Bill Text: MI HB4407 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Courts; juries; jury pool selection process; revise. Amends secs. 1304, 1312 & 1321 of 1961 PA 236 (MCL 600.1304 et seq.) & adds secs. 1301c, 1310a & 1310b. TIE BAR WITH: HB 4406'15

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2015-04-14 - Printed Bill Filed 03/27/2015 [HB4407 Detail]

Download: Michigan-2015-HB4407-Introduced.html

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HOUSE BILL No. 4407

 

March 26, 2015, Introduced by Reps. Banks, Neeley, Dillon, Geiss, Garrett, Talabi, Gay-Dagnogo, Byrd, Faris, Hovey-Wright, Zemke, Heise, Townsend and Guerra and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 1304, 1312, and 1321 (MCL 600.1304, 600.1312,

 

and 600.1321), sections 1304 and 1321 as amended by 2004 PA 12 and

 

section 1312 as amended by 2005 PA 6, and by adding sections 1301c,

 

1310a, and 1310b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1301c. (1) The county board of commissioners shall

 

oversee the operations of the jury board in each county.

 

     (2) The jury board in each county shall not enter into any

 

contract for equipment or services without the prior approval of

 

the county board of commissioners.

 

     (3) The jury board in each county shall report annually to the

 

county board of commissioners on the geographical diversity of

 

juries selected in that county during the preceding 12 months.

 

     Sec. 1304. The jury board shall select the names of persons as

 

provided in this chapter to serve as jurors from a list that

 

combines the driver's license list, and the personal identification

 

cardholder list, the names of persons as provided in this chapter

 

to serve as jurors current voter registration lists or books, and a

 

list of individuals who filed a state income tax return.

 

     Sec. 1310a. (1) Between April 15 and May 1 of each year, the

 

township or city clerk shall deliver to the county clerk a full,

 

current, and accurate copy of the voter registration cards

 

containing the names and addresses of the registered voters, or a

 

full, current, and accurate list of those registered together with

 

the current addresses shown on the card.

 

     (2) The board shall secure from the county clerk, and the

 

county clerk shall provide, copies of the current voter

 

registration cards or the current voter registration lists for each

 

precinct in the county. The board shall treat the cards and lists

 

as 1 list, with voters grouped either by precinct or by city,

 

township, or village, as they may be provided.

 

     (3) If electronic or mechanical devices are used by the

 

township, city, or village clerks to carry out their duties, the

 

board, instead of receiving a list from the county clerk of current

 

registered voters, may order the clerks to provide only the names

 

and addresses selected by applying the key number and starting

 

number designated by the board.

 

     Sec. 1310b. (1) Between April 15 and May 1 of each year, the

 

state treasurer shall transmit annually to the clerk of each county

 

at no expense a full, current, and accurate copy of a list of the

 

names and addresses of all individuals residing in that county who

 

filed a state income tax return for the preceding calendar year. At

 

the request of the board before March 1, the state treasurer shall

 

transmit only a first jury list consisting of the names and

 

addresses of those persons selected at random, based on the total

 

number of jurors required as submitted to the state treasurer by

 

the board, using electronic or other mechanical devices.

 

     (2) If a county uses electronic or mechanical devices to carry

 

out its duties, the county may request and receive a copy of the

 

list described in subsection (1) on any electronically produced

 

medium under specifications prescribed by the state treasurer. The

 

state treasurer shall establish specifications standardizing the

 

size, format, and content of media utilized to transmit information

 

used for jury selection.

 

     Sec. 1312. The board shall apply the key number uniformly to

 

the names on the list received pursuant to section under sections

 

1310, 1310a, and 1310b and compile a list or card index, to be

 

known as the first jury list, which shall include every name and

 

only those names as the application of the key number has

 

designated. The board shall do this as follows:

 

     (a) Select by a random method a starting number between 0 and

 

the key number.

 

     (b) Count down the list the number of names to reach the

 

starting number. That name shall be placed on the first jury list.

 

     (c) Continue from that name counting down the list, beginning

 

to count again with the number 1, until the key number is reached.

 

That name shall be placed on the first jury list.

 

     (d) Repeat the process provided in subdivision (c) until the

 

whole list has been counted and the names placed on the first jury

 

list.

 

     (e) The board shall then remove from the first jury list the

 

name of any person who its records show served, pursuant to under

 

the provisions of this chapter, as a petit or grand juror in any

 

court of record in the county at any time in the preceding 1 year.

 

     (f) The board, with the approval of the chief circuit judge,

 

may remove from the first jury list the name of any person who has

 

been convicted of a felony and is therefore disqualified from

 

serving as a juror pursuant to under section 1307a(1)(e).

 

     (g) The board shall reorder the first jury list to the extent

 

necessary to ensure that names of persons residing in each postal

 

zip code within the county will be represented in jury pools

 

selected in that county in proportion to that postal zip code's

 

percentage of the county's total population, as reflected in the

 

most recent federal decennial census.

 

     Sec. 1321. (1) The names of those persons on the first jury

 

list whom the board accepts as persons qualified for and not exempt

 

from jury service shall be compiled into a list to be known as the

 

second jury list. The list shall remain sealed until otherwise

 

ordered by the chief circuit judge.

 

     (2) The board shall make an additional list consisting of the

 

names on the second jury list segregated by the geographical area

 

of the jurisdiction of each district court district. If there are

 

not sufficient names on the segregated list for any district court

 

district, the board shall apply again the key number to that

 

district only and obtain as many additional jurors as needed for

 

that district.

 

     (3) After completing the operation required under subsection

 

(2), the board shall make an additional list consisting of the

 

names on the list compiled under subsection (2), segregated by

 

geographical areas within the county. If there is not sufficient

 

geographical diversity within the segregated list, the board again

 

shall apply the key number to any underrepresented geographical

 

area and obtain as many additional jurors needed to ensure

 

geographical diversity. As used in this subsection, "geographical

 

diversity" means the proportional representation of the population

 

of each postal zip code within the county as a percentage of the

 

total population of the county, as reflected in the most recent

 

federal decennial census.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4406 (request no.

 

02170'15 a) of the 98th Legislature is enacted into law.