S.F. 2265 Section 1. Section 331.322, subsection 16, Code 2016, is 1 amended by striking the subsection. 2 Sec. 2. Section 331.502, subsection 34, Code 2016, is 3 amended by striking the subsection. 4 Sec. 3. Section 331.653, subsection 43, Code 2016, is 5 amended by striking the subsection. 6 Sec. 4. Section 602.1209, Code 2016, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 16A. Carry out duties relating to the 9 selection of jurors as provided in chapter 607A. 10 Sec. 5. Section 602.1303, subsection 3, Code 2016, is 11 amended by striking the subsection. 12 Sec. 6. Section 602.8102, subsection 91, Code 2016, is 13 amended by striking the subsection. 14 Sec. 7. Section 607A.3, Code 2016, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 2A. “Electronic data processing system” 17 means an electronic jury management system as designated by the 18 state court administrator. 19 NEW SUBSECTION . 3A. “Jury pool” means the sum total of 20 prospective jurors reporting for service and not drawn or 21 assigned to a courtroom, judge, or trial. 22 Sec. 8. Section 607A.3, subsections 5, 6, 10, 11, and 13, 23 Code 2016, are amended to read as follows: 24 5. “Master jury list” means the list of names taken from the 25 source lists for possible jury service. 26 6. “Motor vehicle operators list and nonoperators 27 identification list ” means the official records maintained 28 by the state of the names and addresses of those individuals 29 in the respective counties retaining valid motor vehicle 30 operator’s driver’s licenses on or before March 15 of each 31 odd-numbered year or nonoperator’s identification cards . 32 10. “Random selection identification ” means the selection 33 of names in a manner immune to any subjective bias so that no 34 recognizable class of the population from which names are being 35 -1- LSB 5232SV (1) 86 jh/rj 1/ 8

S.F. 2265 selected can be purposefully included or excluded. 1 11. “Source lists” means the voter registration list, the 2 motor vehicle operators list , the nonoperators identification 3 list, and other comprehensive lists of persons residing in a 4 county as identified pursuant to section 607A.22 . 5 13. “Voter registration list” means the official records 6 maintained by the state of names and addresses of persons 7 registered to vote on or before March 15 of each odd-numbered 8 year . 9 Sec. 9. Section 607A.3, subsection 9, Code 2016, is amended 10 by striking the subsection. 11 Sec. 10. Section 607A.20, Code 2016, is amended to read as 12 follows: 13 607A.20 Jury manager. 14 If the chief judge of the judicial district uses electronic 15 data processing techniques and equipment for the drawing of 16 jurors in lieu of a jury commission, the The chief judge of the 17 judicial district shall , after consultation with the clerk, 18 district court administrator and county auditor, appoint an 19 individual to serve as the jury manager for the each county in 20 that district . The A jury manager shall be responsible for the 21 implementation of this chapter for the jury manager’s county 22 and shall assist the state court administrator in implementing 23 this chapter . The A jury manager shall update the master list 24 from the source lists at least once every two years beginning 25 January 1 after the general election is held retain proper 26 records to document, as directed by the chief judge or state 27 court administrator, that the procedures used to randomly 28 identify prospective jurors meet the requirements of this 29 chapter . 30 Sec. 11. Section 607A.21, Code 2016, is amended by striking 31 the section and inserting in lieu thereof the following: 32 607A.21 Master jury list. 33 The electronic data processing system shall create a master 34 jury list by merging all of the names from the source lists and 35 -2- LSB 5232SV (1) 86 jh/rj 2/ 8

