Bill Text: IA SSB1084 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring the master list for juror service to be updated annually using an electronic data processing system and eliminating jury commissions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-03-01 - Subcommittee recommends passage. [SSB1084 Detail]
Download: Iowa-2017-SSB1084-Introduced.html
Senate
Study
Bill
1084
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
requiring
the
master
list
for
juror
service
to
be
1
updated
annually
using
an
electronic
data
processing
system
2
and
eliminating
jury
commissions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.322,
subsection
16,
Code
2017,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
331.502,
subsections
34
and
36,
Code
2017,
3
are
amended
by
striking
the
subsections.
4
Sec.
3.
Section
331.653,
subsection
43,
Code
2017,
is
5
amended
by
striking
the
subsection.
6
Sec.
4.
Section
602.1209,
Code
2017,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
17A.
Carry
out
duties
relating
to
the
9
identification
and
service
of
jurors
as
provided
in
chapter
10
607A.
11
Sec.
5.
Section
602.1303,
subsection
3,
Code
2017,
is
12
amended
by
striking
the
subsection.
13
Sec.
6.
Section
602.8102,
subsection
91,
Code
2017,
is
14
amended
by
striking
the
subsection.
15
Sec.
7.
Section
602.8102,
subsection
92,
Code
2017,
is
16
amended
to
read
as
follows:
17
92.
Carry
out
duties
relating
to
the
selection
18
identification
and
service
of
jurors
as
provided
in
chapter
19
607A
.
20
Sec.
8.
Section
607A.3,
Code
2017,
is
amended
by
adding
the
21
following
new
subsections:
22
NEW
SUBSECTION
.
2A.
“Electronic
data
processing
system”
23
means
an
electronic
jury
management
system
as
designated
by
the
24
state
court
administrator.
25
NEW
SUBSECTION
.
3A.
“Jury
pool”
means
the
sum
total
of
26
prospective
jurors
reporting
for
service.
27
Sec.
9.
Section
607A.3,
subsections
3,
5,
6,
10,
11,
and
13,
28
Code
2017,
are
amended
to
read
as
follows:
29
3.
“Juror”
means
any
person
selected
identified
for
service
30
on
either
the
grand
or
petit
jury
who
attends
court
when
31
originally
instructed
to
report
or
is
deferred
to
a
future
date
32
uncertain,
or
is
on-call
and
available
to
report
to
court
when
33
so
needed
and
so
requested
by
the
court.
34
5.
“Master
jury
list”
means
the
list
of
names
taken
from
the
35
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source
lists
for
possible
jury
service.
1
6.
“Motor
vehicle
operators
list
and
nonoperators
2
identification
list
”
means
the
official
records
maintained
by
3
the
state
of
the
names
and
addresses
of
those
individuals
in
4
the
respective
counties
retaining
valid
motor
vehicle
operator
5
driver’s
’s
licenses
on
or
before
March
15
of
each
odd-numbered
6
year
or
nonoperator’s
identification
cards
.
7
10.
“Random
selection”
“Identification”
means
the
selection
8
random
drawing
of
names
in
a
manner
immune
to
any
subjective
9
bias
so
that
no
recognizable
class
of
the
population
from
which
10
names
are
being
selected
randomly
drawn
can
be
purposefully
11
included
or
excluded.
12
11.
“Source
lists”
means
the
voter
registration
list,
the
13
motor
vehicle
operators
list
,
the
nonoperators
identification
14
list,
and
other
comprehensive
lists
of
persons
residing
in
a
15
county
as
identified
pursuant
to
section
607A.22
.
16
13.
“Voter
registration
list”
means
the
official
records
17
maintained
by
the
state
of
names
and
addresses
of
persons
18
registered
to
vote
on
or
before
March
15
of
each
odd-numbered
19
year
.
20
Sec.
10.
Section
607A.3,
subsection
9,
Code
2017,
is
amended
21
by
striking
the
subsection.
22
Sec.
11.
Section
607A.20,
Code
2017,
is
amended
to
read
as
23
follows:
24
607A.20
Jury
manager.
