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CALIFORNIA
PENAL CODE
SECTIONS 888-945
888. A grand jury is
a body of the required number of persons returned from the citizens of
the county before a court of competent jurisdiction, and sworn to inquire
of public offenses committed or triable within the county. Each grand
jury or, if more than one has been duly impaneled pursuant to Sections
904.5 to 904.9, inclusive, one grand jury in each county, shall be charged
and sworn to investigate or inquire into county matters of civil concern,
such as the needs of county officers, including the abolition or creation
of offices for, the purchase, lease, or sale of equipment for, or changes
in the method or system of, performing the duties of the agencies subject
to investigation pursuant to Section 914.1.
888.2. As used in this title
as applied to a grand jury, "required number" means:
(a) Twenty-three in a county
having a population exceeding 4,000,000.
(b) Eleven in a county having a population of 20,000
or less, upon the approval of the board of supervisors.
(c) Nineteen in all other counties.
889. An indictment is an accusation
in writing, presented by the grand jury to a competent court, charging
a person with a public offense.
890. Unless a higher fee or
rate of mileage is otherwise provided by statute or county or city and
county ordinance, the fees for grand jurors are fifteen dollars ($15) a
day for each day's attendance as a grand juror, and the mileage reimbursement
applicable to county employees for each mile actually traveled in attending
court as a grand juror.
890.1. The per diem and mileage
of grand jurors where allowed by law shall be paid by the treasurer of
the county out of the general fund of the county upon warrants drawn by
the county auditor upon the written order of the judge of the superior
court of the county.
891. Every person who, by any
means whatsoever, willfully and knowingly, and without knowledge and consent
of the grand jury, records, or attempts to record, all or part of the proceedings
of any grand jury while it is deliberating or voting, or listens to or
observes, or attempts to listen to or observe, the proceedings of any grand
jury of which he is not a member while such jury is deliberating or voting
is guilty of a misdemeanor. This section is not intended to prohibit the
taking of notes by a grand juror in connection with and solely for the
purpose of assisting him in the performance of his duties as such juror.
892. The grand jury may
proceed against a corporation.
893. (a) A person is competent
to act as a grand juror only if he possesses each of the following qualifications:
(1) He is a citizen of the United States of the age of
18 years or older who shall have been a resident of the state and of the
county or city and county for one year immediately before being selected
and returned.
(2) He is in possession of his natural faculties, of
ordinary intelligence, of sound judgment, and of fair character.
(3) He is possessed of sufficient knowledge of the English
language.
(b) A person is not competent to act as a grand juror
if any of the following apply:
(1) The person is serving as a trial juror in any court
of this state.
(2) The person has been discharged as a grand juror in
any court of this state within one year.
(3) The person has been convicted of malfeasance in office
or any felony or other high crime.
(4) The person is serving as an elected public officer.
894. Sections 204, 218, and 219
of the Code of Civil Procedure specify the exemptions and the excuses which
relieve a person from liability to serve as a grand juror.
895. During the month preceding
the beginning of the fiscal year of the county, the superior court of each
county shall make an order designating the estimated number of grand jurors
that will, in the opinion of the court, be required for the transaction
of the business of the court during the ensuing fiscal year as provided
in Section 905.5.
896. (a) Immediately after an
order is made pursuant to Section 895, the court shall select the grand
jurors required by personal interview for the purpose of ascertaining whether
they possess the qualifications prescribed by subdivision (a) of Section
893. If a person so interviewed, in the opinion of the court, possesses
the necessary qualifications, in order to be listed the person shall sign
a statement declaring that the person will be available for jury service
for the number of hours usually required of a member of the grand jury
in that county.
(b) The selections shall be made of men and women who
are not exempt from serving and who are suitable and competent to serve
as grand jurors pursuant to Sections 893, 898, and 899. The court shall
list the persons so selected and required by the order to serve as grand
jurors during the ensuing fiscal year of the county, or until a new list
of grand jurors is provided, and shall at once place this list in the possession
of the jury commissioner.
898. The list of grand jurors
made in a county having a population in excess of four million shall contain
the number of persons which has been designated by the court in its order.
899. The names for the grand
jury list shall be selected from the different wards, judicial districts,
or supervisorial districts of the respective counties in proportion to
the number of inhabitants therein, as nearly as the same can be estimated
by the persons making the lists. The grand jury list shall be kept separate
and distinct from the trial jury list. In a county of the first class,
the names for such list may be selected from the county at large.
900. On receiving the list of
persons selected by the court, the jury commissioner shall file it in the
jury commissioner's office and have the list, which shall include the name
of the judge who selected each person on the list, published one time in
a newspaper of general circulation, as defined in Section 6000 of the Government
Code, in the county. The jury commissioner shall then do either of the
following:
(a) Write down the names on the list onto separate pieces
of paper of the same size and appearance, fold each piece so as to conceal
the name, and deposit the pieces in a box to be called the "grand
jury box."
(b) Assign a number to each name on the list and place,
in a box to be called the "grand jury box," markers of the same
size, shape, and color, each containing a number which corresponds with
a number on the list.
901. (a) The persons whose names
are so returned shall be known as regular jurors, and shall serve for one
year and until other persons are selected and returned.
(b) If the superior court so decides, the presiding judge
may name up to 10 regular jurors not previously so named, who served on
the previous grand jury and who so consent, to serve for a second year.
(c) The court may also decide to select grand jurors
pursuant to Section 908.2.
902. The names of persons drawn
for grand jurors shall be drawn from the grand jury box by withdrawing
either the pieces of paper placed therein pursuant to subdivision (a) of
Section 900 or the markers placed therein pursuant to subdivision (b) of
Section 900. If, at the end of the fiscal year of the county, there are
the names of persons in the grand jury box who have not been drawn during
the fiscal year to serve and have not served as grand jurors, the names
of such persons may be placed on the list of grand jurors drawn for the
succeeding fiscal year.
903.1. Pursuant to written
rules or instructions adopted by a majority of the judges of the superior
court of the county, the jury commissioner shall furnish the judges of the
court annually a list of persons qualified to serve as grand jurors during
the ensuing fiscal year of the county, or until a new list of jurors is
required. From time to time, a majority of the judges of the superior court
may adopt such rules or instructions as may be necessary for the guidance
of the jury commissioner, who shall at all times be under the supervision
and control of the judges of the court. Any list of jurors prepared pursuant
to this article must, however, meet the requirements of Section 899.
903.2. The jury commissioner
shall diligently inquire and inform himself in respect to the qualifications
of persons resident in his county who may be liable to be summoned for
grand jury duty. He may require any person to answer, under oath to be
administered by him, all such questions as he may address to such person,
touching his name, age, residence, occupation, and qualifications as a
grand juror, and also all questions as to similar matters concerning other
persons of whose qualifications for grand jury duty he has knowledge.
The commissioner and his assistants, referred
to in Sections 69895 and 69896 of the Government Code, shall have power
to administer oaths and shall be allowed actual traveling expenses incurred
in the performance of their duties. Such traveling expenses shall be audited,
allowed, and paid out of the general fund of the county.
903.3. Pursuant to the rules
or instructions adopted by a majority of the judges of the superior court,
the jury commissioner shall return to the judges the list of persons recommended
by him for grand jury duty. The judges of the superior court shall examine
the jury list so returned and from such list a majority of the judges may
select, to serve as grand jurors in the superior court of the county during
the ensuing year or until a new list of jurors is required, such persons
as, in their opinion, should be selected for grand jury duty. The persons
so selected shall, in the opinion of the judges selecting them, be persons
suitable and competent to serve as jurors, as required by law.
903.4. The judges are not required
to select any names from the list returned by the jury commissioner, but
may, if in their judgement the due administration of justice requires,
make all or any selections from among the body of persons in the county
suitable and competent to serve as grand jurors regardless of the list
returned by the jury commissioner.
904. Every superior court, whenever
in its opinion the public interest so requires, shall make and file with
the jury commissioner an order directing a grand jury to be drawn. The
order shall designate the number of grand jurors to be drawn, which may
not be less than 29 nor more than 40 in counties having a population exceeding
four million and not less than 25 nor more than 30 in other counties.
904.4. (a) In any county having
a population of more than 370,000 but less than 400,000 as established
by Section 28020 of the Government Code, the presiding judge of the superior
court, upon application by the district attorney, may order and direct
the drawing and impanelment at any time of one additional grand jury.
(b) The presiding judge may select persons, at random,
from the list of trial jurors in civil and criminal cases and shall examine
them to determine if they are competent to serve as grand jurors. When
a sufficient number of competent persons have been selected, they shall
constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant
to this section may serve for a period of one year from the date of impanelment,
but may be discharged at any time within the one-year period by order of
the presiding judge. In no event shall more than one additional grand jury
be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant
to this section, it may inquire into any matters that are subject to grand
jury inquiry and shall have the sole and exclusive jurisdiction to return
indictments, except for any matters that the regular grand jury is inquiring
into at the time of its impanelment.
(e) If an additional grand jury is also authorized by
another section, the county may impanel the additional grand jury authorized
by this section, or by the other section, but not both.
904.6. (a) In any county or city
and county, the presiding judge of the superior court may order and direct
the impanelment, at any time, of one additional grand jury pursuant to
this section.
(b) The presiding judge shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall examine
them to determine if they are competent to serve as grand jurors. When
a sufficient number of competent persons have been selected, they shall
constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant
to this section may serve for a period of one year from the date of impanelment,
but may be discharged at any time within the one-year period by order of
the presiding judge. In no event shall more than one additional grand jury
be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant
to this section, it may inquire into any matters which are subject to grand
jury inquiry and shall have the sole and exclusive jurisdiction to return
indictments, except for any matters which the regular grand jury is inquiring
into at the time of its impanelment.
(e) It is the intent of the Legislature that all persons
qualified for jury service shall have an equal opportunity to be considered
for service as criminal grand jurors in the county in which they reside,
and that they have an obligation to serve, when summoned for that purpose.
All persons selected for the additional criminal grand jury shall be selected
at random from a source or sources reasonably representative of a cross
section of the population which is eligible for jury service in the county.
905. In all counties there shall
be at least one grand jury drawn and impaneled in each year.
905.5. (a) Except as otherwise
provided in subdivision (b), the grand jury shall be impaneled and serve
during the fiscal year of the county in the manner provided in this chapter.
(b) The board of supervisors of a county may provide that the grand jury
shall be impaneled and serve during the calendar year. The board of supervisors
shall provide for an appropriate transition from fiscal year term to calendar
year term or from calendar year term to fiscal year term for the grand
jury. The provisions of subdivisions (a) and (b) of Section 901 shall not
be deemed a limitation on any appropriate transition provisions as determined
by resolution or ordinance; and, except as otherwise provided in this chapter,
no transition grand jury shall serve more than 18 months.
906. The order shall designate
the time at which the drawing will take place. The names of the grand jurors
shall be drawn, and the list of names certified and summoned, as is provided
for drawing and summoning trial jurors. The names of any persons drawn,
who are not impaneled upon the grand jury, may be again placed in the grand
jury box.
907. Any grand juror summoned,
who willfully and without reasonable excuse fails to attend, may be attached
and compelled to attend and the court may also impose a fine not exceeding
fifty dollars ($50), upon which execution may issue. If the grand juror
was not personally served, the fine shall not be imposed until upon an
order to show cause an opportunity has been offered the grand juror to
be heard.
908. If the required number of
the persons summoned as grand jurors are present and not excused, the required
number shall constitute the grand jury. If more than the required number
of persons are present, the jury commissioner shall write their names on
separate ballots, which the jury commissioner shall fold so that the names
cannot be seen, place them in a box, and draw out the required number of
them. The persons whose names are on the ballots so drawn shall constitute
the grand jury. If less than the required number of persons are present,
the panel may be filled as provided in Section 211 of the Code of Civil
Procedure. If more of the persons summoned to complete a grand jury attend
than are required, the requisite number shall be obtained by writing the
names of those summoned and not excused on ballots, depositing them in
a box, and drawing as provided above.
908.1. When, after the grand
jury consisting of the required number of persons has been impaneled pursuant
to law, the membership is reduced for any reason, vacancies within an existing
grand jury may be filled, so as to maintain the full membership at the
required number of persons, by the jury commissioner, in the presence of
the court, drawing out sufficient names to fill the vacancies from the
grand jury box, pursuant to law, or from a special venire as provided in
Section 211 of the Code of Civil Procedure. A person selected as a grand
juror to fill a vacancy pursuant to this section may not vote as a grand
juror on any matter upon which evidence has been taken by the grand jury
prior to the time of the person's selection.
