Bill Text: IA SF466 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to judicial administration by requiring the master list for juror service to be updated annually using an electronic data processing system, eliminating jury commissions, placing shorthand reporters in exempt status, and requiring the supreme court to supervise the board of examiners of shorthand reporters. (Formerly SSB 1084.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-11 - Signed by Governor. S.J. 1136. [SF466 Detail]
Download: Iowa-2017-SF466-Enrolled.html
Senate File 466 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1084)
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A BILL FOR
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Senate File 466
AN ACT
RELATING TO JUDICIAL ADMINISTRATION BY REQUIRING THE
MASTER LIST FOR JUROR SERVICE TO BE UPDATED ANNUALLY USING
AN ELECTRONIC DATA PROCESSING SYSTEM, ELIMINATING JURY
COMMISSIONS, PLACING SHORTHAND REPORTERS IN EXEMPT STATUS,
AND REQUIRING THE SUPREME COURT TO SUPERVISE THE BOARD OF
EXAMINERS OF SHORTHAND REPORTERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 331.322, subsection 16, Code 2017, is
amended by striking the subsection.
Sec. 2. Section 331.502, subsections 34 and 36, Code 2017,
are amended by striking the subsections.
Sec. 3. Section 331.653, subsection 43, Code 2017, is
amended by striking the subsection.
Sec. 4. Section 602.1209, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 17A. Carry out duties relating to the
identification and service of jurors as provided in chapter
607A.
Sec. 5. Section 602.1303, subsection 3, Code 2017, is
amended by striking the subsection.
Sec. 6. Section 602.3101, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. The supreme court shall supervise the
board and may review, approve, modify, or reject any board
action, procedure, or decision. The supreme court may adopt
rules to implement this subsection.
Sec. 7. NEW SECTION. 602.3206 Exempt status.
If a person's certification as a shorthand reporter is
placed in exempt status, the person may transcribe or certify
a proceeding the person reported while certified as an active
shorthand reporter. A person transcribing or certifying a
proceeding pursuant to this section shall remain subject to the
jurisdiction of the board of examiners of shorthand reporters.
Sec. 8. Section 602.8102, subsection 91, Code 2017, is
amended by striking the subsection.
Sec. 9. Section 602.8102, subsection 92, Code 2017, is
amended to read as follows:
92. Carry out duties relating to the selection
identification and service of jurors as provided in chapter
607A.
Sec. 10. Section 607A.3, Code 2017, is amended by adding the
following new subsections:
NEW SUBSECTION. 2A. "Electronic data processing system"
means an electronic jury management system as designated by the
state court administrator.
NEW SUBSECTION. 3A. "Jury pool" means the sum total of
prospective jurors reporting for service.
Sec. 11. Section 607A.3, subsections 3, 5, 6, 10, 11, and
13, Code 2017, are amended to read as follows:
3. "Juror" means any person selected identified for service
on either the grand or petit jury who attends court when
originally instructed to report or is deferred to a future date
uncertain, or is on=call and available to report to court when
so needed and so requested by the court.
5. "Master jury list" means the list of names taken from the
source lists for possible jury service.
6. "Motor vehicle operators list and nonoperators
identification list" means the official records maintained
by the state of the names and addresses of those individuals
in the respective counties retaining valid motor vehicle
operator's driver's licenses on or before March 15 of each
odd=numbered year or nonoperator's identification cards.
10. "Random selection" "Identification" means the selection
random drawing of names in a manner immune to any subjective
bias so that no recognizable class of the population from which
names are being selected randomly drawn can be purposefully
included or excluded.
11. "Source lists" means the voter registration list, the
motor vehicle operators list, the nonoperators identification
list, and other comprehensive lists of persons residing in a
county as identified pursuant to section 607A.22.
13. "Voter registration list" means the official records
maintained by the state of names and addresses of persons
registered to vote on or before March 15 of each odd=numbered
year.
Sec. 12. Section 607A.3, subsection 9, Code 2017, is amended
by striking the subsection.
Sec. 13. Section 607A.20, Code 2017, is amended to read as
follows:
607A.20 Jury manager.
If the chief judge of the judicial district uses electronic
data processing techniques and equipment for the drawing of
jurors in lieu of a jury commission, the The chief judge of the
judicial district shall, after consultation with the clerk,
district court administrator and county auditor, appoint an
individual to serve as the jury manager for the each county in
that district. The A jury manager shall be responsible for the
implementation of this chapter for the jury manager's county
and shall assist the state court administrator in implementing
this chapter. The A jury manager shall update the master list
from the source lists at least once every two years beginning
January 1 after the general election is held retain proper
records to document, as directed by the chief judge or state
court administrator, that the procedures used to randomly
identify prospective jurors meet the requirements of this
chapter.
Sec. 14. Section 607A.21, Code 2017, is amended by striking
the section and inserting in lieu thereof the following:
607A.21 Master jury list.
The electronic data processing system shall create a master
jury list by merging all of the names from the source lists and
removing duplicative entries. The state court administrator
shall ensure the electronic data processing system updates the
master jury lists from the source list at least once every
year. The names entered in the master jury lists constitute
the grand and petit master jury lists, from which grand and
petit jurors shall be identified.
Sec. 15. Section 607A.22, Code 2017, is amended to read as
follows:
607A.22 Use of source lists ==== information provided.