25
If
the
chief
judge
of
the
judicial
district
uses
electronic
26
data
processing
techniques
and
equipment
for
the
drawing
of
27
jurors
in
lieu
of
a
jury
commission,
the
The
chief
judge
of
the
28
judicial
district
shall
,
after
consultation
with
the
clerk,
29
district
court
administrator
and
county
auditor,
appoint
an
30
individual
to
serve
as
the
jury
manager
for
the
each
county
in
31
that
district
.
The
A
jury
manager
shall
be
responsible
for
the
32
implementation
of
this
chapter
for
the
jury
manager’s
county
33
and
shall
assist
the
state
court
administrator
in
implementing
34
this
chapter
.
The
A
jury
manager
shall
update
the
master
list
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from
the
source
lists
at
least
once
every
two
years
beginning
1
January
1
after
the
general
election
is
held
retain
proper
2
records
to
document,
as
directed
by
the
chief
judge
or
state
3
court
administrator,
that
the
procedures
used
to
randomly
4
identify
prospective
jurors
meet
the
requirements
of
this
5
chapter
.
6
Sec.
12.
Section
607A.21,
Code
2017,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
607A.21
Master
jury
list.
9
The
electronic
data
processing
system
shall
create
a
master
10
jury
list
by
merging
all
of
the
names
from
the
source
lists
and
11
removing
duplicative
entries.
The
state
court
administrator
12
shall
ensure
the
electronic
data
processing
system
updates
the
13
master
jury
lists
from
the
source
list
at
least
once
every
14
year.
The
names
entered
in
the
master
jury
lists
constitute
15
the
grand
and
petit
master
jury
lists,
from
which
grand
and
16
petit
jurors
shall
be
identified.
17
Sec.
13.
Section
607A.22,
Code
2017,
is
amended
to
read
as
18
follows:
19
607A.22
Use
of
source
lists
——
information
provided.
20
1.
The
appointive
jury
commission
or
the
jury
manager
state
21
court
administrator
shall
use
both
of
ensure
the
following
22
source
lists
in
are
merged
in
the
electronic
data
processing
23
system
when
preparing
grand
and
petit
master
jury
lists:
24
a.
The
current
voter
registration
list.
25
b.
The
current
motor
vehicle
operators
list
and
nonoperators
26
identification
list
.
27
2.
The
appointive
jury
commission
or
the
A
jury
manager
may
28
use
any
other
current
comprehensive
list
of
persons
residing
in
29
the
county
,
including
but
not
limited
to
the
lists
of
public
30
utility
customers,
which
the
appointive
jury
commission
or
31
jury
manager
determines
are
useable
for
the
purpose
of
a
juror
32
source
list.
33
3.
The
applicable
state
and
local
government
officials
34
shall
furnish,
upon
request,
the
appointive
jury
commission
or
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state
court
administrator
or
the
jury
manager
with
copies
of
1
lists
necessary
for
the
formulation
of
source
lists
at
no
cost
2
to
the
commission,
manager,
or
county
.
3
4.
The
jury
manager
or
jury
commission
may
request
4
a
consolidated
source
list.
A
consolidated
source
list
5
contains
all
the
names
and
addresses
found
in
either
the
voter
6
registration
list
or
the
motor
vehicle
operators
list,
but
does
7
not
duplicate
an
individual’s
name
within
the
consolidated
8
list.
State
officials
shall
cooperate
with
one
another
9
to
prepare
consolidated
lists.
The
jury
manager
or
jury
10
commission
may
further
request
that
only
a
randomly
chosen
11
portion
of
the
consolidated
list
be
prepared
which
may
consist
12
of
either
a
certain
number
of
names
or
a
certain
percentage
of
13
all
the
names
in
the
consolidated
list,
as
specified
by
the
14
jury
manager
or
jury
commission.
15
Sec.
14.
Section
607A.25,
Code
2017,
is
amended
by
striking
16
the
section
and
inserting
in
lieu
thereof
the
following:
17
607A.25
Storing
and
security
of
master
jury
lists.
18
The
master
jury
lists
shall
be
stored
in
the
electronic
data
19
processing
system,
and
shall
be
accessible
to
only
the
state
20
court
administrator
or
state
court
administrator’s
designee,
or
21
the
jury
manager
or
jury
manager’s
designee.
22
Sec.
15.
Section
607A.26,
Code
2017,
is
amended
to
read
as
23
follows:
24
607A.26
Preservation
of
records.