908.2. (a) Upon the decision
of the superior court pursuant to Section 901 to adopt this method of selecting
grand jurors, when the required number of persons have been impaneled as
the grand jury pursuant to law, the jury commissioner shall write the names
of each person on separate ballots. The jury commissioner shall fold the
ballots so that the names cannot be seen, place them in a box, and draw
out half of the ballots, or in a county where the number of grand jurors
is uneven, one more than half. The persons whose names are on the ballots
so drawn shall serve for 12 months until July 1 of the following year.
The persons whose names are not on the ballots so drawn shall serve for
six months until January 1 of the following year.
(b) Each subsequent year, on January 2 and July 2, a
sufficient number of grand jurors shall be impaneled to replace those whose
service concluded the previous day. Those persons impaneled on January
2 shall serve until January 1 of the following year. Those persons impaneled
on July 2 shall serve until July 1 of the following year. A person may
not serve on the grand jury for more than one year.
(c) The provisions of subdivisions (a) and (b) do not
apply to the selection of grand jurors for an additional grand jury authorized
pursuant to Section 904.6.
909. Before accepting a person
drawn as a grand juror, the court shall be satisfied that such person is
duly qualified to act as such juror. When a person is drawn and found qualified
he shall be accepted unless the court, on the application of the juror
and before he is sworn, excuses him from such service for any of the reasons
prescribed in this title or in Chapter 1 (commencing with Section 190),
Title 3, Part 1 of the Code of Civil Procedure.
910. No challenge shall be made
or allowed to the panel from which the grand jury is drawn, nor to an individual
grand juror, except when made by the court for want of qualification, as
prescribed in Section 909.
911. The following oath shall
be taken by each member of the grand jury: "I do solemnly swear (affirm)
that I will support the Constitution of the United States and of the State
of California, and all laws made pursuant to and in conformity therewith,
will diligently inquire into, and true presentment make, of all public
offenses against the people of this state, committed or triable within
this county, of which the grand jury shall have or can obtain legal evidence.
Further, I will not disclose any evidence brought before the grand jury,
nor anything which I or any other grand juror may say, nor the manner in
which I or any other grand juror may have voted on any matter before the
grand jury. I will keep the charge that will be given to me by the court."
912. From the persons summoned
to serve as grand jurors and appearing, the court shall appoint a foreman.
The court shall also appoint a foreman when the person already appointed
is excused or discharged before the grand jury is dismissed.
913. If a grand jury is not
in existence, the Attorney General may demand the impaneling of a grand
jury by those charged with the duty to do so, and upon such demand by him,
it shall be their duty to do so.
914. (a) When the grand jury
is impaneled and sworn, it shall be charged by the court. In doing so,
the court shall give the grand jurors such information as it deems proper,
or as is required by law, as to their duties, and as to any charges for
public offenses returned to the court or likely to come before the grand
jury.
(b) To assist a grand jury in the performance of its
statutory duties regarding civil matters, the court, in consultation with
the district attorney, the county counsel, and at least one former grand
juror, shall ensure that a grand jury that considers or takes action on
civil matters receives training that addresses, at a minimum, report writing,
interviews, and the scope of the grand jury's responsibility and statutory
authority.
(c) Any costs incurred by the court as a result of this
section shall be absorbed by the court or the county from existing resources.
914.1. When a grand jury is
impaneled, for purposes which include the investigation of, or inquiry
into, county matters of civil concern, the judge of the superior court
of the county, in addition to other matters requiring action, shall call
its attention to the provisions of Chapter 1 (commencing with Section 23000)
of Division 1 of Title 3, and Sections 24054 and 26525 of the Government
Code, and instruct it to ascertain by a careful and diligent investigation
whether such provisions have been complied with, and to note the result
of such investigation in its report. At such time the judge shall also
inform and charge the grand jury especially as to its powers, duties, and
responsibilities under Article 1 (commencing with Section 888) of Chapter
2, and Article 2 (commencing with Section 925), Article 3 (commencing with
Section 934) of this chapter, Article 3 (commencing with Section 3060)
of Chapter 7 of Division 4 of Title 1 of the Government Code, and Section
17006 of the Welfare and Institutions Code.
914.5. The grand jury shall
not spend money or incur obligations in excess of the amount budgeted for
its investigative activities pursuant to this chapter by the county board
of supervisors unless the proposed expenditure is approved in advance by
the presiding judge of the superior court after the board of supervisors
has been advised of the request.
915. When the grand jury has
been impaneled, sworn, and charged, it shall retire to a private room,
except when operating under a finding pursuant to Section 939.1, and inquire
into the offenses and matters of civil concern cognizable by it. On the
completion of the business before the grand jury or expiration of the term
of prescribed service of one or more grand jurors, the court shall discharge
it or the affected individual jurors.
916. Each grand jury shall choose
its officers, except the foreman, and shall determine its rules of proceeding.
Adoption of its rules of procedure and all public actions of the grand
jury, whether concerning criminal or civil matters unless otherwise prescribed
in law, including adoption of final reports, shall be only with the concurrence
of that number of grand jurors necessary to find an indictment pursuant
to Section 940. Rules of procedure shall include guidelines for that grand
jury to ensure that all findings included in its final reports are supported
by documented evidence, including reports of contract auditors or consultants,
official records, or interviews attended by no fewer than two grand jurors
and that all problems identified in a final report are accompanied by suggested
means for their resolution, including financial, when applicable.
916.1. If the foreman of a grand
jury is absent from any meeting or if he is disqualified to act, the grand
jury may select a member of that body to act as foreman pro tempore, who
shall perform the duties, and have all the powers, of the regularly appointed
foreman in his absence or disqualification.
917. The grand jury may inquire
into all public offenses committed or triable within the county and present
them to the court by indictment.
918. If a member of a grand
jury knows, or has reason to believe, that a public offense, triable within
the county, has been committed, he may declare it to his fellow jurors,
who may thereupon investigate it.
919. (a) The grand jury may inquire
into the case of every person imprisoned in the jail of the county on a
criminal charge and not indicted.
(b) The grand jury shall inquire into the condition and
management of the public prisons within the county.
(c) The grand jury shall inquire into the willful or
corrupt misconduct in office of public officers of every description within
the county.
920. The grand jury may investigate
and inquire into all sales and transfers of land, and into the ownership
of land, which, under the state laws, might or should escheat to the State
of California. For this purpose, the grand jury may summon witnesses before
it and examine them and the records. The grand jury shall direct that proper
escheat proceedings be commenced when, in the opinion of the grand jury,
the evidence justifies such proceedings.
921. The grand jury is entitled
to free access, at all reasonable times, to the public prisons, and to
the examination, without charge, of all public records within the county.
922. The powers and duties of
the grand jury in connection with proceedings for the removal of district,
county, or city officers are prescribed in Article 3 (commencing with Section
3060), Chapter 7, Division 4, Title 1, of the Government Code.
923. (a) Whenever the Attorney
General considers that the public interest requires, he or she may, with
or without the concurrence of the district attorney, direct the grand jury
to convene for the investigation and consideration of those matters of
a criminal nature that he or she desires to submit to it. He or she may
take full charge of the presentation of the matters to the grand jury,
issue subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
(b) Whenever the Attorney General considers that the
public interest requires, he or she may, with or without the concurrence
of the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the activities
subject to fine, imprisonment, or asset forfeiture under Section 14107
of the Welfare and Institutions Code. He or she may take full charge of
the presentation of the matters to the grand jury, issue subpoenas, prepare
indictments, and do all other things incident thereto to the same extent
as the district attorney may do. If the evidence presented to the grand
jury shows the commission of an offense or offenses for which jurisdiction
would be in a county other than the county where the grand jury is impaneled,
the Attorney General, with or without the concurrence of the district attorney
in the county with jurisdiction over the offense or offenses, may petition
the court to impanel a special grand jury in that county. Notwithstanding
any other provision of law, upon request of the Attorney General, a grand
jury convened by the Attorney General pursuant to this subdivision may
submit confidential information obtained by that grand jury, including,
but not limited to documents and testimony, to a second grand jury that
has been impaneled at the request of the Attorney General pursuant to this
subdivision in any other county where venue for an offense or offenses
shown by evidence presented to the first grand jury is proper. All confidentiality
provisions governing information, testimony, and evidence presented to
a grand jury shall be applicable except as expressly permitted by this
subdivision. The Attorney General shall inform the grand jury that transmits
confidential information and the grand jury that receives confidential
information of any exculpatory evidence, as required by Section 939.71.
The grand jury that transmits information to another grand jury shall include
the exculpatory evidence disclosed by the Attorney General in the transmission
of the confidential information. The Attorney General shall inform both
the grand jury transmitting the confidential information and the grand
jury receiving that information of their duties under Section 939.7. A
special grand jury convened pursuant to this subdivision shall be in addition
to the other grand juries authorized by this chapter or Chapter 2 (commencing
with Section 893).
(c) Upon certification by the Attorney General, a statement
of the costs directly related to the impanelment and activities of the
grand jury pursuant to subdivision (b) from the presiding judge of the
superior court where the grand jury was impaneled shall be submitted for
state reimbursement of the costs to the county.
924. Every grand juror who willfully
discloses the fact of an information or indictment having been made for
a felony, until the defendant has been arrested, is guilty of a misdemeanor.
924.1. (a) Every grand juror
who, except when required by a court, willfully discloses any evidence
adduced before the grand jury, or anything which he himself or any other
member of the grand jury has said, or in what manner he or she or any other
grand juror has voted on a matter before them, is guilty of a misdemeanor.
(b) Every interpreter for the disabled appointed to assist
a member of the grand jury pursuant to Section 939.11 who, except when
required by a court, willfully discloses any evidence adduced before the
grand jury, or anything which he or she or any member of the grand jury
has said, or in what manner any grand juror has voted on a matter before
them, is guilty of a misdemeanor.
924.2. Each grand juror shall
keep secret whatever he himself or any other grand juror has said, or in
what manner he or any other grand juror has voted on a matter before them.
Any court may require a grand juror to disclose the testimony of a witness
examined before the grand jury, for the purpose of ascertaining whether
it is consistent with that given by the witness before the court, or to
disclose the testimony given before the grand jury by any person, upon
a charge against such person for perjury in giving his testimony or upon
trial therefor.
924.3. A grand juror cannot
be questioned for anything he may say or any vote he may give in the grand
jury relative to a matter legally pending before the jury, except for a
perjury of which he may have been guilty in making an accusation or giving
testimony to his fellow jurors.
924.4. Notwithstanding the provisions
of Sections 924.1 and 924.2, any grand jury or, if the grand jury is no
longer impaneled, the presiding judge of the superior court, may pass on
and provide the succeeding grand jury with any records, information, or
evidence acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or evidence
that relates to a criminal investigation or that could form part or all
of the basis for issuance of an indictment. Transcripts of testimony reported
during any session of the grand jury shall be made available to the succeeding
grand jury upon its request.
924.6. If no indictment is returned,
the court that impaneled the grand jury shall, upon application of either
party, order disclosure of all or part of the testimony of a witness before
the grand jury to a defendant and the prosecutor in connection with any
pending or subsequent criminal prodeeding before any court if the court
finds following an in camera hearing, which shall include the court's review
of the grand jury's testimony, that the testimony is relevant, and appears
to be admissible.
925. The grand jury shall investigate
and report on the operations, accounts, and records of the officers, departments,
or functions of the county including those operations, accounts, and records
of any special legislative district or other district in the county created
pursuant to state law for which the officers of the county are serving
in their ex officio capacity as officers of the districts. The investigations
may be conducted on some selective basis each year, but the grand jury
shall not duplicate any examination of financial statements which has been
performed by or for the board of supervisors pursuant to Section 25250
of the Government Code; this provision shall not be construed to limit
the power of the grand jury to investigate and report on the operations,
accounts, and records of the officers, departments, or functions of the
county. The grand jury may enter into a joint contract with the board of
supervisors to employ the services of an expert as provided for in Section
926.
925a. The grand jury may at any
time examine the books and records of any incorporated city or joint powers
agency located in the county. In addition to any other investigatory powers
granted by this chapter, the grand jury may investigate and report upon
the operations, accounts, and records of the officers, departments, functions,
and the method or system of performing the duties of any such city or joint
powers agency and make such recommendations as it may deem proper and fit.
The grand jury may investigate and report upon the needs of all joint powers
agencies in the county, including the abolition or creation of agencies
and the equipment for, or the method or system of performing the duties
of, the several agencies. It shall cause a copy of any such report to be
transmitted to the governing body of any affected agency. As used in this
section, "joint powers agency" means an agency described in Section
6506 of the Government Code whose jurisdiction encompasses all or part
of a county.
