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        
           
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          |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