BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1133|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1133
Author: Silva (R)
Amended: 6/22/11 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/7/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
ASSEMBLY FLOOR : 68-0, 04/25/11 (Consent) - See last page
for vote
SUBJECT : Grand jurors: conflict of interest
SOURCE : Orange County Board of Supervisors
DIGEST : This bill requires a grand juror who is an
employee of, or who was employed within the prior three
years by, an agency within the civil grand jury's
investigative jurisdiction to inform the foreperson and
court of that fact and require the grand juror to recuse
himself/herself from participating in any grand jury civil
investigation of that agency.
Senate Floor Amendments of 6/22/11 clarify that this bill
shall not be interpreted to preempt any local policies, in
addition to any local rules.
ANALYSIS : Existing law provides that a person is
competent to act as a grand juror only if he or she
possesses specified qualifications. Existing law specifies
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the exemptions and excuses which relieve a person from
liability to serve as a grand juror. The jury commissioner
is required to inquire into the qualifications of
prospective grand jurors and return a list of recommended
grand jurors to the court. No challenge shall be made or
allowed to the panel from which the grand jury is drawn,
nor to an individual, except when made by the court for
want of qualification, as prescribed.
This bill requires a grand juror who is an employee of, or
who was employed within the prior three years by, an agency
within the civil grand jury's investigative jurisdiction to
inform the foreperson and court of that fact.
This bill also requires the grand juror to recuse himself
or herself from participating in any grand jury civil
investigation of that agency, including any discussion or
vote concerning a civil investigation of that agency.
This bill specifies that this section shall be in addition
to any local policies or rules regarding conflict of
interest for grand jurors.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/22/11)
Orange County Board of Supervisors (source)
ARGUMENTS IN SUPPORT : According to the author's office,
"There are no statutes that pertain to grand jury conflicts
of interest or bias in the context of a grand jury's civil
investigative function. Existing law has left it up to
each grand jury to adopt its own rules on how to handle
such conflicts. This bill would require a grand juror to
abstain from participating in investigations due to a
conflict of interest arising from prior or current
employment.
"Recently, a concern arose where grand jurors, who were
former employees of an agency being investigated,
participated in the investigation. This created a
perception that there was a possible bias in the outcome of
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the investigation.
"Whether the bias is founded or unfounded, it taints the
public's perception of the grand jury as a neutral,
unbiased arm of the judiciary. The addition of Section
916.2 pertaining to conflicts of interest would help
alleviate some of that concern."
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Galgiani, Garrick, Gatto,
Gordon, Grove, Hagman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,
Mitchell, Nestande, Nielsen, Norby, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Ammiano, Donnelly, Fletcher, Furutani,
Gorell, Halderman, Jeffries, Mansoor, Monning, Morrell,
Olsen, Vacancy
RJG:do 6/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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