926. (a) If, in the judgment
of the grand jury, the services of one or more experts are necessary for
the purposes of Sections 925, 925a, 928, 933.1, and 933.5 or any of them,
the grand jury may employ one or more experts, at an agreed compensation,
to be first approved by the court. If, in the judgment of the grand jury,
the services of assistants to such experts are required, the grand jury
may employ such assistants, at a compensation to be agreed upon and approved
by the court. Expenditures for the services of experts and assistants for
the purposes of Section 933.5 shall not exceed the sum of thirty thousand
dollars ($30,000) annually, unless such expenditures shall also be approved
by the board of supervisors.
(b) When making an examination of the books, records,
accounts, and documents maintained and processed by the county assessor,
the grand jury, with the consent of the board of supervisors, may employ
expert auditors or appraisers to assist in the examination. Auditors and
appraisers, while performing pursuant to the directive of the grand jury,
shall have access to all records and documents that may be inspected by
the grand jury subject to the same limitations on public disclosure as
apply to the grand jury.
(c) Any contract entered into by a grand jury pursuant
to this section may include services to be performed after the discharge
of the jury, but in no event may a jury contract for services to be performed
later than six months after the end of the fiscal year during which the
jury was impaneled.
(d) Any contract entered into by a grand jury pursuant
to this section shall stipulate that the product of that contract shall
be delivered on or before a time certain to the then-current grand jury
of that county for such use as that jury finds appropriate to its adopted
objectives.
927. A grand jury may, and when
requested by the board of supervisors shall, investigate and report upon
the needs for increase or decrease in salaries of the county-elected officials.
A copy of such report shall be transmitted to the board of supervisors.
928. Every grand jury may investigate
and report upon the needs of all county officers in the county, including
the abolition or creation of offices and the equipment for, or the method
or system of performing the duties of, the several offices. Such investigation
and report shall be conducted selectively each year. The grand jury shall
cause a copy of such report to be transmitted to each member of the board
of supervisors of the county.
929. As to any matter not subject
to privilege, with the approval of the presiding judge of the superior
court or the judge appointed by the presiding judge to supervise the grand
jury, a grand jury may make available to the public part or all of the
evidentiary material, findings, and other information relied upon by, or
presented to, a grand jury for its final report in any civil grand jury
investigation provided that the name of any person, or facts that lead
to the identity of any person who provided information to the grand jury,
shall not be released. Prior to granting approval pursuant to this section,
a judge may require the redaction or masking of any part of the evidentiary
material, findings, or other information to be released to the public including,
but not limited to, the identity of witnesses and any testimony or materials
of a defamatory or libelous nature.
930. If any grand jury shall,
in the report above mentioned, comment upon any person or official who
has not been indicted by such grand jury such comments shall not be deemed
to be privileged.
931. All expenses of the grand
jurors incurred under this article shall be paid by the treasurer of the
county out of the general fund of the county upon warrants drawn by the
county auditor upon the written order of the judge of the superior court
of the county.
932. After investigating the
books and accounts of the various officials of the county, as provided
in the foregoing sections of this article, the grand jury may order the
district attorney of the county to institute suit to recover any money
that, in the judgment of the grand jury, may from any cause be due the
county. The order of the grand jury, certified by the foreman of the grand
jury and filed with the clerk of the superior court of the county, shall
be full authority for the district attorney to institute and maintain any
such suit.
933. (a) Each
grand jury shall submit to the presiding judge of the superior court a
final report of its findings and recommendations that pertain to county
government matters during the fiscal or calendar year. Final reports on
any appropriate subject may be submitted to the presiding judge of the
superior court at any time during the term of service of a grand jury.
A final report may be submitted for comment to responsible officers, agencies,
or departments, including the county board of supervisors, when applicable,
upon finding of the presiding judge that the report is in compliance with
this title. For 45 days after the end of the term, the foreperson and his
or her designees shall, upon reasonable notice, be available to clarify
the recommendations of the report.
(b) One copy of each final report, together with the
responses thereto, found to be in compliance with this title shall be placed
on file with the clerk of the court and remain on file in the office of
the clerk. The clerk shall immediately forward a true copy of the report
and the responses to the State Archivist who shall retain that report and
all responses in perpetuity.
(c) No later than 90 days after the grand jury submits
a final report on the operations of any public agency subject to its reviewing
authority, the governing body of the public agency shall comment to the
presiding judge of the superior court on the findings and recommendations
pertaining to matters under the control of the governing body, and every
elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding
judge of the superior court, with an information copy sent to the board
of supervisors, on the findings and recommendations pertaining to matters
under the control of that county officer or agency head and any agency
or agencies which that officer or agency head supervises or controls. In
any city and county, the mayor shall also comment on the findings and recommendations.
All of these comments and reports shall forthwith be submitted to the presiding
judge of the superior court who impaneled the grand jury. A copy of all
responses to grand jury reports shall be placed on file with the clerk
of the public agency and the office of the county clerk, or the mayor when
applicable, and shall remain on file in those offices. One copy shall be
placed on file with the applicable grand jury final report by, and in the
control of the currently impaneled grand jury, where it shall be maintained
for a minimum of five years.
(d) As used in this section "agency" includes a department.
933.05. (a) For purposes of subdivision
(b) of Section 933, as to each grand jury finding, the responding person
or entity shall indicate one of the following: (1) The respondent agrees
with the finding. (2) The respondent disagrees wholly or partially with
the finding, in which case the response shall specify the portion of the
finding that is disputed and shall include an explanation of the reasons
therefor.
(b) For purposes of subdivision (b) of Section 933, as
to each grand jury recommendation, the responding person or entity shall
report one of the following actions: (1) The recommendation has been implemented,
with a summary regarding the implemented action. (2) The recommendation
has not yet been implemented, but will be implemented in the future, with
a timeframe for implementation. (3) The recommendation requires further
analysis, with an explanation and the scope and parameters of an analysis
or study, and a timeframe for the matter to be prepared for discussion
by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable.
This timeframe shall not exceed six months from the date of publication
of the grand jury report. (4) The recommendation will not be implemented
because it is not warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand
jury addresses budgetary or personnel matters of a county agency or department
headed by an elected officer, both the agency or department head and the
board of supervisors shall respond if requested by the grand jury, but
the response of the board of supervisors shall address only those budgetary
or personnel matters over which it has some decisionmaking authority. The
response of the elected agency or department head shall address all aspects
of the findings or recommendations affecting his or her agency or department.
(d) A grand jury may request a subject person or entity
to come before the grand jury for the purpose of reading and discussing
the findings of the grand jury report that relates to that person or entity
in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet
with the subject of that investigation regarding the investigation, unless
the court, either on its own determination or upon request of the foreperson
of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency
a copy of the portion of the grand jury report relating to that person
or entity two working days prior to its public release and after the approval
of the presiding judge. No officer, agency, department, or governing body
of a public agency shall disclose any contents of the report prior to the
public release of the final report.
933.06. (a) Notwithstanding Sections
916 and 940, in a county having a population of 20,000 or less, a final
report may be adopted and submitted pursuant to Section 933 with the concurrence
of at least 10 grand jurors if all of the following conditions are met:
(1) The grand jury consisting of 19 persons has been impaneled pursuant
to law, and the membership is reduced from 19 to fewer than 12. (2) The
vacancies have not been filled pursuant to Section 908.1 within 30 days
from the time that the clerk of the superior court is given written notice
that the vacancy has occurred. (3) A final report has not been submitted
by the grand jury pursuant to Section 933.
(b) Notwithstanding Section 933, no responsible officers,
agencies, or departments shall be required to comment on a final report
submitted pursuant to this section.
933.1. A grand jury may at any
time examine the books and records of a redevelopment agency, a housing
authority, created pursuant to Division 24 (commencing with Section 33000)
of the Health and Safety Code, or a joint powers agency created pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method or
system of performing the duties of such agency or authority.
933.5. A grand jury may at any
time examine the books and records of any special-purpose assessing or
taxing district located wholly or partly in the county or the local agency
formation commission in the county, and, in addition to any other investigatory
powers granted by this chapter, may investigate and report upon the method
or system of performing the duties of such district or commission.
933.6. A grand jury may at any
time examine the books and records of any nonprofit corporation established
by or operated on behalf of a public entity the books and records of which
it is authorized by law to examine, and, in addition to any other investigatory
powers granted by this chapter, may investigate and report upon the method
or system of performing the duties of such nonprofit corporation.
934. (a) The grand jury may,
at all times, request the advice of the court, or the judge thereof, the
district attorney, the county counsel, or the Attorney General. Unless
advice is requested, the judge of the court, or county counsel as to civil
matters, shall not be present during the sessions of the grand jury.
(b) The Attorney General may grant or deny a request
for advice from the grand jury. If the Attorney General grants a request
for advice from the grand jury, the Attorney General shall fulfill that
request within existing financial and staffing resources.
935. The district attorney of
the county may at all times appear before the grand jury for the purpose
of giving information or advice relative to any matter cognizable by the
grand jury, and may interrogate witnesses before the grand jury whenever
he thinks it necessary. When a charge against or involving the district
attorney, or assistant district attorney, or deputy district attorney,
or anyone employed by or connected with the office of the district attorney,
is being investigated by the grand jury, such district attorney, or assistant
district attorney, or deputy district attorney, or all or anyone or more
of them, shall not be allowed to be present before such grand jury when
such charge is being investigated, in an official capacity but only as
a witness, and he shall only be present while a witness and after his appearance
as such witness shall leave the place where the grand jury is holding its
session.
936. When requested so to do
by the grand jury of any county, the Attorney General may employ special
counsel and special investigators, whose duty it shall be to investigate
and present the evidence in such investigation to such grand jury. The
services of such special counsel and special investigators shall be a county
charge of such county.
936.5. (a) When requested to
do so by the grand jury of any county, the presiding judge of the superior
court may employ special counsel and special investigators, whose duty
it shall be to investigate and present the evidence of the investigation
to the grand jury.
(b) Prior to the appointment, the presiding judge shall
conduct an evidentiary hearing and find that a conflict exists that would
prevent the local district attorney, the county counsel, and the Attorney
General from performing such investigation. Notice of the hearing shall
be given to each of them unless he or she is a subject of the investigation.
The finding of the presiding judge may be appealed by the district attorney,
the county counsel, or the Attorney General. The order shall be stayed
pending the appeal made under this section.
(c) The authority to appoint is contingent upon the certification
by the auditor-comptroller of the county, that the grand jury has funds
appropriated to it sufficient to compensate the special counsel and investigator
for services rendered pursuant to the court order. In the absence of a
certification the court has no authority to appoint. In the event the county
board of supervisors or a member thereof is under investigation, the county
has an obligation to appropriate the necessary funds.
936.7. (a) In a county of the
eighth class, as defined by Sections 28020 and 28029 of the Government
Code, upon a request by the grand jury, the presiding judge of the superior
court may retain, in the name of the county, a special counsel to the grand
jury. The request shall be presented to the presiding judge in camera,
by an affidavit, executed by the foreperson of the grand jury, which specifies
the reason for the request and the nature of the services sought, and which
certifies that the appointment of the special counsel is reasonably necessary
to aid the work of the grand jury. The affidavit shall be confidential
and its contents may not be made public except by order of the presiding
judge upon a showing of good cause. The special counsel shall be selected
by the presiding judge following submission of the name of the nominee
to the board of supervisors for comment. The special counsel shall be retained
under a contract executed by the presiding judge in the name of the county.
The contract shall contain the following terms: (1) The types of legal
services to be rendered to the grand jury; provided, (i) that the special
counsel's duties shall not include any legal advisory, investigative, or
prosecutorial service which by statute is vested within the powers of the
district attorney, and (ii) that the special counsel may not perform any
investigative or prosecutorial service whatsoever except upon advance written
approval by the presiding judge which specifies the number of hours of
these services, the hourly rate therefor, and the subject matter of the
inquiry. (2) The hourly rate of compensation of the special counsel for
legal advisory services delivered, together with a maximum contract amount
payable for all services rendered under the contract during the term thereof,
and all service authorizations issued pursuant thereto. (3) That the contract
may be canceled in advance of the expiration of its term by the presiding
judge pursuant to service upon the special counsel of 10 days' advance
written notice.
