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 |
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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
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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
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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