25
The
clerk
or
jury
manager
shall
preserve
all
records
and
26
lists
compiled
and
maintained
in
connection
with
the
selection
27
identification
and
service
of
jurors
for
four
years,
or
for
any
28
longer
period
ordered
by
the
state
court
administrator
or
chief
29
judge
of
the
judicial
district.
30
Sec.
16.
Section
607A.30,
Code
2017,
is
amended
to
read
as
31
follows:
32
607A.30
Time
of
drawing
Drawing
of
jury
pools
.
33
In
counties
using
an
ex
officio
jury
commission,
the
34
required
number
of
jurors
shall
be
drawn
by
the
commission,
or
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a
majority
of
its
members,
at
the
office
of
the
clerk
at
a
time
1
agreed
to
by
the
commissioners.
2
1.
In
counties
using
a
jury
manager,
the
At
times
necessary
3
for
the
identification
of
grand
and
petit
jurors,
the
jury
4
manager
shall
arrange
for
the
selection
of
the
required
5
electronic
data
processing
system
to
draw
the
necessary
number
6
of
grand
and
petit
jurors
at
a
time
and
place
chosen
by
the
7
manager
from
the
master
jury
list
.
8
2.
The
chief
judge
of
the
judicial
district
may
by
order
9
prescribe
the
time
for
the
drawing
by
the
ex
officio
commission
10
or
the
jury
manager.
11
3.
The
jurors
thus
selected
identified
constitute
the
jury
12
pool
and
shall
be
notified
by
the
clerk
or
jury
manager
by
13
regular
mail
when
called.
14
Sec.
17.
Section
607A.33,
Code
2017,
is
amended
by
striking
15
the
section
and
inserting
in
lieu
thereof
the
following:
16
607A.33
Electronic
data
processing
system
——
identifying
17
jurors.
18
The
designated
electronic
data
processing
system
shall
be
19
used
for
the
identification
of
jurors.
20
Sec.
18.
Section
607A.35,
Code
2017,
is
amended
to
read
as
21
follows:
22
607A.35
Filing
list
——
notice
Notice
to
report.
23
After
the
list
or
lists
have
been
drawn
in
the
manner
24
provided
in
section
607A.33
,
the
list
or
lists
shall
be
filed
25
in
the
office
of
the
clerk
or
jury
manager
and
immediately
upon
26
the
request
of
the
court
,
the
clerk
or
manager
shall
issue
a
27
notice
to
report,
by
regular
mail,
to
the
persons
so
drawn
28
identified
to
appear
at
the
courthouse
at
times
as
the
court
29
prescribes,
for
service
as
petit
or
grand
jurors.
30
Sec.
19.
Section
607A.37,
Code
2017,
is
amended
to
read
as
31
follows:
32
607A.37
Cancellation
for
illegality.
33
If
the
court
determines
that
the
petit
or
grand
jurors
34
have
been
illegally
selected,
drawn,
identified
or
notified
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to
report,
the
court
may
set
aside
the
order
under
which
1
the
jurors
were
identified
or
notified
and
direct
that
a
2
new
drawing,
selection
identification
and
notification
of
a
3
sufficient
number
of
replacement
jurors
take
place.
In
that
4
case,
the
ex
officio
jury
commission
shall
meet
at
the
office
5
of
the
clerk,
at
the
time
the
court
directs,
and
proceed
in
the
6
manner
provided
for
the
drawing
of
the
original
panel,
to
draw
7
the
required
number
of
replacement
jurors.
8
Sec.
20.
Section
607A.39,
Code
2017,
is
amended
to
read
as
9
follows:
10
607A.39
Additional
jurors.
11
The
court
may
order
as
many
additional
jurors
drawn
12
identified
for
a
jury
pool
or
panel
as
the
court
deems
13
necessary.
14
Sec.
21.
Section
607A.41,
Code
2017,
is
amended
to
read
as
15
follows:
16
607A.41
Method
of
subsequent
drawing.
17
The
names
of
the
jurors
drawn
identified
under
sections
18
607A.39
and
607A.40
shall
be
drawn
by
the
ex
officio
commission
19
or
the
jury
manager
in
the
manner
provided
for
the
drawing
of
20
an
original
pool
or
panel
electronic
data
processing
system
21
that
was
used
to
draw
the
original
jury
pool
or
panel
.
22
Sec.