(b) The maximum contract amount shall be determined by
the board of supervisors and included in the grand jury's annual operational
budget. The maximum amount shall be subject to increase by the presiding
judge through contract amendment during the term thereof, subject to and
in compliance with the procedure prescribed by Section 914.5. (c) The contract
shall constitute a public record and shall be subject to public inspection
and copying pursuant to the provisions of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1 of the Government Code). However, at the sole discretion of the board
of supervisors, any or all of the following steps may be taken: (1) The
nomination by the presiding judge, and any or all actions by the board
of supervisors in commenting upon the nominee and the comments, may be
made confidential. (2) The deliberations and actions may be undertaken
in meetings from which the public is excluded, and the communication containing
comments may constitute a confidential record which is not subject to public
inspection or copying except at the sole discretion of the board of supervisors.
Moreover, any written authorization by the presiding judge pursuant to
paragraph (1) of subdivision (a) shall constitute a confidential record
which is not subject to public inspection or copying except in connection
with a dispute concerning compensation for services rendered.
937. The grand jury or district
attorney may require by subpoena the attendance of any person before the
grand jury as interpreter. While his services are necessary, such interpreter
may be present at the examination of witnesses before the grand jury. The
compensation for services of such interpreter constitutes a charge against
the county, and shall be fixed by the grand jury.
938. (a) Whenever criminal causes
are being investigated before the grand jury, it shall appoint a competent
stenographic reporter. He shall be sworn and shall report in shorthand
the testimony given in such causes and shall transcribe the shorthand in
all cases where an indictment is returned or accusation presented.
(b) At the request of the grand jury, the reporter shall
also prepare transcripts of any testimony reported during any session of
the immediately preceding grand jury.
938.1. (a) If an indictment has
been found or accusation presented against a defendant, such stenographic
reporter shall certify and deliver to the clerk of the superior court in
the county an original transcription of the reporter's shorthand notes
and a copy thereof and as many additional copies as there are defendants,
other than fictitious defendants, regardless of the number of charges or
fictitious defendants included in the same investigation. The reporter
shall complete the certification and delivery within 10 days after the
indictment has been found or the accusation presented unless the court
for good cause makes an order extending the time. The time shall not be
extended more than 20 days. The clerk shall file the original of the transcript,
deliver a copy of the transcript to the district attorney immediately upon
receipt thereof and deliver a copy of such transcript to each such defendant
or the defendant's attorney. If the copy of the testimony is not served
as provided in this section, the court shall on motion of the defendant
continue the trial to such time as may be necessary to secure to the defendant
receipt of a copy of such testimony 10 days before such trial. If several
criminal charges are investigated against a defendant on one investigation
and thereafter separate indictments are returned or accusations presented
upon said several charges, the delivery to such defendant or the defendant's
attorney of one copy of the transcript of such investigation shall be a
compliance with this section as to all of such indictments or accusations.
(b) The transcript shall not be open to the public until
10 days after its delivery to the defendant or the defendant's attorney.
Thereafter the transcript shall be open to the public unless the court
orders otherwise on its own motion or on motion of a party pending a determination
as to whether all or part of the transcript should be sealed. If the court
determines that there is a reasonable likelihood that making all or any
part of the transcript public may prejudice a defendant's right to a fair
and impartial trial, that part of the transcript shall be sealed until
the defendant's trial has been completed.
938.2. (a) For preparing any
transcript in any case pursuant to subdivision (a) of Section 938.1, the
stenographic reporter shall draw no salary or fees from the county for
preparing such transcript in any case until all such transcripts of testimony
in such case so taken by him are written up and delivered. Before making
the order for payment to the reporter, the judge of the superior court
shall require the reporter to show by affidavit or otherwise that he has
written up and delivered all testimony taken by him, in accordance with
subdivision (a) of Section 938 and Section 938.1.
(b) Before making the order for payment to a reporter
who has prepared transcripts pursuant to subdivision (b) of Section 938,
the judge of the superior court shall require the reporter to show by affidavit
or otherwise that he has written up and delivered all testimony requested
of him in accordance with that sudivision.
938.3. The services of the stenographic
reporter shall constitute a charge against the county, and the stenographic
reporter shall be compensated for reporting and transcribing at the same
rates as prescribed in Sections 69947 to 69954, inclusive, of the Government
Code, to be paid out of the county treasury on a warrant of the county
auditor when ordered by the judge of the superior court.
938.4. The superior court shall
arrange for a suitable meeting room and other support as the court determines
is necessary for the grand jury. Any costs incurred by the court as a result
of this section shall be absorbed by the court or the county from existing
resources.
939. No person other than
those specified in Article 3 (commencing with Section 934), and in Sections
939.1, 939.11, and 939.21, and the officer having custody of a prisoner
witness while the prisoner is testifying, is permitted to be present during
the criminal sessions of the grand jury except the members and witnesses
actually under examination. Members of the grand jury who have been excused
pursuant to Section 939.5 shall not be present during any part of these
proceedings. No persons other than grand jurors shall be permitted to be
present during the expression of the opinions of the grand jurors, or the
giving of their votes, on any criminal or civil matter before them.
939.1. The grand jury acting
through its foreman and the attorney general or the district attorney
may make a joint written request for public sessions of the grand jury.
The request shall be filed with the superior court. If the court, or the
judge thereof, finds that the subject matter of the investigation affects
the general public welfare, involving the alleged corruption, misfeasance,
or malfeasance in office or dereliction of duty of public officials or
employees or of any person allegedly acting in conjunction or conspiracy
with such officials or employees in such alleged acts, the court or judge
may make an order directing the grand jury to conduct its investigation
in a session or sessions open to the public. The order shall state the
finding of the court. The grand jury shall comply with the order. The
conduct of such investigation and the examination of witnesses shall be
by the members of the grand jury and the district attorney.
The deliberation of the grand jury and its voting
upon such investigation shall be in private session. The grand jury may
find indictments based wholly or partially upon the evidence introduced
at such public session.
939.11. Any member of the grand
jury who has a hearing, sight, or speech disability may request an interpreter
when his or her services are necessary to assist the juror to carry out
his or her duties. The request shall be filed with the superior court.
If the court, or the judge thereof, finds that an interpreter is necessary,
the court shall make an order to that effect and may require by subpoena
the attendance of any person before the grand jury as interpreter. If the
services of an interpreter are necessary, the court shall instruct the
grand jury and the interpreter that the interpreter is not to participate
in the jury's deliberations in any manner except to facilitate communication
between the disabled juror and the other jurors. The court shall place
the interpreter under oath not to disclose any grand jury matters, including
the testimony of any witness, statements of any grand juror, or the vote
of any grand juror, except in the due course of judicial proceedings.
939.2. A subpoena requiring the
attendance of a witness before the grand jury may be signed and issued
by the district attorney, his investigator or, upon request of the grand
jury, by any judge of the superior court, for witnesses in the state, in
support of the prosecution, for those witnesses whose testimony, in his
opinion is material in an investigation before the grand jury, and for
such other witnesses as the grand jury, upon an investigation pending before
them, may direct.
939.21. (a) Any prosecution witness
before the grand jury in a proceeding involving a violation of Section
243.4, 261, 273a, 273d, 285, 286, 288, 288a, 288.5, or 289, subdivision
1 of Section 314, Section 647.6, or former Section 647a, who is a minor,
may, at the discretion of the prosecution, select a person of his or her
own choice to attend the testimony of the prosecution witness for the purpose
of providing support. The person chosen shall not be a witness in the same
proceeding, or a person described in Section 1070 of the Evidence Code.
(b) The grand jury foreman shall inform any person permitted
to attend the grand jury proceedings pursuant to this section that grand
jury proceedings are confidential and may not be discussed with anyone
not in attendance at the proceedings. The foreman also shall admonish that
person not to prompt, sway, or influence the witness in any way. Nothing
in this section shall preclude the presiding judge from exercising his
or her discretion to remove a person from the grand jury proceeding whom
the judge believes is prompting, swaying, or influencing the witness.
939.3. In any investigation or
proceeding before a grand jury for any felony offense when a person refuses
to answer a question or produce evidence of any other kind on the ground
that he may be incriminated thereby, proceedings may be had under Section
1324.
939.4. The foreman may administer
an oath to any witness appearing before the grand jury.
939.5. Before considering a charge
against any person, the foreman of the grand jury shall state to those
present the matter to be considered and the person to be charged with an
offense in connection therewith. He shall direct any member of the grand
jury who has a state of mind in reference to the case or to either party
which will prevent him from acting impartially and without prejudice to
the substantial rights of the party to retire. Any violation of this section
by the foreman or any member of the grand jury is punishable by the court
as a contempt.
939.6. (a) Subject to subdivision
(b), in the investigation of a charge, the grand jury shall receive no
other evidence than what is:
(1) Given by witnesses produced and sworn before
the grand jury; (2) Furnished by writings, material objects, or other things
presented to the senses; or (3) Contained in a deposition that is admissible
under subdivision 3 of Section 686. (b) Except as provided in subdivision
(c), the grand jury shall not receive any evidence except that which would
be admissible over objection at the trial of a criminal action, but the
fact that evidence that would have been excluded at trial was received
by the grand jury does not render the indictment void where sufficient
competent evidence to support the indictment was received by the grand
jury. (c) Notwithstanding Section 1200 of the Evidence Code, as to the
evidence relating to the foundation for admissibility into evidence of
documents, exhibits, records, and other items of physical evidence, the
evidence to support the indictment may be based in whole or in part upon
the sworn testimony of a law enforcement officer relating the statement
of a declarant made out of court and offered for the truth of the matter
asserted. Any law enforcement officer testifying as to a hearsay statement
pursuant to this subdivision shall have either five years of law enforcement
experience or have completed a training course certified by the Commission
on Peace Officer Standards and Training that includes training in the investigation
and reporting of cases and testifying at preliminary hearings.
939.7. The grand jury is not
required to hear evidence for the defendant, but it shall weigh all the
evidence submitted to it, and when it has reason to believe that other
evidence within its reach will explain away the charge, it shall order
the evidence to be produced, and for that purpose may require the district
attorney to issue process for the witnesses.
939.71. (a) If the prosecutor
is aware of exculpatory evidence, the prosecutor shall inform the grand
jury of its nature and existence. Once the prosecutor has informed the
grand jury of exculpatory evidence pursuant to this section, the prosecutor
shall inform the grand jury of its duties under Section 939.7. If a failure
to comply with the provisions of this section results in substantial prejudice,
it shall be grounds for dismissal of the portion of the indictment related
to that evidence. (b) It is the intent of the Legislature by enacting this
section to codify the holding in Johnson v. Superior Court, 15 Cal. 3d
248, and to affirm the duties of the grand jury pursuant to Section 939.7.
939.8. The grand jury shall find
an indictment when all the evidence before it, taken together, if unexplained
or uncontradicted, would, in its judgment, warrant a conviction by a trial
jury.
939.9. A grand jury shall make
no report, declaration, or recommendation on any matter except on the basis
of its own investigation of the matter made by such grand jury. A grand
jury shall not adopt as its own the recommendation of another grand jury
unless the grand jury adopting such recommendation does so after its own
investigation of the matter as to which the recommendation is made, as
required by this section.
939.91. (a) A grand jury which
investigates a charge against a person, and as a result thereof cannot
find an indictment against such person, shall, at the request of such person
and upon the approval of the court which impaneled the grand jury, report
or declare that a charge against such person was investigated and that
the grand jury could not as a result of the evidence presented find an
indictment. The report or declaration shall be issued upon completion of
the investigation of the suspected criminal conduct, or series of related
suspected criminal conduct, and in no event beyond the end of the grand
jury's term.
(b) A grand jury shall, at the request of the person
called and upon the approval of the court which impaneled the grand jury,
report or declare that any person called before the grand jury for a purpose,
other than to investigate a charge against such person, was called only
as a witness to an investigation which did not involve a charge against
such person. The report or declaration shall be issued upon completion
of the investigation of the suspected criminal conduct, or series of related
suspected criminal conduct, and in no event beyond the end of the grand
jury's term.
940. An indictment cannot be
found without concurrence of at least 14 grand jurors in a county in which
the required number of members of the grand jury prescribed by Section
888.2 is 23, at least eight grand jurors in a county in which the required
number of members is 11, and at least 12 grand jurors in all other counties.
When so found it shall be endorsed, "A true bill," and the endorsement
shall be signed by the foreman of the grand jury.
943. When an indictment is found,
the names of the witnesses examined before the Grand Jury, or whose depositions
may have been read before them, must be inserted at the foot of the indictment,
or indorsed thereon, before it is presented to the Court.
944. An indictment, when found
by the grand jury, must be presented by their foreman, in their presence,
to the court, and must be filed with the clerk. No recommendation as to
the dollar amount of bail to be fixed shall be made to any court by any
grand jury.
