BILL ANALYSIS AB 1906 Page 1 ASSEMBLY THIRD READING AB 1906 (Cook) As Amended April 14, 2010 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Jim |Ayes:|Fuentes, Conway, Ammiano, | | |Beall, Gilmore, Hill, | |Bradford, Charles | | |Portantino, Skinner | |Calderon, Coto, Davis, | | | | |Nava, Hall, Harkey, | | | | |Miller, Nielsen, Norby, | | | | |Skinner, Solorio, | | | | |Torlakson, Torrico | ----------------------------------------------------------------- SUMMARY : Authorizes the Presiding Judge of the Superior Court of the County of San Bernardino, or the judge appointed by the presiding judge to supervise the grand jury, to impanel an additional civil grand jury, for a term to be determined by the presiding or supervising judge, in accordance with specified procedures. Specifically, this bill : 1)States that the presiding judge or the judge appointed by the presiding judge to supervise the civil grand jury shall select persons, at random, from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as civil grand jurors. When a sufficient number of competent persons have been selected, they shall constitute an additional civil grand jury. 2)Provides that whenever an additional civil grand jury is impaneled pursuant to this section, they may inquire into matters of oversight, conduct investigations, and may issue reports and make recommendations except for any matters that the regular grand jury is inquiring into at the time of its impanelment. Any additional civil grand jury impaneled pursuant to this section shall not have jurisdiction to issue indictments. EXISTING LAW : 1)Provides that one or more grand juries shall be drawn and AB 1906 Page 2 summoned at least once a year in each county. 2)Provides that in any county, or city and county, the presiding judge of the superior court, or the judge appointed by the presiding judge to supervise the grand jury may, upon the request of the Attorney General or the district attorney, or upon his or her own motion, order and direct the impanelment of one additional grand jury. 3)States that in any county having a population of more than 370,000 but less than 400,000, as established by the Government Code, the presiding judge of the superior court, upon application by the district attorney, may order and direct the drawing and impanelment at any time of one additional grand jury. 4)Provides that the presiding judge may select persons at random from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as grand jurors. When a sufficient number of competent persons have been selected, they shall constitute the additional grand jury. 5)States that in no event shall more than one additional grand jury be impaneled pursuant to this section at the same time. 6)Provides that whenever an additional grand jury is impaneled pursuant to this section, it shall inquire into any matters that are subject to grand jury inquiry and shall have the sole and exclusive jurisdiction to return indictments, except for any matters that the regular grand jury is inquiring into at the time of its impanelment. 7)States that if an additional grand jury is also authorized by another section, the county may impanel the additional grand jury authorized by this section, or by the other section, but not both. 8)Requires that in all counties there shall be at least one grand jury drawn and impaneled in each year. 9)Provides that any person summoned as a grand juror, who willfully and without reasonable excuse fails to attend, may be attached and compelled to attend and the court may also AB 1906 Page 3 impose a fine not exceeding $50. States that if the grand juror was not personally served, the fine shall not be imposed until an order to show cause has been offered to the grand juror to be heard. 10)Specifies the procedures to summoning a sufficient number of grand jurors, and the procedures to be followed if membership in the grand jury is reduced for any reason by vacancies. 11)Provides that when the grand jury is impaneled and sworn, it shall be charged by the court and the court shall give the grand jurors such information as it deems proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor nonreimbursable permissive costs to San Bernardino County, likely less than $200,000 per year to support an additional grand jury. COMMENTS : According to the author, "This bill is essential to the County of San Bernardino and, more importantly, essential for the residents and taxpayers who live there. Oversight and investigation of government goes hand-in-hand with the basic democratic principals we hold so dear. Unfortunately, the County of San Bernardino has a great need for the work of a grand jury, and one grand jury is not adequate. Alternatives, such as establishing an Ethics Commission, are much more expensive and infeasible during this time of strained budgets. AB 1906 provides the best solution to a difficult problem." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003995