California Assembly Bill AB1906 Amended / Bill

 BILL NUMBER: AB 1906AMENDED 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.