945. When an indictment is found
against a defendant not in custody, the same proceedings must be had as
are prescribed in Sections 979 to 984, inclusive, against a defendant who
fails to appear for arraignment.
|
CALIFORNIA
PENAL CODE
SECTIONS 888-945
888. A grand jury is
a body of the required number of persons returned from the citizens of
the county before a court of competent jurisdiction, and sworn to inquire
of public offenses committed or triable within the county. Each grand
jury or, if more than one has been duly impaneled pursuant to Sections
904.5 to 904.9, inclusive, one grand jury in each county, shall be charged
and sworn to investigate or inquire into county matters of civil concern,
such as the needs of county officers, including the abolition or creation
of offices for, the purchase, lease, or sale of equipment for, or changes
in the method or system of, performing the duties of the agencies subject
to investigation pursuant to Section 914.1.
888.2. As used in this title
as applied to a grand jury, "required number" means:
(a) Twenty-three in a county
having a population exceeding 4,000,000.
(b) Eleven in a county having a population of 20,000
or less, upon the approval of the board of supervisors.
(c) Nineteen in all other counties.
889. An indictment is an accusation
in writing, presented by the grand jury to a competent court, charging
a person with a public offense.
890. Unless a higher fee or
rate of mileage is otherwise provided by statute or county or city and
county ordinance, the fees for grand jurors are fifteen dollars ($15) a
day for each day's attendance as a grand juror, and the mileage reimbursement
applicable to county employees for each mile actually traveled in attending
court as a grand juror.
890.1. The per diem and mileage
of grand jurors where allowed by law shall be paid by the treasurer of
the county out of the general fund of the county upon warrants drawn by
the county auditor upon the written order of the judge of the superior
court of the county.
891. Every person who, by any
means whatsoever, willfully and knowingly, and without knowledge and consent
of the grand jury, records, or attempts to record, all or part of the proceedings
of any grand jury while it is deliberating or voting, or listens to or
observes, or attempts to listen to or observe, the proceedings of any grand
jury of which he is not a member while such jury is deliberating or voting
is guilty of a misdemeanor. This section is not intended to prohibit the
taking of notes by a grand juror in connection with and solely for the
purpose of assisting him in the performance of his duties as such juror.
892. The grand jury may
proceed against a corporation.
893. (a) A person is competent
to act as a grand juror only if he possesses each of the following qualifications:
(1) He is a citizen of the United States of the age of
18 years or older who shall have been a resident of the state and of the
county or city and county for one year immediately before being selected
and returned.
(2) He is in possession of his natural faculties, of
ordinary intelligence, of sound judgment, and of fair character.
(3) He is possessed of sufficient knowledge of the English
language.
(b) A person is not competent to act as a grand juror
if any of the following apply:
(1) The person is serving as a trial juror in any court
of this state.
(2) The person has been discharged as a grand juror in
any court of this state within one year.
(3) The person has been convicted of malfeasance in office
or any felony or other high crime.
(4) The person is serving as an elected public officer.
894. Sections 204, 218, and 219
of the Code of Civil Procedure specify the exemptions and the excuses which
relieve a person from liability to serve as a grand juror.
895. During the month preceding
the beginning of the fiscal year of the county, the superior court of each
county shall make an order designating the estimated number of grand jurors
that will, in the opinion of the court, be required for the transaction
of the business of the court during the ensuing fiscal year as provided
in Section 905.5.
896. (a) Immediately after an
order is made pursuant to Section 895, the court shall select the grand
jurors required by personal interview for the purpose of ascertaining whether
they possess the qualifications prescribed by subdivision (a) of Section
893. If a person so interviewed, in the opinion of the court, possesses
the necessary qualifications, in order to be listed the person shall sign
a statement declaring that the person will be available for jury service
for the number of hours usually required of a member of the grand jury
in that county.
(b) The selections shall be made of men and women who
are not exempt from serving and who are suitable and competent to serve
as grand jurors pursuant to Sections 893, 898, and 899. The court shall
list the persons so selected and required by the order to serve as grand
jurors during the ensuing fiscal year of the county, or until a new list
of grand jurors is provided, and shall at once place this list in the possession
of the jury commissioner.
898. The list of grand jurors
made in a county having a population in excess of four million shall contain
the number of persons which has been designated by the court in its order.
899. The names for the grand
jury list shall be selected from the different wards, judicial districts,
or supervisorial districts of the respective counties in proportion to
the number of inhabitants therein, as nearly as the same can be estimated
by the persons making the lists. The grand jury list shall be kept separate
and distinct from the trial jury list. In a county of the first class,
the names for such list may be selected from the county at large.
900. On receiving the list of
persons selected by the court, the jury commissioner shall file it in the
jury commissioner's office and have the list, which shall include the name
of the judge who selected each person on the list, published one time in
a newspaper of general circulation, as defined in Section 6000 of the Government
Code, in the county. The jury commissioner shall then do either of the
following:
(a) Write down the names on the list onto separate pieces
of paper of the same size and appearance, fold each piece so as to conceal
the name, and deposit the pieces in a box to be called the "grand
jury box."
(b) Assign a number to each name on the list and place,
in a box to be called the "grand jury box," markers of the same
size, shape, and color, each containing a number which corresponds with
a number on the list.
901. (a) The persons whose names
are so returned shall be known as regular jurors, and shall serve for one
year and until other persons are selected and returned.
(b) If the superior court so decides, the presiding judge
may name up to 10 regular jurors not previously so named, who served on
the previous grand jury and who so consent, to serve for a second year.
(c) The court may also decide to select grand jurors
pursuant to Section 908.2.
902. The names of persons drawn
for grand jurors shall be drawn from the grand jury box by withdrawing
either the pieces of paper placed therein pursuant to subdivision (a) of
Section 900 or the markers placed therein pursuant to subdivision (b) of
Section 900. If, at the end of the fiscal year of the county, there are
the names of persons in the grand jury box who have not been drawn during
the fiscal year to serve and have not served as grand jurors, the names
of such persons may be placed on the list of grand jurors drawn for the
succeeding fiscal year.
903.1. Pursuant to written
rules or instructions adopted by a majority of the judges of the superior
court of the county, the jury commissioner shall furnish the judges of the
court annually a list of persons qualified to serve as grand jurors during
the ensuing fiscal year of the county, or until a new list of jurors is
required. From time to time, a majority of the judges of the superior court
may adopt such rules or instructions as may be necessary for the guidance
of the jury commissioner, who shall at all times be under the supervision
and control of the judges of the court. Any list of jurors prepared pursuant
to this article must, however, meet the requirements of Section 899.
903.2. The jury commissioner
shall diligently inquire and inform himself in respect to the qualifications
of persons resident in his county who may be liable to be summoned for
grand jury duty. He may require any person to answer, under oath to be
administered by him, all such questions as he may address to such person,
touching his name, age, residence, occupation, and qualifications as a
grand juror, and also all questions as to similar matters concerning other
persons of whose qualifications for grand jury duty he has knowledge.
The commissioner and his assistants, referred
to in Sections 69895 and 69896 of the Government Code, shall have power
to administer oaths and shall be allowed actual traveling expenses incurred
in the performance of their duties. Such traveling expenses shall be audited,
allowed, and paid out of the general fund of the county.
903.3. Pursuant to the rules
or instructions adopted by a majority of the judges of the superior court,
the jury commissioner shall return to the judges the list of persons recommended
by him for grand jury duty. The judges of the superior court shall examine
the jury list so returned and from such list a majority of the judges may
select, to serve as grand jurors in the superior court of the county during
the ensuing year or until a new list of jurors is required, such persons
as, in their opinion, should be selected for grand jury duty. The persons
so selected shall, in the opinion of the judges selecting them, be persons
suitable and competent to serve as jurors, as required by law.
903.4. The judges are not required
to select any names from the list returned by the jury commissioner, but
may, if in their judgement the due administration of justice requires,
make all or any selections from among the body of persons in the county
suitable and competent to serve as grand jurors regardless of the list
returned by the jury commissioner.
904. Every superior court, whenever
in its opinion the public interest so requires, shall make and file with
the jury commissioner an order directing a grand jury to be drawn. The
order shall designate the number of grand jurors to be drawn, which may
not be less than 29 nor more than 40 in counties having a population exceeding
four million and not less than 25 nor more than 30 in other counties.
904.4. (a) In any county having
a population of more than 370,000 but less than 400,000 as established
by Section 28020 of the Government Code, the presiding judge of the superior
court, upon application by the district attorney, may order and direct
the drawing and impanelment at any time of one additional grand jury.
(b) The presiding judge may select persons, at random,
from the list of trial jurors in civil and criminal cases and shall examine
them to determine if they are competent to serve as grand jurors. When
a sufficient number of competent persons have been selected, they shall
constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant
to this section may serve for a period of one year from the date of impanelment,
but may be discharged at any time within the one-year period by order of
the presiding judge. In no event shall more than one additional grand jury
be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant
to this section, it may inquire into any matters that are subject to grand
jury inquiry and shall have the sole and exclusive jurisdiction to return
indictments, except for any matters that the regular grand jury is inquiring
into at the time of its impanelment.
(e) If an additional grand jury is also authorized by
another section, the county may impanel the additional grand jury authorized
by this section, or by the other section, but not both.
904.6. (a) In any county or city
and county, the presiding judge of the superior court may order and direct
the impanelment, at any time, of one additional grand jury pursuant to
this section.
(b) The presiding judge shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall examine
them to determine if they are competent to serve as grand jurors. When
a sufficient number of competent persons have been selected, they shall
constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant
to this section may serve for a period of one year from the date of impanelment,
but may be discharged at any time within the one-year period by order of
the presiding judge. In no event shall more than one additional grand jury
be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant
to this section, it may inquire into any matters which are subject to grand
jury inquiry and shall have the sole and exclusive jurisdiction to return
indictments, except for any matters which the regular grand jury is inquiring
into at the time of its impanelment.
(e) It is the intent of the Legislature that all persons
qualified for jury service shall have an equal opportunity to be considered
for service as criminal grand jurors in the county in which they reside,
and that they have an obligation to serve, when summoned for that purpose.
All persons selected for the additional criminal grand jury shall be selected
at random from a source or sources reasonably representative of a cross
section of the population which is eligible for jury service in the county.
905. In all counties there shall
be at least one grand jury drawn and impaneled in each year.
905.5. (a) Except as otherwise
provided in subdivision (b), the grand jury shall be impaneled and serve
during the fiscal year of the county in the manner provided in this chapter.
(b) The board of supervisors of a county may provide that the grand jury
shall be impaneled and serve during the calendar year. The board of supervisors
shall provide for an appropriate transition from fiscal year term to calendar
year term or from calendar year term to fiscal year term for the grand
jury. The provisions of subdivisions (a) and (b) of Section 901 shall not
be deemed a limitation on any appropriate transition provisions as determined
by resolution or ordinance; and, except as otherwise provided in this chapter,
no transition grand jury shall serve more than 18 months.
906. The order shall designate
the time at which the drawing will take place. The names of the grand jurors
shall be drawn, and the list of names certified and summoned, as is provided
for drawing and summoning trial jurors. The names of any persons drawn,
who are not impaneled upon the grand jury, may be again placed in the grand
jury box.
907. Any grand juror summoned,
who willfully and without reasonable excuse fails to attend, may be attached
and compelled to attend and the court may also impose a fine not exceeding
fifty dollars ($50), upon which execution may issue. If the grand juror
was not personally served, the fine shall not be imposed until upon an
order to show cause an opportunity has been offered the grand juror to
be heard.
908. If the required number of
the persons summoned as grand jurors are present and not excused, the required
number shall constitute the grand jury. If more than the required number
of persons are present, the jury commissioner shall write their names on
separate ballots, which the jury commissioner shall fold so that the names
cannot be seen, place them in a box, and draw out the required number of
them. The persons whose names are on the ballots so drawn shall constitute
the grand jury. If less than the required number of persons are present,
the panel may be filled as provided in Section 211 of the Code of Civil
Procedure. If more of the persons summoned to complete a grand jury attend
than are required, the requisite number shall be obtained by writing the
names of those summoned and not excused on ballots, depositing them in
a box, and drawing as provided above.
908.1. When, after the grand
jury consisting of the required number of persons has been impaneled pursuant
to law, the membership is reduced for any reason, vacancies within an existing
grand jury may be filled, so as to maintain the full membership at the
required number of persons, by the jury commissioner, in the presence of
the court, drawing out sufficient names to fill the vacancies from the
grand jury box, pursuant to law, or from a special venire as provided in
Section 211 of the Code of Civil Procedure. A person selected as a grand
juror to fill a vacancy pursuant to this section may not vote as a grand
juror on any matter upon which evidence has been taken by the grand jury
prior to the time of the person's selection.
