Senate Amendment to House Amendment to Senate File 2061 H-8167 Amend the House amendment, S-5093,to Senate File 1 2061, as passed by the Senate, as follows: 2 1. Page 1, before line 3 by inserting: 3 < ___. Page 1, after line 18 by inserting: 4 < Sec. ___. Section 331.322, subsection 16, Code 5 2016, is amended by striking the subsection. 6 Sec. ___. Section 331.502, subsection 34, Code 7 2016, is amended by striking the subsection. 8 Sec. ___. Section 331.653, subsection 43, Code 9 2016, is amended by striking the subsection. 10 Sec. ___. Section 602.1209, Code 2016, is amended 11 by adding the following new subsection: 12 NEW SUBSECTION . 16A. Carry out duties relating to 13 the selection of jurors as provided in chapter 607A. 14 Sec. ___. Section 602.1303, subsection 3, Code 15 2016, is amended by striking the subsection. 16 Sec. ___. Section 602.8102, subsection 91, Code 17 2016, is amended by striking the subsection. 18 Sec. ___. Section 607A.3, Code 2016, is amended by 19 adding the following new subsections: 20 NEW SUBSECTION . 2A. “Electronic data processing 21 system” means an electronic jury management system as 22 designated by the state court administrator. 23 NEW SUBSECTION . 3A. “Jury pool” means the sum 24 total of prospective jurors reporting for service and 25 not drawn or assigned to a courtroom, judge, or trial. 26 Sec. ___. Section 607A.3, subsections 5, 6, 10, 11, 27 and 13, Code 2016, are amended to read as follows: 28 5. “Master jury list” means the list of names taken 29 from the source lists for possible jury service. 30 6. “Motor vehicle operators list and nonoperators 31 identification list ” means the official records 32 maintained by the state of the names and addresses of 33 those individuals in the respective counties retaining 34 valid motor vehicle operator’s driver’s licenses 35 -1- S5093.3330.S (1) 86 jh 1/ 7 #1.
on or before March 15 of each odd-numbered year or 1 nonoperator’s identification cards . 2 10. “Random selection identification ” means the 3 selection of names in a manner immune to any subjective 4 bias so that no recognizable class of the population 5 from which names are being selected can be purposefully 6 included or excluded. 7 11. “Source lists” means the voter registration 8 list, the motor vehicle operators list , the 9 nonoperators identification list, and other 10 comprehensive lists of persons residing in a county as 11 identified pursuant to section 607A.22 . 12 13. “Voter registration list” means the official 13 records maintained by the state of names and addresses 14 of persons registered to vote on or before March 15 of 15 each odd-numbered year . 16 Sec. ___. Section 607A.3, subsection 9, Code 2016, 17 is amended by striking the subsection. 18 Sec. ___. Section 607A.20, Code 2016, is amended to 19 read as follows: 20 607A.20 Jury manager. 21 If the chief judge of the judicial district uses 22 electronic data processing techniques and equipment for 23 the drawing of jurors in lieu of a jury commission, 24 the The chief judge of the judicial district shall , 25 after consultation with the clerk, district court 26 administrator and county auditor, appoint an individual 27 to serve as the jury manager for the each county in 28 that district . The A jury manager shall be responsible 29 for the implementation of this chapter for the jury 30 manager’s county and shall assist the state court 31 administrator in implementing this chapter . The A 32 jury manager shall update the master list from the 33 source lists at least once every two years beginning 34 January 1 after the general election is held retain 35 -2- S5093.3330.S (1) 86 jh 2/ 7
proper records to document, as directed by the chief 1 judge or state court administrator, that the procedures 2 used to randomly identify prospective jurors meet the 3 requirements of this chapter . 4 Sec. ___. Section 607A.21, Code 2016, is amended by 5 striking the section and inserting in lieu thereof the 6 following: 7 607A.21 Master jury list. 8 The electronic data processing system shall create a 9 master jury list by merging all of the names from the 10 source lists and removing duplicative entries. The 11 state court administrator shall ensure the electronic 12 data processing system updates the master jury lists 13 from the source list at least once every year. The 14 names entered in the master jury lists constitute the 15 grand and petit master jury lists, from which grand and 16 petit jurors shall be drawn. 17 Sec. ___. Section 607A.22, Code 2016, is amended to 18 read as follows: 19 607A.22 Use of source lists —— information provided. 20 1. The appointive jury commission or the jury 21 manager state court administrator shall use both of 22 ensure the following source lists in are merged in the 23 electronic data processing system when preparing grand 24 and petit master jury lists: 25 a. The current voter registration list. 26 b. The current motor vehicle operators list and 27 nonoperators identification list . 28 2. The appointive jury commission or the A jury 29 manager may use any other current comprehensive list 30 of persons residing in the county , including but not 31 limited to the lists of public utility customers, 32 which the appointive jury commission or jury manager 33 determines are useable for the purpose of a juror 34 source list. 35 -3- S5093.3330.S (1) 86 jh 3/ 7
