House File 820 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to selecting minority persons for jury service by
2 the jury commissioner or jury manager.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2574HH 82
5 jm/gg/14
PAG LIN
1 1 Section 1. Section 607A.3, subsection 5, Code 2007, is
1 2 amended to read as follows:
1 3 5. "Master list" means the list of names taken from the
1 4 source lists for possible jury service except the minority
1 5 source list.
1 6 Sec. 2. Section 607A.3, Code 2007, is amended by adding
1 7 the following new subsections:
1 8 NEW SUBSECTION. 5A. "Minority master list" means the list
1 9 of names taken from the minority source lists.
1 10 NEW SUBSECTION. 5B. "Minority source list" means the same
1 11 as "source list" except it is a separate source list of
1 12 minority persons in counties with a minority population
1 13 exceeding five percent.
1 14 Sec. 3. Section 607A.10, Code 2007, is amended to read as
1 15 follows:
1 16 607A.10 APPOINTIVE COMMISSION == MASTER LIST.
1 17 In each county, the chief judge of the judicial district in
1 18 which the county is located shall, on or before March 1 of
1 19 each odd=numbered year, appoint three competent electors as a
1 20 jury commission to draw up the master list and minority master
1 21 list for the two years beginning the following July 1. The
1 22 names for the master list shall be taken from the source lists
1 23 and the names for the minority master list shall be taken from
1 24 the minority source lists. If all of the source lists or
1 25 minority source lists are not used to draw up the master list
1 26 or minority master list, then the names drawn must be selected
1 27 in a random manner.
1 28 Sec. 4. Section 607A.20, Code 2007, is amended to read as
1 29 follows:
1 30 607A.20 JURY MANAGER.
1 31 If the chief judge of the judicial district uses electronic
1 32 data processing techniques and equipment for the drawing of
1 33 jurors in lieu of a jury commission, the chief judge shall,
1 34 after consultation with the clerk, district court
1 35 administrator and county auditor, appoint an individual to
2 1 serve as the jury manager for the county. The jury manager
2 2 shall be responsible for the implementation of this chapter
2 3 for the county. The jury manager shall update the master list
2 4 from the source lists and minority master list from the
2 5 minority source lists at least once every two years beginning
2 6 January 1 after the general election is held.
2 7 Sec. 5. Section 607A.21, Code 2007, is amended to read as
2 8 follows:
2 9 607A.21 JURY LISTS.
2 10 1. The appointive jury commission or jury manager shall
2 11 select and return to the clerk of the district court the
2 12 following:
2 13 1. a. The list of grand jurors: A list of names and
2 14 addresses of one hundred and fifty persons selected from the
2 15 source lists from which to draw grand jurors.
2 16 2. b. The list of petit jurors: A list of names and
2 17 addresses of persons selected from the source lists equal to
2 18 the number of names necessary to provide jurors needed by the
2 19 court, with the number to be determined by the jury commission
2 20 or jury manager.
2 21 2. In a county with a minority population exceeding five
2 22 percent, the appointive jury commission or jury manager shall
2 23 decrease the number of persons selected under subsection 1 by
2 24 the percentage of minorities in the county multiplied by the
2 25 number of grand or petit jurors needed by the court. The jury
2 26 commission or jury manager shall then select a minority from
2 27 the minority source list and add the name and address to the
2 28 list required under subsection 1 until the required number of
2 29 persons needed by the court under subsection 1 is reached.
2 30 Sec. 6. Section 607A.22, Code 2007, is amended to read as
2 31 follows:
2 32 607A.22 USE OF SOURCE LISTS == INFORMATION PROVIDED.
2 33 1. The appointive jury commission or the jury manager
2 34 shall use both of the following source lists in preparing
2 35 grand and petit jury lists:
3 1 1. a. The current voter registration list.
3 2 2. b. The current motor vehicle operators list.
3 3 2. The appointive jury commission or the jury manager may
3 4 use any other current comprehensive list of persons residing
3 5 in the county, including but not limited to the lists of
3 6 public utility customers, which the appointive jury commission
3 7 or jury manager determines are useable for the purpose of a
3 8 juror source list.
3 9 3. The applicable state and local government officials
3 10 shall furnish, upon request, the appointive jury commission or
3 11 jury manager with copies of lists necessary for the
3 12 formulation of source lists and minority source lists at no
3 13 cost to the commission, manager, or county.
3 14 4. The jury manager or jury commission may request a
3 15 consolidated source list or consolidated minority source list.
3 16 A consolidated source list contains all the names and
3 17 addresses found in either the voter registration list or the
3 18 motor vehicle operators list, but does not duplicate an
3 19 individual's name within the consolidated list. A
3 20 consolidated minority source list contains all the names and
3 21 addresses of minorities found in either the voter registration
3 22 list or the motor vehicle operators list, but does not
3 23 duplicate an individual's name within the consolidated list.
3 24 State officials shall cooperate with one another to prepare
3 25 consolidated lists. The jury manager or jury commission may
3 26 further request that only a randomly chosen portion of the
3 27 consolidated source list or consolidated minority source list
3 28 be prepared which may consist of either a certain number of
3 29 names or a certain percentage of all the names in the
3 30 consolidated list, as specified by the jury manager or jury
3 31 commission.
3 32 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3 33 3, shall not apply to this Act.
3 34 EXPLANATION
3 35 This bill relates to selecting minority persons for jury
4 1 service by a jury commission or jury manager.
4 2 The bill provides that a jury commission or jury manager
4 3 shall keep a separate minority source list in a county where
4 4 the minority population exceeds 5 percent. Current law does
4 5 not distinguish source lists for potential jury service by
4 6 minority status.
4 7 Under current law, "source lists" means the voter
4 8 registration list, the motor vehicle operators list, and other
4 9 comprehensive lists of persons residing in a county.
4 10 The bill provides that the jury commission or jury manager,
4 11 prior to forwarding on the list of potential jurors to the
4 12 clerk of the district court for notification, shall select a
4 13 number of potential jurors from a minority source list equal
4 14 to the percentage of minorities in the county. Current law
4 15 does not require the jury commission or jury manager to select
4 16 from a minority source list prior to forwarding the list of
4 17 potential jurors to the clerk of the district court for
4 18 notification of jury service.
4 19 The bill may include a state mandate as defined in Code
4 20 section 25B.3. The bill makes inapplicable Code section
4 21 25B.2, subsection 3, which would relieve a political
4 22 subdivision from complying with a state mandate if funding for
4 23 the cost of the state mandate is not provided or specified.
4 24 Therefore, political subdivisions are required to comply with
4 25 any state mandate included in the bill.
4 26 LSB 2574HH 82
4 27 jm:rj/gg/14