908.2. (a) Upon the decision
of the superior court pursuant to Section 901 to adopt this method of selecting
grand jurors, when the required number of persons have been impaneled as
the grand jury pursuant to law, the jury commissioner shall write the names
of each person on separate ballots. The jury commissioner shall fold the
ballots so that the names cannot be seen, place them in a box, and draw
out half of the ballots, or in a county where the number of grand jurors
is uneven, one more than half. The persons whose names are on the ballots
so drawn shall serve for 12 months until July 1 of the following year.
The persons whose names are not on the ballots so drawn shall serve for
six months until January 1 of the following year.
(b) Each subsequent year, on January 2 and July 2, a
sufficient number of grand jurors shall be impaneled to replace those whose
service concluded the previous day. Those persons impaneled on January
2 shall serve until January 1 of the following year. Those persons impaneled
on July 2 shall serve until July 1 of the following year. A person may
not serve on the grand jury for more than one year.
(c) The provisions of subdivisions (a) and (b) do not
apply to the selection of grand jurors for an additional grand jury authorized
pursuant to Section 904.6.
909. Before accepting a person
drawn as a grand juror, the court shall be satisfied that such person is
duly qualified to act as such juror. When a person is drawn and found qualified
he shall be accepted unless the court, on the application of the juror
and before he is sworn, excuses him from such service for any of the reasons
prescribed in this title or in Chapter 1 (commencing with Section 190),
Title 3, Part 1 of the Code of Civil Procedure.
910. No challenge shall be made
or allowed to the panel from which the grand jury is drawn, nor to an individual
grand juror, except when made by the court for want of qualification, as
prescribed in Section 909.
911. The following oath shall
be taken by each member of the grand jury: "I do solemnly swear (affirm)
that I will support the Constitution of the United States and of the State
of California, and all laws made pursuant to and in conformity therewith,
will diligently inquire into, and true presentment make, of all public
offenses against the people of this state, committed or triable within
this county, of which the grand jury shall have or can obtain legal evidence.
Further, I will not disclose any evidence brought before the grand jury,
nor anything which I or any other grand juror may say, nor the manner in
which I or any other grand juror may have voted on any matter before the
grand jury. I will keep the charge that will be given to me by the court."
912. From the persons summoned
to serve as grand jurors and appearing, the court shall appoint a foreman.
The court shall also appoint a foreman when the person already appointed
is excused or discharged before the grand jury is dismissed.
913. If a grand jury is not
in existence, the Attorney General may demand the impaneling of a grand
jury by those charged with the duty to do so, and upon such demand by him,
it shall be their duty to do so.
914. (a) When the grand jury
is impaneled and sworn, it shall be charged by the court. In doing so,
the court shall give the grand jurors such information as it deems proper,
or as is required by law, as to their duties, and as to any charges for
public offenses returned to the court or likely to come before the grand
jury.
(b) To assist a grand jury in the performance of its
statutory duties regarding civil matters, the court, in consultation with
the district attorney, the county counsel, and at least one former grand
juror, shall ensure that a grand jury that considers or takes action on
civil matters receives training that addresses, at a minimum, report writing,
interviews, and the scope of the grand jury's responsibility and statutory
authority.
(c) Any costs incurred by the court as a result of this
section shall be absorbed by the court or the county from existing resources.
914.1. When a grand jury is
impaneled, for purposes which include the investigation of, or inquiry
into, county matters of civil concern, the judge of the superior court
of the county, in addition to other matters requiring action, shall call
its attention to the provisions of Chapter 1 (commencing with Section 23000)
of Division 1 of Title 3, and Sections 24054 and 26525 of the Government
Code, and instruct it to ascertain by a careful and diligent investigation
whether such provisions have been complied with, and to note the result
of such investigation in its report. At such time the judge shall also
inform and charge the grand jury especially as to its powers, duties, and
responsibilities under Article 1 (commencing with Section 888) of Chapter
2, and Article 2 (commencing with Section 925), Article 3 (commencing with
Section 934) of this chapter, Article 3 (commencing with Section 3060)
of Chapter 7 of Division 4 of Title 1 of the Government Code, and Section
17006 of the Welfare and Institutions Code.
914.5. The grand jury shall
not spend money or incur obligations in excess of the amount budgeted for
its investigative activities pursuant to this chapter by the county board
of supervisors unless the proposed expenditure is approved in advance by
the presiding judge of the superior court after the board of supervisors
has been advised of the request.
915. When the grand jury has
been impaneled, sworn, and charged, it shall retire to a private room,
except when operating under a finding pursuant to Section 939.1, and inquire
into the offenses and matters of civil concern cognizable by it. On the
completion of the business before the grand jury or expiration of the term
of prescribed service of one or more grand jurors, the court shall discharge
it or the affected individual jurors.
916. Each grand jury shall choose
its officers, except the foreman, and shall determine its rules of proceeding.
Adoption of its rules of procedure and all public actions of the grand
jury, whether concerning criminal or civil matters unless otherwise prescribed
in law, including adoption of final reports, shall be only with the concurrence
of that number of grand jurors necessary to find an indictment pursuant
to Section 940. Rules of procedure shall include guidelines for that grand
jury to ensure that all findings included in its final reports are supported
by documented evidence, including reports of contract auditors or consultants,
official records, or interviews attended by no fewer than two grand jurors
and that all problems identified in a final report are accompanied by suggested
means for their resolution, including financial, when applicable.
916.1. If the foreman of a grand
jury is absent from any meeting or if he is disqualified to act, the grand
jury may select a member of that body to act as foreman pro tempore, who
shall perform the duties, and have all the powers, of the regularly appointed
foreman in his absence or disqualification.
917. The grand jury may inquire
into all public offenses committed or triable within the county and present
them to the court by indictment.
918. If a member of a grand
jury knows, or has reason to believe, that a public offense, triable within
the county, has been committed, he may declare it to his fellow jurors,
who may thereupon investigate it.
919. (a) The grand jury may inquire
into the case of every person imprisoned in the jail of the county on a
criminal charge and not indicted.
(b) The grand jury shall inquire into the condition and
management of the public prisons within the county.
(c) The grand jury shall inquire into the willful or
corrupt misconduct in office of public officers of every description within
the county.
920. The grand jury may investigate
and inquire into all sales and transfers of land, and into the ownership
of land, which, under the state laws, might or should escheat to the State
of California. For this purpose, the grand jury may summon witnesses before
it and examine them and the records. The grand jury shall direct that proper
escheat proceedings be commenced when, in the opinion of the grand jury,
the evidence justifies such proceedings.
921. The grand jury is entitled
to free access, at all reasonable times, to the public prisons, and to
the examination, without charge, of all public records within the county.
922. The powers and duties of
the grand jury in connection with proceedings for the removal of district,
county, or city officers are prescribed in Article 3 (commencing with Section
3060), Chapter 7, Division 4, Title 1, of the Government Code.
923. (a) Whenever the Attorney
General considers that the public interest requires, he or she may, with
or without the concurrence of the district attorney, direct the grand jury
to convene for the investigation and consideration of those matters of
a criminal nature that he or she desires to submit to it. He or she may
take full charge of the presentation of the matters to the grand jury,
issue subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
(b) Whenever the Attorney General considers that the
public interest requires, he or she may, with or without the concurrence
of the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the activities
subject to fine, imprisonment, or asset forfeiture under Section 14107
of the Welfare and Institutions Code. He or she may take full charge of
the presentation of the matters to the grand jury, issue subpoenas, prepare
indictments, and do all other things incident thereto to the same extent
as the district attorney may do. If the evidence presented to the grand
jury shows the commission of an offense or offenses for which jurisdiction
would be in a county other than the county where the grand jury is impaneled,
the Attorney General, with or without the concurrence of the district attorney
in the county with jurisdiction over the offense or offenses, may petition
the court to impanel a special grand jury in that county. Notwithstanding
any other provision of law, upon request of the Attorney General, a grand
jury convened by the Attorney General pursuant to this subdivision may
submit confidential information obtained by that grand jury, including,
but not limited to documents and testimony, to a second grand jury that
has been impaneled at the request of the Attorney General pursuant to this
subdivision in any other county where venue for an offense or offenses
shown by evidence presented to the first grand jury is proper. All confidentiality
provisions governing information, testimony, and evidence presented to
a grand jury shall be applicable except as expressly permitted by this
subdivision. The Attorney General shall inform the grand jury that transmits
confidential information and the grand jury that receives confidential
information of any exculpatory evidence, as required by Section 939.71.
The grand jury that transmits information to another grand jury shall include
the exculpatory evidence disclosed by the Attorney General in the transmission
of the confidential information. The Attorney General shall inform both
the grand jury transmitting the confidential information and the grand
jury receiving that information of their duties under Section 939.7. A
special grand jury convened pursuant to this subdivision shall be in addition
to the other grand juries authorized by this chapter or Chapter 2 (commencing
with Section 893).
(c) Upon certification by the Attorney General, a statement
of the costs directly related to the impanelment and activities of the
grand jury pursuant to subdivision (b) from the presiding judge of the
superior court where the grand jury was impaneled shall be submitted for
state reimbursement of the costs to the county.
924. Every grand juror who willfully
discloses the fact of an information or indictment having been made for
a felony, until the defendant has been arrested, is guilty of a misdemeanor.
924.1. (a) Every grand juror
who, except when required by a court, willfully discloses any evidence
adduced before the grand jury, or anything which he himself or any other
member of the grand jury has said, or in what manner he or she or any other
grand juror has voted on a matter before them, is guilty of a misdemeanor.
(b) Every interpreter for the disabled appointed to assist
a member of the grand jury pursuant to Section 939.11 who, except when
required by a court, willfully discloses any evidence adduced before the
grand jury, or anything which he or she or any member of the grand jury
has said, or in what manner any grand juror has voted on a matter before
them, is guilty of a misdemeanor.
924.2. Each grand juror shall
keep secret whatever he himself or any other grand juror has said, or in
what manner he or any other grand juror has voted on a matter before them.
Any court may require a grand juror to disclose the testimony of a witness
examined before the grand jury, for the purpose of ascertaining whether
it is consistent with that given by the witness before the court, or to
disclose the testimony given before the grand jury by any person, upon
a charge against such person for perjury in giving his testimony or upon
trial therefor.
924.3. A grand juror cannot
be questioned for anything he may say or any vote he may give in the grand
jury relative to a matter legally pending before the jury, except for a
perjury of which he may have been guilty in making an accusation or giving
testimony to his fellow jurors.
924.4. Notwithstanding the provisions
of Sections 924.1 and 924.2, any grand jury or, if the grand jury is no
longer impaneled, the presiding judge of the superior court, may pass on
and provide the succeeding grand jury with any records, information, or
evidence acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or evidence
that relates to a criminal investigation or that could form part or all
of the basis for issuance of an indictment. Transcripts of testimony reported
during any session of the grand jury shall be made available to the succeeding
grand jury upon its request.
924.6. If no indictment is returned,
the court that impaneled the grand jury shall, upon application of either
party, order disclosure of all or part of the testimony of a witness before
the grand jury to a defendant and the prosecutor in connection with any
pending or subsequent criminal prodeeding before any court if the court
finds following an in camera hearing, which shall include the court's review
of the grand jury's testimony, that the testimony is relevant, and appears
to be admissible.
925. The grand jury shall investigate
and report on the operations, accounts, and records of the officers, departments,
or functions of the county including those operations, accounts, and records
of any special legislative district or other district in the county created
pursuant to state law for which the officers of the county are serving
in their ex officio capacity as officers of the districts. The investigations
may be conducted on some selective basis each year, but the grand jury
shall not duplicate any examination of financial statements which has been
performed by or for the board of supervisors pursuant to Section 25250
of the Government Code; this provision shall not be construed to limit
the power of the grand jury to investigate and report on the operations,
accounts, and records of the officers, departments, or functions of the
county. The grand jury may enter into a joint contract with the board of
supervisors to employ the services of an expert as provided for in Section
926.
925a. The grand jury may at any
time examine the books and records of any incorporated city or joint powers
agency located in the county. In addition to any other investigatory powers
granted by this chapter, the grand jury may investigate and report upon
the operations, accounts, and records of the officers, departments, functions,
and the method or system of performing the duties of any such city or joint
powers agency and make such recommendations as it may deem proper and fit.
The grand jury may investigate and report upon the needs of all joint powers
agencies in the county, including the abolition or creation of agencies
and the equipment for, or the method or system of performing the duties
of, the several agencies. It shall cause a copy of any such report to be
transmitted to the governing body of any affected agency. As used in this
section, "joint powers agency" means an agency described in Section
6506 of the Government Code whose jurisdiction encompasses all or part
of a county.