3. The applicable state and local government 1 officials shall furnish, upon request, the appointive 2 jury commission or state court administrator or 3 the jury manager with copies of lists necessary for 4 the formulation of source lists at no cost to the 5 commission, manager, or county . 6 4. The jury manager or jury commission may 7 request a consolidated source list. A consolidated 8 source list contains all the names and addresses 9 found in either the voter registration list or the 10 motor vehicle operators list, but does not duplicate 11 an individual’s name within the consolidated list. 12 State officials shall cooperate with one another to 13 prepare consolidated lists. The jury manager or jury 14 commission may further request that only a randomly 15 chosen portion of the consolidated list be prepared 16 which may consist of either a certain number of 17 names or a certain percentage of all the names in the 18 consolidated list, as specified by the jury manager or 19 jury commission . 20 Sec. ___. Section 607A.25, Code 2016, is amended by 21 striking the section and inserting in lieu thereof the 22 following: 23 607A.25 Storing and security of master jury lists. 24 The master jury lists shall be stored in the 25 electronic data processing system, and shall be 26 accessible to only the state court administrator or 27 state court administrator’s designee, or the jury 28 manager or jury manager’s designee. 29 Sec. ___. Section 607A.26, Code 2016, is amended to 30 read as follows: 31 607A.26 Preservation of records. 32 The clerk or jury manager shall preserve all records 33 and lists compiled and maintained in connection with 34 the selection identification and service of jurors 35 -4- S5093.3330.S (1) 86 jh 4/ 7
for four years, or for any longer period ordered by 1 the state court administrator or chief judge of the 2 judicial district. 3 Sec. ___. Section 607A.30, Code 2016, is amended to 4 read as follows: 5 607A.30 Time of drawing Drawing of jury pools . 6 In counties using an ex officio jury commission, 7 the required number of jurors shall be drawn by the 8 commission, or a majority of its members, at the office 9 of the clerk at a time agreed to by the commissioners. 10 1. In counties using a jury manager, the At times 11 necessary for drawing grand and petit jurors, the jury 12 manager shall arrange for the selection of the required 13 electronic data processing system to draw the necessary 14 number of grand and petit jurors at a time and place 15 chosen by the manager from the master jury list . 16 2. The chief judge of the judicial district may 17 by order prescribe the time for the drawing by the ex 18 officio commission or the jury manager. 19 3. The jurors thus selected identified constitute 20 the jury pool and shall be notified by the clerk or 21 jury manager by regular mail when called. 22 Sec. ___. Section 607A.33, Code 2016, is amended by 23 striking the section and inserting in lieu thereof the 24 following: 25 607A.33 Electronic data processing —— identifying 26 jurors. 27 The designated electronic data processing system 28 shall be used for the random drawing of the number of 29 jurors needed. 30 Sec. ___. Section 607A.35, Code 2016, is amended to 31 read as follows: 32 607A.35 Filing list —— notice Notice to report. 33 After the list or lists have been drawn in the 34 manner provided in section 607A.33 , the list or lists 35 -5- S5093.3330.S (1) 86 jh 5/ 7
shall be filed in the office of the clerk or jury 1 manager and immediately upon the request of the court , 2 the clerk or manager shall issue a notice to report, 3 by regular mail, to the persons so drawn to appear at 4 the courthouse at times as the court prescribes, for 5 service as petit or grand jurors. 6 Sec. ___. Section 607A.37, Code 2016, is amended to 7 read as follows: 8 607A.37 Cancellation for illegality. 9 If the court determines that the petit or grand 10 jurors have been illegally selected, drawn, or notified 11 to report, the court may set aside the order under 12 which the jurors were notified and direct that a new 13 drawing, selection and notification of a sufficient 14 number of replacement jurors take place. In that 15 case, the ex officio jury commission shall meet at the 16 office of the clerk, at the time the court directs, 17 and proceed in the manner provided for the drawing of 18 the original panel, to draw the required number of 19 replacement jurors. 20 Sec. ___. Section 607A.39, Code 2016, is amended to 21 read as follows: 22 607A.39 Additional jurors. 23 The court may order as many additional jurors drawn 24 for a jury pool or panel as the court deems necessary. 25 Sec. ___. Section 607A.41, Code 2016, is amended to 26 read as follows: 27 607A.41 Method of subsequent drawing. 28 The names of the jurors drawn under sections 607A.39 29 and 607A.40 shall be drawn by the ex officio commission 30 or the jury manager in the manner provided for the 31 drawing of an original pool or panel electronic data 32 processing system that was used to draw the original 33 jury pool or panel . 34 Sec. ___. Section 607A.43, Code 2016, is amended to 35 -6- S5093.3330.S (1) 86 jh 6/ 7
read as follows: 1 607A.43 Correcting illegality in original lists. 2 If the court for any reason determines that there 3 has been such substantial failure to comply with 4 the law relative to selection jury identification , 5 preparation, or return of grand or petit lists that 6 lawful grand or petit jurors cannot be drawn, or that 7 the lists are exhausted or insufficient for the needs 8 of the court, the court shall order the ex officio 9 jury commission or the jury manager or state court 10 administrator to convene at a fixed time and place 11 use electronic data processing techniques to prepare 12 lists in lieu of the lists which have been found to be 13 illegal, or an additional list or lists as the court 14 deems necessary. >> 15 2. Page 1, after line 19 by inserting: 16 < Sec. ___. REPEAL. Sections 607A.9, 607A.10, 17 607A.11, 607A.12, 607A.13, 607A.14, 607A.15, 607A.16, 18 607A.17, 607A.18, 607A.19, 607A.24, 607A.27, 607A.28, 19 607A.31, 607A.32, 607A.34, 607A.42, and 607A.44, Code 20 2016, are repealed. 21 ___. Title page, line 2, after < proceedings > by 22 inserting < , the updating of the master list for juror 23 service, and the elimination of jury commissions >> 24 3. By renumbering as necessary. 25 -7- S5093.3330.S (1) 86 jh 7/ 7 #2.