BILL ANALYSIS
AB 1906
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1906 (Cook) - As Amended: April 6, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the presiding or supervising judge of the
Superior Court of San Bernardino County, upon request of the
Attorney General (AG) or the district attorney, or upon his or
her own motion, to order the formation of an additional civil
grand jury as specified.
Provides that if and when an additional civil grand jury is
impaneled, it may provide oversight, conduct investigations,
issue reports and make recommendations, except for any matters
the regular grand jury is inquiring into at the time of its
impanelment. A civil grand jury impaneled pursuant to this
section shall not have jurisdiction to issue indictments.
FISCAL EFFECT
Minor nonreimbursable permissive costs to San Bernardino County,
likely less than $200,000 per year to support an additional
grand jury.
COMMENTS
1)Rationale. According to the author and San Bernardino County -
who originally proposed authorizing two additional grand
juries for the county, but agreed in the Assembly Public
Safety Committee to one grand jury limited to civil matters
with no authority to issue indictments - the grand jury
workload in San Bernardino County merits an additional grand
jury.
The author states, "Increasing the number of Grand Juries will
AB 1906
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increase the capability to conduct thorough investigations
into civil and criminal proceedings as it has done for Los
Angeles County."
2)Current law specifies that one or more grand juries shall be
summoned at least once a year in each county and provides that
the presiding or supervising judge of the superior court may,
upon request of the AG or the district attorney, or upon his
or her own motion, direct the impanelment of one additional
grand jury.
Current law also states that, to assist the grand jury in the
performance of its statutory duties regarding civil matters,
the court, in consultation with the district attorney, the
county counsel, and at least one former grand juror, shall
ensure that a grand jury that considers or takes action on
civil matters receives training that addresses report writing,
interviews, and the scope of the grand jury's responsibility
and statutory authority and provides that any costs incurred
by the court shall be absorbed by the court or the county from
existing resources.
L.A. County is the only county authorized to impanel an
additional grand jury beyond the two authorized in current
law.
3)Support . According to San Bernardino County, "The grand jury
is charged with the distinguished and arduous role of
'watchdog' of public office, with the potential to uncover
substantive opportunities for improvements in public
operations each year. Grand jury responsibilities associated
with overseeing San Bernardino county, the largest
geographical county, with 18,000 employees and two million
residents, is difficult under current conditions. Foremen of
recent grand juries have described their involvedness as
'impossible to do a thorough investigation of this massive
operation,' 'laborious and exhaustive' and requiring time
spent during 'evenings and off-days.' "
The county contends the impanelment of an additional civil
grand jury will allow for more thorough investigations,
enhance public service and alleviate the burden of grand jury
service.
4)Prior Legislation.
AB 1906
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a) AB 1854 (Garrick), 2007-08, which authorized San Diego
County to impanel one additional grand jury, failed in the
Senate Public Safety Committee.
b) SB 796 (Runner), Chapter 82, Statutes of 2007,
authorized L.A. County to impanel an additional grand jury
in that county, as specified.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081