926. (a) If, in the judgment
of the grand jury, the services of one or more experts are necessary for
the purposes of Sections 925, 925a, 928, 933.1, and 933.5 or any of them,
the grand jury may employ one or more experts, at an agreed compensation,
to be first approved by the court. If, in the judgment of the grand jury,
the services of assistants to such experts are required, the grand jury
may employ such assistants, at a compensation to be agreed upon and approved
by the court. Expenditures for the services of experts and assistants for
the purposes of Section 933.5 shall not exceed the sum of thirty thousand
dollars ($30,000) annually, unless such expenditures shall also be approved
by the board of supervisors.
(b) When making an examination of the books, records,
accounts, and documents maintained and processed by the county assessor,
the grand jury, with the consent of the board of supervisors, may employ
expert auditors or appraisers to assist in the examination. Auditors and
appraisers, while performing pursuant to the directive of the grand jury,
shall have access to all records and documents that may be inspected by
the grand jury subject to the same limitations on public disclosure as
apply to the grand jury.
(c) Any contract entered into by a grand jury pursuant
to this section may include services to be performed after the discharge
of the jury, but in no event may a jury contract for services to be performed
later than six months after the end of the fiscal year during which the
jury was impaneled.
(d) Any contract entered into by a grand jury pursuant
to this section shall stipulate that the product of that contract shall
be delivered on or before a time certain to the then-current grand jury
of that county for such use as that jury finds appropriate to its adopted
objectives.
927. A grand jury may, and when
requested by the board of supervisors shall, investigate and report upon
the needs for increase or decrease in salaries of the county-elected officials.
A copy of such report shall be transmitted to the board of supervisors.
928. Every grand jury may investigate
and report upon the needs of all county officers in the county, including
the abolition or creation of offices and the equipment for, or the method
or system of performing the duties of, the several offices. Such investigation
and report shall be conducted selectively each year. The grand jury shall
cause a copy of such report to be transmitted to each member of the board
of supervisors of the county.
929. As to any matter not subject
to privilege, with the approval of the presiding judge of the superior
court or the judge appointed by the presiding judge to supervise the grand
jury, a grand jury may make available to the public part or all of the
evidentiary material, findings, and other information relied upon by, or
presented to, a grand jury for its final report in any civil grand jury
investigation provided that the name of any person, or facts that lead
to the identity of any person who provided information to the grand jury,
shall not be released. Prior to granting approval pursuant to this section,
a judge may require the redaction or masking of any part of the evidentiary
material, findings, or other information to be released to the public including,
but not limited to, the identity of witnesses and any testimony or materials
of a defamatory or libelous nature.
930. If any grand jury shall,
in the report above mentioned, comment upon any person or official who
has not been indicted by such grand jury such comments shall not be deemed
to be privileged.
931. All expenses of the grand
jurors incurred under this article shall be paid by the treasurer of the
county out of the general fund of the county upon warrants drawn by the
county auditor upon the written order of the judge of the superior court
of the county.
932. After investigating the
books and accounts of the various officials of the county, as provided
in the foregoing sections of this article, the grand jury may order the
district attorney of the county to institute suit to recover any money
that, in the judgment of the grand jury, may from any cause be due the
county. The order of the grand jury, certified by the foreman of the grand
jury and filed with the clerk of the superior court of the county, shall
be full authority for the district attorney to institute and maintain any
such suit.
933. (a) Each
grand jury shall submit to the presiding judge of the superior court a
final report of its findings and recommendations that pertain to county
government matters during the fiscal or calendar year. Final reports on
any appropriate subject may be submitted to the presiding judge of the
superior court at any time during the term of service of a grand jury.
A final report may be submitted for comment to responsible officers, agencies,
or departments, including the county board of supervisors, when applicable,
upon finding of the presiding judge that the report is in compliance with
this title. For 45 days after the end of the term, the foreperson and his
or her designees shall, upon reasonable notice, be available to clarify
the recommendations of the report.
(b) One copy of each final report, together with the
responses thereto, found to be in compliance with this title shall be placed
on file with the clerk of the court and remain on file in the office of
the clerk. The clerk shall immediately forward a true copy of the report
and the responses to the State Archivist who shall retain that report and
all responses in perpetuity.
(c) No later than 90 days after the grand jury submits
a final report on the operations of any public agency subject to its reviewing
authority, the governing body of the public agency shall comment to the
presiding judge of the superior court on the findings and recommendations
pertaining to matters under the control of the governing body, and every
elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding
judge of the superior court, with an information copy sent to the board
of supervisors, on the findings and recommendations pertaining to matters
under the control of that county officer or agency head and any agency
or agencies which that officer or agency head supervises or controls. In
any city and county, the mayor shall also comment on the findings and recommendations.
All of these comments and reports shall forthwith be submitted to the presiding
judge of the superior court who impaneled the grand jury. A copy of all
responses to grand jury reports shall be placed on file with the clerk
of the public agency and the office of the county clerk, or the mayor when
applicable, and shall remain on file in those offices. One copy shall be
placed on file with the applicable grand jury final report by, and in the
control of the currently impaneled grand jury, where it shall be maintained
for a minimum of five years.
(d) As used in this section "agency" includes a department.
933.05. (a) For purposes of subdivision
(b) of Section 933, as to each grand jury finding, the responding person
or entity shall indicate one of the following: (1) The respondent agrees
with the finding. (2) The respondent disagrees wholly or partially with
the finding, in which case the response shall specify the portion of the
finding that is disputed and shall include an explanation of the reasons
therefor.
(b) For purposes of subdivision (b) of Section 933, as
to each grand jury recommendation, the responding person or entity shall
report one of the following actions: (1) The recommendation has been implemented,
with a summary regarding the implemented action. (2) The recommendation
has not yet been implemented, but will be implemented in the future, with
a timeframe for implementation. (3) The recommendation requires further
analysis, with an explanation and the scope and parameters of an analysis
or study, and a timeframe for the matter to be prepared for discussion
by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable.
This timeframe shall not exceed six months from the date of publication
of the grand jury report. (4) The recommendation will not be implemented
because it is not warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand
jury addresses budgetary or personnel matters of a county agency or department
headed by an elected officer, both the agency or department head and the
board of supervisors shall respond if requested by the grand jury, but
the response of the board of supervisors shall address only those budgetary
or personnel matters over which it has some decisionmaking authority. The
response of the elected agency or department head shall address all aspects
of the findings or recommendations affecting his or her agency or department.
(d) A grand jury may request a subject person or entity
to come before the grand jury for the purpose of reading and discussing
the findings of the grand jury report that relates to that person or entity
in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet
with the subject of that investigation regarding the investigation, unless
the court, either on its own determination or upon request of the foreperson
of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency
a copy of the portion of the grand jury report relating to that person
or entity two working days prior to its public release and after the approval
of the presiding judge. No officer, agency, department, or governing body
of a public agency shall disclose any contents of the report prior to the
public release of the final report.
933.06. (a) Notwithstanding Sections
916 and 940, in a county having a population of 20,000 or less, a final
report may be adopted and submitted pursuant to Section 933 with the concurrence
of at least 10 grand jurors if all of the following conditions are met:
(1) The grand jury consisting of 19 persons has been impaneled pursuant
to law, and the membership is reduced from 19 to fewer than 12. (2) The
vacancies have not been filled pursuant to Section 908.1 within 30 days
from the time that the clerk of the superior court is given written notice
that the vacancy has occurred. (3) A final report has not been submitted
by the grand jury pursuant to Section 933.
(b) Notwithstanding Section 933, no responsible officers,
agencies, or departments shall be required to comment on a final report
submitted pursuant to this section.
933.1. A grand jury may at any
time examine the books and records of a redevelopment agency, a housing
authority, created pursuant to Division 24 (commencing with Section 33000)
of the Health and Safety Code, or a joint powers agency created pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method or
system of performing the duties of such agency or authority.
933.5. A grand jury may at any
time examine the books and records of any special-purpose assessing or
taxing district located wholly or partly in the county or the local agency
formation commission in the county, and, in addition to any other investigatory
powers granted by this chapter, may investigate and report upon the method
or system of performing the duties of such district or commission.
933.6. A grand jury may at any
time examine the books and records of any nonprofit corporation established
by or operated on behalf of a public entity the books and records of which
it is authorized by law to examine, and, in addition to any other investigatory
powers granted by this chapter, may investigate and report upon the method
or system of performing the duties of such nonprofit corporation.
934. (a) The grand jury may,
at all times, request the advice of the court, or the judge thereof, the
district attorney, the county counsel, or the Attorney General. Unless
advice is requested, the judge of the court, or county counsel as to civil
matters, shall not be present during the sessions of the grand jury.
(b) The Attorney General may grant or deny a request
for advice from the grand jury. If the Attorney General grants a request
for advice from the grand jury, the Attorney General shall fulfill that
request within existing financial and staffing resources.
935. The district attorney of
the county may at all times appear before the grand jury for the purpose
of giving information or advice relative to any matter cognizable by the
grand jury, and may interrogate witnesses before the grand jury whenever
he thinks it necessary. When a charge against or involving the district
attorney, or assistant district attorney, or deputy district attorney,
or anyone employed by or connected with the office of the district attorney,
is being investigated by the grand jury, such district attorney, or assistant
district attorney, or deputy district attorney, or all or anyone or more
of them, shall not be allowed to be present before such grand jury when
such charge is being investigated, in an official capacity but only as
a witness, and he shall only be present while a witness and after his appearance
as such witness shall leave the place where the grand jury is holding its
session.
936. When requested so to do
by the grand jury of any county, the Attorney General may employ special
counsel and special investigators, whose duty it shall be to investigate
and present the evidence in such investigation to such grand jury. The
services of such special counsel and special investigators shall be a county
charge of such county.
936.5. (a) When requested to
do so by the grand jury of any county, the presiding judge of the superior
court may employ special counsel and special investigators, whose duty
it shall be to investigate and present the evidence of the investigation
to the grand jury.
(b) Prior to the appointment, the presiding judge shall
conduct an evidentiary hearing and find that a conflict exists that would
prevent the local district attorney, the county counsel, and the Attorney
General from performing such investigation. Notice of the hearing shall
be given to each of them unless he or she is a subject of the investigation.
The finding of the presiding judge may be appealed by the district attorney,
the county counsel, or the Attorney General. The order shall be stayed
pending the appeal made under this section.
(c) The authority to appoint is contingent upon the certification
by the auditor-comptroller of the county, that the grand jury has funds
appropriated to it sufficient to compensate the special counsel and investigator
for services rendered pursuant to the court order. In the absence of a
certification the court has no authority to appoint. In the event the county
board of supervisors or a member thereof is under investigation, the county
has an obligation to appropriate the necessary funds.
936.7. (a) In a county of the
eighth class, as defined by Sections 28020 and 28029 of the Government
Code, upon a request by the grand jury, the presiding judge of the superior
court may retain, in the name of the county, a special counsel to the grand
jury. The request shall be presented to the presiding judge in camera,
by an affidavit, executed by the foreperson of the grand jury, which specifies
the reason for the request and the nature of the services sought, and which
certifies that the appointment of the special counsel is reasonably necessary
to aid the work of the grand jury. The affidavit shall be confidential
and its contents may not be made public except by order of the presiding
judge upon a showing of good cause. The special counsel shall be selected
by the presiding judge following submission of the name of the nominee
to the board of supervisors for comment. The special counsel shall be retained
under a contract executed by the presiding judge in the name of the county.
The contract shall contain the following terms: (1) The types of legal
services to be rendered to the grand jury; provided, (i) that the special
counsel's duties shall not include any legal advisory, investigative, or
prosecutorial service which by statute is vested within the powers of the
district attorney, and (ii) that the special counsel may not perform any
investigative or prosecutorial service whatsoever except upon advance written
approval by the presiding judge which specifies the number of hours of
these services, the hourly rate therefor, and the subject matter of the
inquiry. (2) The hourly rate of compensation of the special counsel for
legal advisory services delivered, together with a maximum contract amount
payable for all services rendered under the contract during the term thereof,
and all service authorizations issued pursuant thereto. (3) That the contract
may be canceled in advance of the expiration of its term by the presiding
judge pursuant to service upon the special counsel of 10 days' advance
written notice.