S.F. 2265 removing duplicative entries. The state court administrator 1 shall ensure the electronic data processing system updates the 2 master jury lists from the source list at least once every 3 year. The names entered in the master jury lists constitute 4 the grand and petit master jury lists, from which grand and 5 petit jurors shall be drawn. 6 Sec. 12. Section 607A.22, Code 2016, is amended to read as 7 follows: 8 607A.22 Use of source lists —— information provided. 9 1. The appointive jury commission or the jury manager state 10 court administrator shall use both of ensure the following 11 source lists in are merged in the electronic data processing 12 system when preparing grand and petit master jury lists: 13 a. The current voter registration list. 14 b. The current motor vehicle operators list and nonoperators 15 identification list . 16 2. The appointive jury commission or the A jury manager may 17 use any other current comprehensive list of persons residing in 18 the county , including but not limited to the lists of public 19 utility customers, which the appointive jury commission or 20 jury manager determines are useable for the purpose of a juror 21 source list. 22 3. The applicable state and local government officials 23 shall furnish, upon request, the appointive jury commission or 24 state court administrator or the jury manager with copies of 25 lists necessary for the formulation of source lists at no cost 26 to the commission, manager, or county . 27 4. The jury manager or jury commission may request 28 a consolidated source list. A consolidated source list 29 contains all the names and addresses found in either the voter 30 registration list or the motor vehicle operators list, but does 31 not duplicate an individual’s name within the consolidated 32 list. State officials shall cooperate with one another 33 to prepare consolidated lists. The jury manager or jury 34 commission may further request that only a randomly chosen 35 -3- LSB 5232SV (1) 86 jh/rj 3/ 8

S.F. 2265 portion of the consolidated list be prepared which may consist 1 of either a certain number of names or a certain percentage of 2 all the names in the consolidated list, as specified by the 3 jury manager or jury commission . 4 Sec. 13. Section 607A.25, Code 2016, is amended by striking 5 the section and inserting in lieu thereof the following: 6 607A.25 Storing and security of master jury lists. 7 The master jury lists shall be stored in the electronic data 8 processing system, and shall be accessible to only the state 9 court administrator or state court administrator’s designee, or 10 the jury manager or jury manager’s designee. 11 Sec. 14. Section 607A.26, Code 2016, is amended to read as 12 follows: 13 607A.26 Preservation of records. 14 The clerk or jury manager shall preserve all records and 15 lists compiled and maintained in connection with the selection 16 identification and service of jurors for four years, or for any 17 longer period ordered by the state court administrator or chief 18 judge of the judicial district. 19 Sec. 15. Section 607A.30, Code 2016, is amended to read as 20 follows: 21 607A.30 Time of drawing Drawing of jury pools . 22 In counties using an ex officio jury commission, the 23 required number of jurors shall be drawn by the commission, or 24 a majority of its members, at the office of the clerk at a time 25 agreed to by the commissioners. 26 1. In counties using a jury manager, the At times necessary 27 for drawing grand and petit jurors, the jury manager shall 28 arrange for the selection of the required electronic data 29 processing system to draw the necessary number of grand and 30 petit jurors at a time and place chosen by the manager from the 31 master jury list . 32 2. The chief judge of the judicial district may by order 33 prescribe the time for the drawing by the ex officio commission 34 or the jury manager. 35 -4- LSB 5232SV (1) 86 jh/rj 4/ 8

S.F. 2265 3. The jurors thus selected identified constitute the jury 1 pool and shall be notified by the clerk or jury manager by 2 regular mail when called. 3 Sec. 16. Section 607A.33, Code 2016, is amended by striking 4 the section and inserting in lieu thereof the following: 5 607A.33 Electronic data processing —— identifying jurors. 6 The designated electronic data processing system shall be 7 used for the random drawing of the number of jurors needed. 8 Sec. 17. Section 607A.35, Code 2016, is amended to read as 9 follows: 10 607A.35 Filing list —— notice Notice to report. 11 After the list or lists have been drawn in the manner 12 provided in section 607A.33 , the list or lists shall be filed 13 in the office of the clerk or jury manager and immediately upon 14 the request of the court , the clerk or manager shall issue a 15 notice to report, by regular mail, to the persons so drawn to 16 appear at the courthouse at times as the court prescribes, for 17 service as petit or grand jurors. 18 Sec. 18. Section 607A.37, Code 2016, is amended to read as 19 follows: 20 607A.37 Cancellation for illegality. 21 If the court determines that the petit or grand jurors 22 have been illegally selected, drawn, or notified to report, 23 the court may set aside the order under which the jurors 24 were notified and direct that a new drawing, selection and 25 notification of a sufficient number of replacement jurors take 26 place. In that case, the ex officio jury commission shall meet 27 at the office of the clerk, at the time the court directs, and 28 proceed in the manner provided for the drawing of the original 29 panel, to draw the required number of replacement jurors. 30 Sec. 19. Section 607A.39, Code 2016, is amended to read as 31 follows: 32 607A.39 Additional jurors. 33 The court may order as many additional jurors drawn for a 34 jury pool or panel as the court deems necessary. 35 -5- LSB 5232SV (1) 86 jh/rj 5/ 8

