BILL NUMBER: AB 1906	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

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 amended, 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   an  additional  civil  grand 
juries   jury  , for a term to be determined by
the presiding or supervising judge, in accordance with specified
procedures.  The bill would provide that the additional civil
grand jury may inquire into matters of oversight, conduct
investigations, issue reports, and make recommendations, but shall
not have jurisdiction to issue indictments. 
   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   an additional civil grand jury
 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  
civil grand jury that is  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  civil 
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  civil  grand jury. In no event shall
more than  two additional grand juries   one
additional civil grand jury  be impaneled pursuant to this
section at the same time.
   (d) Whenever  additional grand juries are  
an additional civil grand jury is  impaneled pursuant to this
section,  they   it  may inquire into
 any matters that are subject to grand jury inquiry and shall
have the sole and exclusive jurisdiction to return indictments
  matters of oversight, conduct investigations, 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.

   (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.