(b) The maximum contract amount shall be determined by
the board of supervisors and included in the grand jury's annual operational
budget. The maximum amount shall be subject to increase by the presiding
judge through contract amendment during the term thereof, subject to and
in compliance with the procedure prescribed by Section 914.5. (c) The contract
shall constitute a public record and shall be subject to public inspection
and copying pursuant to the provisions of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1 of the Government Code). However, at the sole discretion of the board
of supervisors, any or all of the following steps may be taken: (1) The
nomination by the presiding judge, and any or all actions by the board
of supervisors in commenting upon the nominee and the comments, may be
made confidential. (2) The deliberations and actions may be undertaken
in meetings from which the public is excluded, and the communication containing
comments may constitute a confidential record which is not subject to public
inspection or copying except at the sole discretion of the board of supervisors.
Moreover, any written authorization by the presiding judge pursuant to
paragraph (1) of subdivision (a) shall constitute a confidential record
which is not subject to public inspection or copying except in connection
with a dispute concerning compensation for services rendered.
937. The grand jury or district
attorney may require by subpoena the attendance of any person before the
grand jury as interpreter. While his services are necessary, such interpreter
may be present at the examination of witnesses before the grand jury. The
compensation for services of such interpreter constitutes a charge against
the county, and shall be fixed by the grand jury.
938. (a) Whenever criminal causes
are being investigated before the grand jury, it shall appoint a competent
stenographic reporter. He shall be sworn and shall report in shorthand
the testimony given in such causes and shall transcribe the shorthand in
all cases where an indictment is returned or accusation presented.
(b) At the request of the grand jury, the reporter shall
also prepare transcripts of any testimony reported during any session of
the immediately preceding grand jury.
938.1. (a) If an indictment has
been found or accusation presented against a defendant, such stenographic
reporter shall certify and deliver to the clerk of the superior court in
the county an original transcription of the reporter's shorthand notes
and a copy thereof and as many additional copies as there are defendants,
other than fictitious defendants, regardless of the number of charges or
fictitious defendants included in the same investigation. The reporter
shall complete the certification and delivery within 10 days after the
indictment has been found or the accusation presented unless the court
for good cause makes an order extending the time. The time shall not be
extended more than 20 days. The clerk shall file the original of the transcript,
deliver a copy of the transcript to the district attorney immediately upon
receipt thereof and deliver a copy of such transcript to each such defendant
or the defendant's attorney. If the copy of the testimony is not served
as provided in this section, the court shall on motion of the defendant
continue the trial to such time as may be necessary to secure to the defendant
receipt of a copy of such testimony 10 days before such trial. If several
criminal charges are investigated against a defendant on one investigation
and thereafter separate indictments are returned or accusations presented
upon said several charges, the delivery to such defendant or the defendant's
attorney of one copy of the transcript of such investigation shall be a
compliance with this section as to all of such indictments or accusations.
(b) The transcript shall not be open to the public until
10 days after its delivery to the defendant or the defendant's attorney.
Thereafter the transcript shall be open to the public unless the court
orders otherwise on its own motion or on motion of a party pending a determination
as to whether all or part of the transcript should be sealed. If the court
determines that there is a reasonable likelihood that making all or any
part of the transcript public may prejudice a defendant's right to a fair
and impartial trial, that part of the transcript shall be sealed until
the defendant's trial has been completed.
938.2. (a) For preparing any
transcript in any case pursuant to subdivision (a) of Section 938.1, the
stenographic reporter shall draw no salary or fees from the county for
preparing such transcript in any case until all such transcripts of testimony
in such case so taken by him are written up and delivered. Before making
the order for payment to the reporter, the judge of the superior court
shall require the reporter to show by affidavit or otherwise that he has
written up and delivered all testimony taken by him, in accordance with
subdivision (a) of Section 938 and Section 938.1.
(b) Before making the order for payment to a reporter
who has prepared transcripts pursuant to subdivision (b) of Section 938,
the judge of the superior court shall require the reporter to show by affidavit
or otherwise that he has written up and delivered all testimony requested
of him in accordance with that sudivision.
938.3. The services of the stenographic
reporter shall constitute a charge against the county, and the stenographic
reporter shall be compensated for reporting and transcribing at the same
rates as prescribed in Sections 69947 to 69954, inclusive, of the Government
Code, to be paid out of the county treasury on a warrant of the county
auditor when ordered by the judge of the superior court.
938.4. The superior court shall
arrange for a suitable meeting room and other support as the court determines
is necessary for the grand jury. Any costs incurred by the court as a result
of this section shall be absorbed by the court or the county from existing
resources.
939. No person other than
those specified in Article 3 (commencing with Section 934), and in Sections
939.1, 939.11, and 939.21, and the officer having custody of a prisoner
witness while the prisoner is testifying, is permitted to be present during
the criminal sessions of the grand jury except the members and witnesses
actually under examination. Members of the grand jury who have been excused
pursuant to Section 939.5 shall not be present during any part of these
proceedings. No persons other than grand jurors shall be permitted to be
present during the expression of the opinions of the grand jurors, or the
giving of their votes, on any criminal or civil matter before them.
939.1. The grand jury acting
through its foreman and the attorney general or the district attorney
may make a joint written request for public sessions of the grand jury.
The request shall be filed with the superior court. If the court, or the
judge thereof, finds that the subject matter of the investigation affects
the general public welfare, involving the alleged corruption, misfeasance,
or malfeasance in office or dereliction of duty of public officials or
employees or of any person allegedly acting in conjunction or conspiracy
with such officials or employees in such alleged acts, the court or judge
may make an order directing the grand jury to conduct its investigation
in a session or sessions open to the public. The order shall state the
finding of the court. The grand jury shall comply with the order. The
conduct of such investigation and the examination of witnesses shall be
by the members of the grand jury and the district attorney.
The deliberation of the grand jury and its voting
upon such investigation shall be in private session. The grand jury may
find indictments based wholly or partially upon the evidence introduced
at such public session.
939.11. Any member of the grand
jury who has a hearing, sight, or speech disability may request an interpreter
when his or her services are necessary to assist the juror to carry out
his or her duties. The request shall be filed with the superior court.
If the court, or the judge thereof, finds that an interpreter is necessary,
the court shall make an order to that effect and may require by subpoena
the attendance of any person before the grand jury as interpreter. If the
services of an interpreter are necessary, the court shall instruct the
grand jury and the interpreter that the interpreter is not to participate
in the jury's deliberations in any manner except to facilitate communication
between the disabled juror and the other jurors. The court shall place
the interpreter under oath not to disclose any grand jury matters, including
the testimony of any witness, statements of any grand juror, or the vote
of any grand juror, except in the due course of judicial proceedings.
939.2. A subpoena requiring the
attendance of a witness before the grand jury may be signed and issued
by the district attorney, his investigator or, upon request of the grand
jury, by any judge of the superior court, for witnesses in the state, in
support of the prosecution, for those witnesses whose testimony, in his
opinion is material in an investigation before the grand jury, and for
such other witnesses as the grand jury, upon an investigation pending before
them, may direct.
939.21. (a) Any prosecution witness
before the grand jury in a proceeding involving a violation of Section
243.4, 261, 273a, 273d, 285, 286, 288, 288a, 288.5, or 289, subdivision
1 of Section 314, Section 647.6, or former Section 647a, who is a minor,
may, at the discretion of the prosecution, select a person of his or her
own choice to attend the testimony of the prosecution witness for the purpose
of providing support. The person chosen shall not be a witness in the same
proceeding, or a person described in Section 1070 of the Evidence Code.
(b) The grand jury foreman shall inform any person permitted
to attend the grand jury proceedings pursuant to this section that grand
jury proceedings are confidential and may not be discussed with anyone
not in attendance at the proceedings. The foreman also shall admonish that
person not to prompt, sway, or influence the witness in any way. Nothing
in this section shall preclude the presiding judge from exercising his
or her discretion to remove a person from the grand jury proceeding whom
the judge believes is prompting, swaying, or influencing the witness.
939.3. In any investigation or
proceeding before a grand jury for any felony offense when a person refuses
to answer a question or produce evidence of any other kind on the ground
that he may be incriminated thereby, proceedings may be had under Section
1324.
939.4. The foreman may administer
an oath to any witness appearing before the grand jury.
939.5. Before considering a charge
against any person, the foreman of the grand jury shall state to those
present the matter to be considered and the person to be charged with an
offense in connection therewith. He shall direct any member of the grand
jury who has a state of mind in reference to the case or to either party
which will prevent him from acting impartially and without prejudice to
the substantial rights of the party to retire. Any violation of this section
by the foreman or any member of the grand jury is punishable by the court
as a contempt.
939.6. (a) Subject to subdivision
(b), in the investigation of a charge, the grand jury shall receive no
other evidence than what is:
(1) Given by witnesses produced and sworn before
the grand jury; (2) Furnished by writings, material objects, or other things
presented to the senses; or (3) Contained in a deposition that is admissible
under subdivision 3 of Section 686. (b) Except as provided in subdivision
(c), the grand jury shall not receive any evidence except that which would
be admissible over objection at the trial of a criminal action, but the
fact that evidence that would have been excluded at trial was received
by the grand jury does not render the indictment void where sufficient
competent evidence to support the indictment was received by the grand
jury. (c) Notwithstanding Section 1200 of the Evidence Code, as to the
evidence relating to the foundation for admissibility into evidence of
documents, exhibits, records, and other items of physical evidence, the
evidence to support the indictment may be based in whole or in part upon
the sworn testimony of a law enforcement officer relating the statement
of a declarant made out of court and offered for the truth of the matter
asserted. Any law enforcement officer testifying as to a hearsay statement
pursuant to this subdivision shall have either five years of law enforcement
experience or have completed a training course certified by the Commission
on Peace Officer Standards and Training that includes training in the investigation
and reporting of cases and testifying at preliminary hearings.
939.7. The grand jury is not
required to hear evidence for the defendant, but it shall weigh all the
evidence submitted to it, and when it has reason to believe that other
evidence within its reach will explain away the charge, it shall order
the evidence to be produced, and for that purpose may require the district
attorney to issue process for the witnesses.
939.71. (a) If the prosecutor
is aware of exculpatory evidence, the prosecutor shall inform the grand
jury of its nature and existence. Once the prosecutor has informed the
grand jury of exculpatory evidence pursuant to this section, the prosecutor
shall inform the grand jury of its duties under Section 939.7. If a failure
to comply with the provisions of this section results in substantial prejudice,
it shall be grounds for dismissal of the portion of the indictment related
to that evidence. (b) It is the intent of the Legislature by enacting this
section to codify the holding in Johnson v. Superior Court, 15 Cal. 3d
248, and to affirm the duties of the grand jury pursuant to Section 939.7.
939.8. The grand jury shall find
an indictment when all the evidence before it, taken together, if unexplained
or uncontradicted, would, in its judgment, warrant a conviction by a trial
jury.
939.9. A grand jury shall make
no report, declaration, or recommendation on any matter except on the basis
of its own investigation of the matter made by such grand jury. A grand
jury shall not adopt as its own the recommendation of another grand jury
unless the grand jury adopting such recommendation does so after its own
investigation of the matter as to which the recommendation is made, as
required by this section.
939.91. (a) A grand jury which
investigates a charge against a person, and as a result thereof cannot
find an indictment against such person, shall, at the request of such person
and upon the approval of the court which impaneled the grand jury, report
or declare that a charge against such person was investigated and that
the grand jury could not as a result of the evidence presented find an
indictment. The report or declaration shall be issued upon completion of
the investigation of the suspected criminal conduct, or series of related
suspected criminal conduct, and in no event beyond the end of the grand
jury's term.
(b) A grand jury shall, at the request of the person
called and upon the approval of the court which impaneled the grand jury,
report or declare that any person called before the grand jury for a purpose,
other than to investigate a charge against such person, was called only
as a witness to an investigation which did not involve a charge against
such person. The report or declaration shall be issued upon completion
of the investigation of the suspected criminal conduct, or series of related
suspected criminal conduct, and in no event beyond the end of the grand
jury's term.
940. An indictment cannot be
found without concurrence of at least 14 grand jurors in a county in which
the required number of members of the grand jury prescribed by Section
888.2 is 23, at least eight grand jurors in a county in which the required
number of members is 11, and at least 12 grand jurors in all other counties.
When so found it shall be endorsed, "A true bill," and the endorsement
shall be signed by the foreman of the grand jury.
943. When an indictment is found,
the names of the witnesses examined before the Grand Jury, or whose depositions
may have been read before them, must be inserted at the foot of the indictment,
or indorsed thereon, before it is presented to the Court.
944. An indictment, when found
by the grand jury, must be presented by their foreman, in their presence,
to the court, and must be filed with the clerk. No recommendation as to
the dollar amount of bail to be fixed shall be made to any court by any
grand jury.
945. When an indictment is found
against a defendant not in custody, the same proceedings must be had as
are prescribed in Sections 979 to 984, inclusive, against a defendant who
fails to appear for arraignment.
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