AB 78

Bill Subjects

Abstract

Under existing law, a grand jury is a body of the required number of persons chosen from the citizens of the county to serve before a court of competent jurisdiction, and sworn to inquire of public offenses that are committed or triable within the county. Existing law permits a grand jury to inquire into all public offenses committed or triable within the county and present them to the court by indictment. Existing law requires the fees for grand jurors to be $15 per each day's attendance as a grand juror. This bill would require that fee to be equal to 70% of the county median daily income for each day's attendance. By increasing the fee for grand jurors, this bill would impose a state-mandated local program. Existing law requires the superior court of each county to select grand jurors, as specified, and create a list of the persons selected to serve as grand jurors. Existing law requires the jury commissioner to file this list in the jury commissioner's office and have the list published one time in a newspaper of general circulation. Existing law requires grand juries to be impaneled from this list. Existing law authorizes the presiding judge to name up to 10 jurors not previously named, who served on the previous grand jury and who consent to serve for a 2nd year on the grand jury. This bill would require the list of grand jurors to contain the person's gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties. The bill would require a separate list to be published in a newspaper containing each person's name and the name of the judge who selected the jurors. The bill would require a list of specified prospective and impaneled jurors containing each person's gender, age, race or ethnicity, and residential ZIP Code or supervisorial district to be published on an internet website, and would require that version of the list to not contain the person's name. The bill would authorize the presiding judge to add up to 10 jurors from among the list of qualified jurors not selected in an effort to balance demographic diversity to reflect the general population of the county. The bill would require each court, on or before March 15, 2024, and on or before March 15 of each year thereafter, to provide the Judicial Council with the list and aggregate data of specified prospective and impaneled jurors containing the person's gender, age, race or ethnicity, and residential ZIP Code or supervisorial district of the respective counties, as well as the name of the judge who selected each person. The bill would require the Judicial Council to, on or before June 15, 2024, and on or before June 15 of each year thereafter, report that information to the Legislature. The bill would additionally authorize summons for prospective jurors to include information on how to become a juror on a grand jury. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.