22.
Section
607A.43,
Code
2017,
is
amended
to
read
as
23
follows:
24
607A.43
Correcting
illegality
in
original
lists.
25
If
the
court
for
any
reason
determines
that
there
has
been
26
such
substantial
failure
to
comply
with
the
law
relative
to
27
selection
jury
identification
,
preparation,
or
return
of
grand
28
or
petit
lists
that
lawful
grand
or
petit
jurors
cannot
be
29
drawn,
or
that
the
lists
are
exhausted
or
insufficient
for
the
30
needs
of
the
court,
the
court
shall
order
the
ex
officio
jury
31
commission
or
the
jury
manager
or
state
court
administrator
32
to
convene
at
a
fixed
time
and
place
use
electronic
data
33
processing
techniques
to
prepare
lists
in
lieu
of
the
lists
34
which
have
been
found
to
be
illegal,
or
an
additional
list
or
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lists
as
the
court
deems
necessary.
1
Sec.
23.
REPEAL.
Sections
607A.9,
607A.10,
607A.11,
2
607A.12,
607A.13,
607A.14,
607A.15,
607A.16,
607A.17,
607A.18,
3
607A.19,
607A.24,
607A.27,
607A.28,
607A.31,
607A.32,
607A.34,
4
607A.42,
and
607A.44,
Code
2017,
are
repealed.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
juror
identification
process,
9
eliminates
the
use
of
jury
commissions
to
draw
juror
lists,
and
10
requires
the
master
jury
list
to
be
updated
annually
using
an
11
electronic
data
processing
system.
12
Under
current
law,
counties
may
use
jury
commissions
or
a
13
jury
manager
to
draw
up
a
master
jury
list
of
eligible
jurors,
14
return
a
list
of
grand
jurors
and
petit
jurors
to
the
clerk
of
15
district
court,
and
select
the
number
of
required
jurors
from
16
the
grand
juror
or
petit
juror
list.
17
For
counties
that
use
jury
commissions,
the
chief
judge
of
18
the
judicial
district
in
which
the
county
is
located
appoints
a
19
jury
commission
which
is
responsible
for
drawing
up
the
master
20
jury
list
of
potential
jurors,
as
well
as
a
list
of
potential
21
grand
jurors
and
petit
jurors.
An
ex
officio
jury
commission,
22
comprised
of
the
clerk
of
the
district
court
and
the
county
23
auditor,
then
randomly
selects
the
names
from
the
grand
juror
24
list
and
petit
juror
list
to
draw
the
required
number
of
jurors
25
for
a
pool
or
panel.
26
Counties,
however,
are
not
required
to
appoint
jury
27
commissions,
and
may
instead
use
jury
managers.
The
jury
28
manager
for
the
county
is
appointed
by
the
chief
judge
of
the
29
judicial
district,
after
consultation
with
the
clerk
of
court,
30
district
court
administrator,
and
county
auditor.
The
jury
31
manager
draws
up
the
master
jury
list,
draws
up
the
lists
of
32
grand
jurors
and
petit
jurors,
and
randomly
selects
the
names
33
from
the
grand
juror
list
and
petit
juror
list
to
draw
the
34
required
number
of
jurors
for
a
pool
or
panel.
35
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S.F.
_____
H.F.
_____
The
bill
eliminates
jury
commissions.
As
a
result,
counties
1
will
be
required
to
use
jury
managers
to
draw
master
jury
lists
2
and
identify
jurors.
The
bill
also
requires
that
an
electronic
3
data
processing
system
be
used
to
create
a
master
jury
list
and
4
for
the
random
drawing
of
jurors.
5
Under
current
law,
the
master
jury
list
must
be
updated
once
6
every
two
years.
The
master
jury
list
is
the
list
of
names
7
taken
from
all
source
lists,
including
the
voter
registration
8
list
and
the
motor
vehicle
operators
list,
for
possible
jury
9
service.
The
bill
requires
that
the
master
jury
list
be
10
updated
every
year,
and
that
the
master
jury
list
include
the
11
list
of
names
from
the
nonoperators
identification
list.
12
The
bill
provides
that
jury
managers
and
the
state
court
13
administrator
are
responsible
for
implementing
the
provisions
14
of
the
bill.
15
The
bill
makes
conforming
changes.
16
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