September 17, 2014, Introduced by Reps. Banks, Barnett, Talabi, Durhal, Zemke, Stallworth, Tlaib, Faris, Darany, Schor, Lamonte, Knezek, Townsend, Kosowski, Oakes and Nathan and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1304, 1312, and 1321 (MCL 600.1304, 600.1312,
and 600.1321), sections 1304 and 1321 as amended by 2004 PA 12 and
section 1312 as amended by 2005 PA 6, and by adding sections 1301c,
1310a, and 1310b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301c. (1) The county board of commissioners shall
oversee the operations of the jury board in each county.
(2) The jury board in each county shall not enter into any
contract for equipment or services without the prior approval of
the county board of commissioners.
(3) The jury board in each county shall report annually to the
county board of commissioners on the geographical diversity of
juries selected in that county during the preceding 12 months.
Sec. 1304. The jury board shall select the names of persons as
provided in this chapter to serve as jurors from a list that
combines
the driver's license list, and the personal identification
cardholder
list, the names of persons as provided in this chapter
to
serve as jurors current voter
registration lists or books, and a
list of individuals who filed a state income tax return.
Sec. 1310a. (1) Between April 15 and May 1 of each year, the
township or city clerk shall deliver to the county clerk a full,
current, and accurate copy of the voter registration cards
containing the names and addresses of the registered voters, or a
full, current, and accurate list of those registered together with
the current addresses shown on the card.
(2) The board shall secure from the county clerk, and the
county clerk shall provide, copies of the current voter
registration cards or the current voter registration lists for each
precinct in the county. The board shall treat the cards and lists
as 1 list, with voters grouped either by precinct or by city,
township, or village, as they may be provided.
(3) If electronic or mechanical devices are used by the
township, city, or village clerks to carry out their duties, the
board, instead of receiving a list from the county clerk of current
registered voters, may order the clerks to provide only the names
and addresses selected by applying the key number and starting
number designated by the board.
Sec. 1310b. (1) Between April 15 and May 1 of each year, the
state treasurer shall transmit annually to the clerk of each county
at no expense a full, current, and accurate copy of a list of the
names and addresses of all individuals residing in that county who
filed a state income tax return for the preceding calendar year. At
the request of the board before March 1, the state treasurer shall
transmit only a first jury list consisting of the names and
addresses of those persons selected at random, based on the total
number of jurors required as submitted to the state treasurer by
the board, using electronic or other mechanical devices.
(2) If a county uses electronic or mechanical devices to carry
out its duties, the county may request and receive a copy of the
list described in subsection (1) on any electronically produced
medium under specifications prescribed by the state treasurer. The
state treasurer shall establish specifications standardizing the
size, format, and content of media utilized to transmit information
used for jury selection.
Sec. 1312. The board shall apply the key number uniformly to
the
names on the list received pursuant to section under sections
1310, 1310a, and 1310b and compile a list or card index, to be
known as the first jury list, which shall include every name and
only those names as the application of the key number has
designated. The board shall do this as follows:
(a) Select by a random method a starting number between 0 and
the key number.
(b) Count down the list the number of names to reach the
starting number. That name shall be placed on the first jury list.
(c) Continue from that name counting down the list, beginning
to count again with the number 1, until the key number is reached.
That name shall be placed on the first jury list.
(d) Repeat the process provided in subdivision (c) until the
whole list has been counted and the names placed on the first jury
list.
(e) The board shall then remove from the first jury list the
name
of any person who its records show served, pursuant to under
the provisions of this chapter, as a petit or grand juror in any
court of record in the county at any time in the preceding 1 year.
(f) The board, with the approval of the chief circuit judge,
may remove from the first jury list the name of any person who has
been convicted of a felony and is therefore disqualified from
serving
as a juror pursuant to under
section 1307a(1)(e).
(g) The board shall reorder the first jury list to the extent
necessary to ensure that names of persons residing in each postal
zip code within the county will be represented in jury pools
selected in that county in proportion to that postal zip code's
percentage of the county's total population, as reflected in the
most recent federal decennial census.
Sec. 1321. (1) The names of those persons on the first jury
list whom the board accepts as persons qualified for and not exempt
from jury service shall be compiled into a list to be known as the
second jury list. The list shall remain sealed until otherwise
ordered by the chief circuit judge.
(2) The board shall make an additional list consisting of the
names on the second jury list segregated by the geographical area
of the jurisdiction of each district court district. If there are
not sufficient names on the segregated list for any district court
district, the board shall apply again the key number to that
district only and obtain as many additional jurors as needed for
that district.
(3) After completing the operation required under subsection
(2), the board shall make an additional list consisting of the
names on the list compiled under subsection (2), segregated by
geographical areas within the county. If there is not sufficient
geographical diversity within the segregated list, the board again
shall apply the key number to any underrepresented geographical
area and obtain as many additional jurors needed to ensure
geographical diversity. As used in this subsection, "geographical
diversity" means the proportional representation of the population
of each postal zip code within the county as a percentage of the
total population of the county, as reflected in the most recent
federal decennial census.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5819 (request no.
05640'14 a) of the 97th Legislature is enacted into law.