BILL NUMBER: AB 1906	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook
   (Coauthor: Assembly Member Hagman)

                        FEBRUARY 16, 2010

   An act to add Section 904.7 to the Penal Code, relating to grand
juries.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1906, as introduced, Cook. Additional grand juries: County of
San Bernardino.
   Existing law authorizes the presiding judge in any county or city
and county, or the judge appointed by the presiding judge to
supervise the grand jury, to impanel an additional grand jury to
serve for a period of one year upon the request of the Attorney
General or the district attorney or upon his or her own motion.
Existing law authorizes the Presiding Judge of the Superior Court of
the County of Los Angeles, or the judge appointed by the presiding
judge to supervise the grand jury, to impanel up to 2 additional
grand juries, who may serve for a period of one year from the date of
impanelment.
   This bill would authorize 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 up to 2
additional grand juries, for a term to be determined by the presiding
or supervising judge, in accordance with specified procedures.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 904.7 is added to the Penal Code, to read:
   904.7.  (a) Notwithstanding subdivision (a) of Section 904.6 or
any other provision, in the County of San Bernardino, 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 up to two additional
grand juries pursuant to this section.
   (b) The presiding judge or the judge appointed by the presiding
judge to supervise the 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 grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute an additional grand jury.
   (c) Any additional grand juries that are impaneled pursuant to
this section may serve for a term as determined by the presiding
judge or the judge appointed by the presiding judge to supervise the
grand jury, but may be discharged at any time within the set term by
order of the presiding judge or the judge appointed by the presiding
judge to supervise the grand jury. In no event shall more than two
additional grand juries be impaneled pursuant to this section at the
same time.
   (d) Whenever additional grand juries are impaneled pursuant to
this section, they may 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.
   (e) It is the intent of the Legislature that, in the County of San
Bernardino, all persons qualified for jury service shall have an
equal opportunity to be considered for service as criminal grand
jurors within the county, and that they have an obligation to serve,
when summoned for that purpose. All persons selected for an
additional criminal grand jury shall be selected at random from a
source or sources reasonably representative of a cross section of the
population that is eligible for jury service in the county.