1. The appointive jury commission or the jury manager state
court administrator shall use both of ensure the following
source lists in are merged in the electronic data processing
system when preparing grand and petit master jury lists:
a. The current voter registration list.
b. The current motor vehicle operators list and nonoperators
identification list.
2. The appointive jury commission or the A jury manager may
use any other current comprehensive list of persons residing in
the county, including but not limited to the lists of public
utility customers, which the appointive jury commission or
state court administrator or the jury manager determines are
useable for the purpose of a juror source list.
3. The applicable state and local government officials
shall furnish, upon request, the appointive jury commission or
state court administrator or the jury manager with copies of
lists necessary for the formulation of source lists at no cost
to the commission, manager, or county.
4. The jury manager or jury commission may request
a consolidated source list. A consolidated source list
contains all the names and addresses found in either the voter
registration list or the motor vehicle operators list, but does
not duplicate an individual's name within the consolidated
list. State officials shall cooperate with one another
to prepare consolidated lists. The jury manager or jury
commission may further request that only a randomly chosen
portion of the consolidated list be prepared which may consist
of either a certain number of names or a certain percentage of
all the names in the consolidated list, as specified by the
jury manager or jury commission.
Sec. 16. Section 607A.25, Code 2017, is amended by striking
the section and inserting in lieu thereof the following:
607A.25 Storing and security of master jury lists.
The master jury lists shall be stored in the electronic data
processing system, and shall be accessible to only the state
court administrator or state court administrator's designee, or
the jury manager or jury manager's designee.
Sec. 17. Section 607A.26, Code 2017, is amended to read as
follows:
607A.26 Preservation of records.
The clerk or jury manager shall preserve all records and
lists compiled and maintained in connection with the selection
identification and service of jurors for four years, or for any
longer period ordered by the state court administrator or chief
judge of the judicial district.
Sec. 18. Section 607A.30, Code 2017, is amended to read as
follows:
607A.30 Time of drawing Drawing of jury pools.
In counties using an ex officio jury commission, the
required number of jurors shall be drawn by the commission, or
a majority of its members, at the office of the clerk at a time
agreed to by the commissioners.
1. In counties using a jury manager, the At times necessary
for the identification of grand and petit jurors, the jury
manager shall arrange for the selection of the required
electronic data processing system to draw the necessary number
of grand and petit jurors at a time and place chosen by the
manager from the master jury list.
2. The chief judge of the judicial district may by order
prescribe the time for the drawing by the ex officio commission
or the jury manager.
3. The jurors thus selected identified constitute the jury
pool and shall be notified by the clerk or jury manager by
regular mail when called.
Sec. 19. Section 607A.33, Code 2017, is amended by striking
the section and inserting in lieu thereof the following:
607A.33 Electronic data processing system ==== identifying
jurors.
The designated electronic data processing system shall be
used for the identification of jurors.
Sec. 20. Section 607A.35, Code 2017, is amended to read as
follows:
607A.35 Filing list ==== notice Notice to report.
After the list or lists have been drawn in the manner
provided in section 607A.33, the list or lists shall be filed
in the office of the clerk or jury manager and immediately upon
the request of the court, the clerk or manager shall issue a
notice to report, by regular mail, to the persons so drawn
identified to appear at the courthouse at times as the court
prescribes, for service as petit or grand jurors.
Sec. 21. Section 607A.37, Code 2017, is amended to read as
follows:
607A.37 Cancellation for illegality.
If the court determines that the petit or grand jurors
have been illegally selected, drawn, identified or notified
to report, the court may set aside the order under which
the jurors were identified or notified and direct that a
new drawing, selection identification and notification of a
sufficient number of replacement jurors take place. In that
case, the ex officio jury commission shall meet at the office
of the clerk, at the time the court directs, and proceed in the
manner provided for the drawing of the original panel, to draw
the required number of replacement jurors.
Sec. 22. Section 607A.39, Code 2017, is amended to read as
follows:
607A.39 Additional jurors.
The court may order as many additional jurors drawn
identified for a jury pool or panel as the court deems
necessary.
Sec. 23. Section 607A.41, Code 2017, is amended to read as
follows:
607A.41 Method of subsequent drawing.
The names of the jurors drawn identified under sections
607A.39 and 607A.40 shall be drawn by the ex officio commission
or the jury manager in the manner provided for the drawing of
an original pool or panel electronic data processing system
that was used to draw the original jury pool or panel.
Sec. 24. Section 607A.43, Code 2017, is amended to read as
follows:
607A.43 Correcting illegality in original lists.
If the court for any reason determines that there has been
such substantial failure to comply with the law relative to
selection jury identification, preparation, or return of grand
or petit lists that lawful grand or petit jurors cannot be
drawn, or that the lists are exhausted or insufficient for the
needs of the court, the court shall order the ex officio jury
commission or the jury manager or state court administrator
to convene at a fixed time and place use electronic data
processing techniques to prepare lists in lieu of the lists
which have been found to be illegal, or an additional list or
lists as the court deems necessary.
Sec. 25. REPEAL. Sections 607A.9, 607A.10, 607A.11,
607A.12, 607A.13, 607A.14, 607A.15, 607A.16, 607A.17, 607A.18,
607A.19, 607A.24, 607A.27, 607A.28, 607A.31, 607A.32, 607A.34,
607A.42, and 607A.44, Code 2017, are repealed.
JACK WHITVER
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 466, Eighty=seventh General Assembly.
W. CHARLES SMITHSON
Secretary of the Senate
Approved , 2017
TERRY E. BRANSTAD
Governor
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