California 2011-2012 Regular Session Status: Enacted

AB 1133 — Grand jurors: conflict of interest.

Last action — Chaptered by Secretary of State - Chapter 184, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that a person is competent to act as a grand juror only if he or she possesses specified qualifications. Existing law specifies the exemptions and excuses which relieve a person from liability to serve as a grand juror. The jury commissioner is required to inquire into the qualifications of prospective grand jurors and return a list of recommended grand jurors to the court. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual, except when made by the court for want of qualification, as prescribed. This bill would provide that, notwithstanding the above provisions, a grand juror who is a current employee of, or a former or retired employee last employed within the prior 3 years by, an agency within the investigative jurisdiction of the civil grand jury shall inform the foreperson and court of that fact and shall recuse himself or herself from participating in any grand jury civil investigation of that agency, including any discussion or vote concerning a civil investigation of that agency. The bill would provide that this provision shall be in addition to any local policies or rules regarding conflict of interest for grand jurors.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 184, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2187.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 1684.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Do pass as amended. (Ayes 5. Noes 0.) (June 7).

  11. Referred to Com. on JUD.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 1047.)

  14. Read second time. Ordered to consent calendar.

  15. From committee: Do pass. To consent calendar. (Ayes 9. Noes 0.) (April 12).

  16. Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  18. Referred to Com. on JUD.

  19. From printer. May be heard in committee March 22.

  20. Read first time. To print.

Sponsors

  • Silva · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Silva

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Republican 2000
Democratic 0001
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Feuer — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Fong — Yea
Carter — Yea
Hagman — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Conway — Yea
Cook — Yea
Knight — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Bonilla — Yea
Atkins — Yea
Galgiani — Yea
Gordon — Yea
Halderman — Yea
Campos — Yea
Hall — Not Voting
Jeffries — Yea
Beall — Yea
Chesbro — Yea
Donnelly — Yea
Lara — Yea
Miller — Yea
Monning — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Smyth — Yea
Valadao — Yea
Eng — Yea
Davis — Not Voting
Dickinson — Yea
Garrick — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Republican 1000
Democratic 1001
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Dutton — Yea
Lowenthal — Yea
De León — Yea
Fuller — Not Voting
Negrete McLeod — Yea
Rubio — Yea
Harman — Yea
Anderson — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Runner — Not Voting
Hancock — Not Voting
Hernandez — Not Voting
Blakeslee — Not Voting
Alquist — Yea
Huff — Yea
Kehoe — Not Voting
Simitian — Yea
Walters — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Evans — Yea
Harman — Yea
Leno — Yea
Blakeslee — Yea
Corbett — Yea

Official roll call →

Passed 68 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 630011
Democratic 3000
Republican 2000
Total 680011
% of votes cast 86%0%0%14%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Butler — Yea
Carter — Yea
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Cedillo — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Not Voting
Campos — Yea
Halderman — Not Voting
Jeffries — Not Voting
Ammiano — Not Voting
Donnelly — Not Voting
Monning — Not Voting
Morrell — Not Voting
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Not Voting
Norby — Yea
Olsen — Not Voting
Smyth — Yea
Solorio — Yea
Torres — Yea
Feuer — Yea
Furutani — Not Voting
Garrick — Yea
Yamada — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Feuer — Yea
Atkins — Yea
Gorell — Not Voting
Huber — Yea
Huffman — Yea
Monning — Yea
Wieckowski — Yea
Wagner — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1133 do?
Existing law provides that a person is competent to act as a grand juror only if he or she possesses specified qualifications. Existing law specifies the exemptions and excuses which relieve a person from liability to serve as a grand juror. The jury commissioner is required to inquire into the qualifications of prospective grand jurors and return a list of recommended grand jurors to the court. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual, except when made by the court for want of qualification, as prescribed. This bill would provide that, notwithstanding the above provisions, a grand juror who is a current employee of, or a former or retired employee last employed within the prior 3 years by, an agency within the investigative jurisdiction of the civil grand jury shall inform the foreperson and court of that fact and shall recuse himself or herself from participating in any grand jury civil investigation of that agency, including any discussion or vote concerning a civil investigation of that agency. The bill would provide that this provision shall be in addition to any local policies or rules regarding conflict of interest for grand jurors.
Who sponsors AB 1133?
AB 1133 is sponsored by Silva.
What is the current status of AB 1133?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1133?
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Last checked for changes 3 months ago · updated continuously

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