S.F. 2265 Sec. 20. Section 607A.41, Code 2016, is amended to read as 1 follows: 2 607A.41 Method of subsequent drawing. 3 The names of the jurors drawn under sections 607A.39 and 4 607A.40 shall be drawn by the ex officio commission or the jury 5 manager in the manner provided for the drawing of an original 6 pool or panel electronic data processing system that was used 7 to draw the original jury pool or panel . 8 Sec. 21. Section 607A.43, Code 2016, is amended to read as 9 follows: 10 607A.43 Correcting illegality in original lists. 11 If the court for any reason determines that there has been 12 such substantial failure to comply with the law relative to 13 selection jury identification , preparation, or return of grand 14 or petit lists that lawful grand or petit jurors cannot be 15 drawn, or that the lists are exhausted or insufficient for the 16 needs of the court, the court shall order the ex officio jury 17 commission or the jury manager or state court administrator 18 to convene at a fixed time and place use electronic data 19 processing techniques to prepare lists in lieu of the lists 20 which have been found to be illegal, or an additional list or 21 lists as the court deems necessary. 22 Sec. 22. REPEAL. Sections 607A.9, 607A.10, 607A.11, 23 607A.12, 607A.13, 607A.14, 607A.15, 607A.16, 607A.17, 607A.18, 24 607A.19, 607A.24, 607A.27, 607A.28, 607A.31, 607A.32, 607A.34, 25 607A.42, and 607A.44, Code 2016, are repealed. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the juror selection process, eliminates 30 the use of jury commissions to draw juror lists, and requires 31 the master jury list to be updated using an electronic data 32 processing system annually. 33 Under current law, counties may use jury commissions or a 34 jury manager to draw up a master jury list of eligible jurors, 35 -6- LSB 5232SV (1) 86 jh/rj 6/ 8

S.F. 2265 return a list of grand jurors and petit jurors to the clerk of 1 district court, and select the number of required jurors from 2 the grand juror or petit juror list. 3 For counties that use jury commissions, an appointive jury 4 commission is appointed for the county by the chief judge of 5 the judicial district in which the county is located and is 6 responsible for drawing up the master jury list of potential 7 jurors, as well as a list of potential grand jurors and petit 8 jurors. An ex officio jury commission, comprised of the clerk 9 of the district court and the county auditor, then randomly 10 selects the names from the grand juror list and petit juror 11 list to draw the required number of jurors for a pool or panel. 12 Counties, however, are not required to appoint jury 13 commissions, and may instead use jury managers. The jury 14 manager for the county is appointed by the chief judge of the 15 judicial district, after consultation with the clerk of court, 16 district court administrator, and county auditor. The jury 17 manager draws up the master jury list, draws up the lists of 18 grand jurors and petit jurors, and randomly selects the names 19 from the grand juror list and petit juror list to draw the 20 required number of jurors for a pool or panel. 21 The bill eliminates jury commissions. As a result, counties 22 will be required to use jury managers to draw master jury lists 23 and select jurors. The bill also requires that an electronic 24 data processing system be used to create a master jury list and 25 for the random drawing of jurors. 26 Under current law, the master jury list must be updated once 27 every two years. The master jury list is the list of names 28 taken from all source lists, including the voter registration 29 list and the motor vehicle operators list, for possible jury 30 service. The bill requires that the master jury list be 31 updated every year, and that the master jury list include the 32 nonoperators identification list. 33 The bill provides that jury managers and the state court 34 administrator are responsible for implementing the provisions 35 -7- LSB 5232SV (1) 86 jh/rj 7/ 8