majority of its members, at the office of the clerk at a time
  4 26 agreed to by the commissioners.
  4 27    1.  In counties using a jury manager, the At times necessary
  4 28 for drawing grand and petit jurors, the jury manager shall
  4 29 arrange for the selection of the required electronic data
  4 30 processing system to draw the necessary number of grand and
  4 31 petit jurors at a time and place chosen by the manager from the
  4 32 master jury list.
  4 33    2.  The chief judge of the judicial district may by order
  4 34 prescribe the time for the drawing by the ex officio commission
  4 35 or the jury manager.
  5  1    3.  The jurors thus selected identified constitute the jury
  5  2 pool and shall be notified by the clerk or jury manager by
  5  3 regular mail when called.
  5  4    Sec. 16.  Section 607A.33, Code 2016, is amended by striking
  5  5 the section and inserting in lieu thereof the following:
  5  6    607A.33  Electronic data processing == identifying jurors.
  5  7    The designated electronic data processing system shall be
  5  8 used for the random drawing of the number of jurors needed.
  5  9    Sec. 17.  Section 607A.35, Code 2016, is amended to read as
  5 10 follows:
  5 11    607A.35  Filing list == notice Notice to report.
  5 12    After the list or lists have been drawn in the manner
  5 13 provided in section 607A.33, the list or lists shall be filed
  5 14 in the office of the clerk or jury manager and immediately upon
  5 15 the request of the court, the clerk or manager shall issue a
  5 16 notice to report, by regular mail, to the persons so drawn to
  5 17 appear at the courthouse at times as the court prescribes, for
  5 18 service as petit or grand jurors.
  5 19    Sec. 18.  Section 607A.37, Code 2016, is amended to read as
  5 20 follows:
  5 21    607A.37  Cancellation for illegality.
  5 22    If the court determines that the petit or grand jurors
  5 23 have been illegally selected, drawn, or notified to report,
  5 24 the court may set aside the order under which the jurors
  5 25 were notified and direct that a new drawing, selection and
  5 26 notification of a sufficient number of replacement jurors take
  5 27 place. In that case, the ex officio jury commission shall meet
  5 28 at the office of the clerk, at the time the court directs, and
  5 29 proceed in the manner provided for the drawing of the original
  5 30 panel, to draw the required number of replacement jurors.
  5 31    Sec. 19.  Section 607A.39, Code 2016, is amended to read as
  5 32 follows:
  5 33    607A.39  Additional jurors.
  5 34    The court may order as many additional jurors drawn for a
  5 35 jury pool or panel as the court deems necessary.
  6  1    Sec. 20.  Section 607A.41, Code 2016, is amended to read as
  6  2 follows:
  6  3    607A.41  Method of subsequent drawing.
  6  4    The names of the jurors drawn under sections 607A.39 and
  6  5 607A.40 shall be drawn by the ex officio commission or the jury
  6  6 manager in the manner provided for the drawing of an original
  6  7 pool or panel electronic data processing system that was used
  6  8 to draw the original jury pool or panel.
  6  9    Sec. 21.  Section 607A.43, Code 2016, is amended to read as
  6 10 follows:
  6 11    607A.43  Correcting illegality in original lists.
  6 12    If the court for any reason determines that there has been
  6 13 such substantial failure to comply with the law relative to
  6 14 selection jury identification, preparation, or return of grand
  6 15 or petit lists that lawful grand or petit jurors cannot be
  6 16 drawn, or that the lists are exhausted or insufficient for the
  6 17 needs of the court, the court shall order the ex officio jury
  6 18 commission or the jury manager or state court administrator
  6 19  to convene at a fixed time and place use electronic data
  6 20 processing techniques to prepare lists in lieu of the lists
  6 21 which have been found to be illegal, or an additional list or
  6 22 lists as the court deems necessary.
  6 23    Sec. 22.  REPEAL.  Sections 607A.9, 607A.10, 607A.11,
  6 24 607A.12, 607A.13, 607A.14, 607A.15, 607A.16, 607A.17, 607A.18,
  6 25 607A.19, 607A.24, 607A.27, 607A.28, 607A.31, 607A.32, 607A.34,
  6 26 607A.42, and 607A.44, Code 2016, are repealed.
  6 27                           EXPLANATION
  6 28 The inclusion of this explanation does not constitute agreement with
  6 29 the explanation's substance by the members of the general assembly.
  6 30    This bill relates to the juror selection process, eliminates
  6 31 the use of jury commissions to draw juror lists, and requires
  6 32 the master jury list to be updated using an electronic data
  6 33 processing system annually.
  6 34    Under current law, counties may use jury commissions or a
  6 35 jury manager to draw up a master jury list of eligible jurors,
  7  1 return a list of grand jurors and petit jurors to the clerk of
  7  2 district court, and select the number of required jurors from
  7  3 the grand juror or petit juror list.
  7  4    For counties that use jury commissions, an appointive jury
  7  5 commission is appointed for the county by the chief judge of
  7  6 the judicial district in which the county is located and is
  7  7 responsible for drawing up the master jury list of potential
  7  8 jurors, as well as a list of potential grand jurors and petit
  7  9 jurors. An ex officio jury commission, comprised of the clerk
  7 10 of the district court and the county auditor, then randomly
  7 11 selects the names from the grand juror list and petit juror
  7 12 list to draw the required number of jurors for a pool or panel.
  7 13    Counties, however, are not required to appoint jury
  7 14 commissions, and may instead use jury managers.  The jury
  7 15 manager for the county is appointed by the chief judge of the
  7 16 judicial district, after consultation with the clerk of court,
  7 17 district court administrator, and county auditor. The jury
  7 18 manager draws up the master jury list, draws up the lists of
  7 19 grand jurors and petit jurors, and randomly selects the names
  7 20 from the grand juror list and petit juror list to draw the
  7 21 required number of jurors for a pool or panel.
  7 22    The bill eliminates jury commissions. As a result, counties
  7 23 will be required to use jury managers to draw master jury lists
  7 24 and select jurors. The bill also requires that an electronic
  7 25 data processing system be used to create a master jury list and
  7 26 for the random drawing of jurors.
  7 27    Under current law, the master jury list must be updated once
  7 28 every two years. The master jury list is the list of names
  7 29 taken from all source lists, including the voter registration
  7 30 list and the motor vehicle operators list, for possible jury
  7 31 service. The bill requires that the master jury list be
  7 32 updated every year, and that the master jury list include the
  7 33 nonoperators identification list.
  7 34    The bill provides that jury managers and the state court
  7 35 administrator are responsible for implementing the provisions
  8  1 of the bill.
  8  2    The bill makes conforming changes.
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