H-4799

AN ACT Relating to jury source lists; amending RCW 2.36.010 and 2.36.055; adding new sections to chapter 2.36 RCW; creating new sections; and providing effective dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The superior court judges' association, the district and municipal court judges' association, the secretary of state, the department of information services, the association of county clerks, the department of licensing, the association of county auditors, the office of the administrator for the courts, the association of superior court administrators, the Washington state association for court administration, and the Washington state bar association are requested to appoint representatives to a task force, that is hereby created, to develop and recommend methodology and standards for merging the list of registered voters in Washington state with the list of licensed drivers and identicard holders in Washington state for purposes of creating and evaluating the implementation of an expanded jury source list. The task force may appoint an advisory committee consisting of state and county data processing specialists and other specialists as may be appropriate to advise on technical and other issues in developing the methodology and standards.

The task force shall report is recommendations on methodology and standards to the supreme court and the legislature by November 2, 1992, and shall make its final report evaluating the implementation of the expanded jury source list to the supreme court and legislature by January 15, 1996.

NEW SECTION. Sec. 2. The supreme court is requested to adopt rules incorporating as appropriate the methodology and standards developed and recommended by the task force in section 1 of this act by February 1, 1993. In lieu of such a court rule the legislature may review the recommendations of the task force and adopt legislation it deems appropriate to incorporate recommendations of the task force into statute. An expanded jury source list shall be available to the courts for use by July 1, 1994.

The secretary of state, the department of licensing, and the department of information services shall adopt administrative rules necessary to provide for the implementation of the methodology and standards developed under this section and section 1 of this act.

NEW SECTION. Sec. 3. The superior court of each county shall annually notify the department of information services of the intent to use either a jury source list that is merged by the county or furnished by the department of information services. The department of information services shall merge licensed drivers and identicard holder lists as supplied annually by the department of licensing and voter lists as supplied annually by the secretary of state. The department of information services shall annually furnish at no charge to the superior court of each county either a merged list or a list of driver license and identicard holders to each superior court in accordance with its annual notification. The list provided by the department of information services shall be in an electronic format specified by the superior court requesting it.

Sec. 4. RCW 2.36.010 and 1988 c 188 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

(1) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power‑-

(a) To present or indict a person for a public offense.

(b) To try a question of fact.

(2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington.

(3) "Judge" means every judicial officer authorized to hold or preside over a court. For purposes of this chapter "judge" does not include court commissioners or referees.

(4) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter.

(5) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.

(6) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact.

(7) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts.

(8) "Jury source list" means the list of all registered voters for any county, ((~~as compiled by each county auditor pursuant to the provisions of chapter 29.07 RCW~~)) merged with a list of licensed drivers and identicard holders who reside in the county. The list shall specify each ((~~voter's~~)) person's name((,)) and residence address((,)) and ((~~precinct as shown on the original registration card of each qualified voter. The list shall be filed with the superior court by the county auditor~~)) conform to the methodology and standards set under section 2 of this act.

(9) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected. The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list.

(10) "Jury term" means the period of time a person is required to serve as a juror. A jury term shall begin on the first Monday of each month and shall end on the Saturday immediately preceding the first Monday of each month, unless changed by the court. A jury term may be extended by the court if necessary for the administration of justice.

(11) "Jury panel" means those persons randomly selected for jury service for a particular jury term.

Sec. 5. RCW 2.36.055 and 1988 c 188 s 4 are each amended to read as follows:

The ((~~county auditor shall prepare and file with the~~)) superior court at least annually((, at a time or times set forth in an order of the judges of the superior court from the original registration files of voters of the county a list of all registered voters. The list may be divided into the respective voting precincts)) shall cause a jury source list to be compiled from a list of all registered voters and a list of licensed drivers and identicard holders residing in the county.

The superior court upon receipt of the jury source list ((~~of registered voters filed by the county auditor shall use that list as the jury source list and~~)) shall compile a master jury list ((~~from the source list~~)). The master jury list shall be certified by the superior court and filed with the county clerk. All previous jury source lists and master jury lists shall be superseded.

Upon receipt of amendments to the list of registered voters ((~~from the county auditor~~)) and licensed drivers and identicard holders residing in the county the superior court may update the jury source list and master jury list as maintained by the county clerk accordingly.

NEW SECTION. Sec. 6. The secretary of state shall reimburse the counties only for the costs resulting directly from standardizing and entering into electronic format such information as is necessary to implement this act.

NEW SECTION. Sec. 7. If specific funding for section 6 of this act, referencing section 6 of this act by bill and section number, is not provided by June 30, 1992, in the supplemental biennial operating appropriations act, then section 6 of this act shall be null and void.

NEW SECTION. Sec. 8. Sections 1 through 3 of this act are each added to chapter 2.36 RCW.

NEW SECTION. Sec. 9. (1) Section 3 of this act shall take effect December 15, 1993.

(2) Sections 4 and 5 of this act shall take effect July 1, 1994.