HOUSE BILL NO. 5026

September 25, 2019, Introduced by Reps. Yancey, LaGrand, Hood, Cambensy, Stone, Greig, Gay-Dagnogo, Tyrone Carter, Cynthia Johnson, Garrett, Hertel, Peterson, Hope, Bolden, Lasinski, Sneller, Rabhi and Jones and referred to the Committee on Judiciary.

"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 must 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 must 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 must 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 must be compiled into a list to be known as the second jury list. The list shall must 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.____ (request no. 01060'19 a) of the 100th Legislature is enacted into law.