BILL NUMBER: SB 401	CHAPTERED  08/04/03

	CHAPTER  195
	FILED WITH SECRETARY OF STATE  AUGUST 4, 2003
	APPROVED BY GOVERNOR  AUGUST 3, 2003
	PASSED THE ASSEMBLY  JULY 17, 2003
	PASSED THE SENATE  MAY 29, 2003

INTRODUCED BY   Senator Florez

                        FEBRUARY 20, 2003

   An act to amend Section 9410 of the Government Code, relating to
legislative committee hearings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 401, Florez.  Legislative investigations.
   Existing law establishes procedures to be followed by the houses
of the Legislature and their respective investigating committees to
compel the appearance and testimony of witnesses, and the production
of documents, in connection with legislative investigations.
   Under existing law, when a witness asserts his or her privilege
against self-incrimination of the Fifth Amendment to the United
States Constitution before a house of the Legislature or an
investigatory committee, the person presiding over the proceeding may
instruct the witness to answer.  If compelled to answer,
notwithstanding an assertion of that privilege, the witness receives
immunity from criminal prosecution, other than for perjury or
contempt, as to any matter touching upon his or her testimony.
   This bill would make various changes to clarify these procedures
by which a witness may be compelled to give testimony or produce
documents or other materials in a legislative proceeding despite an
assertion of the privilege against self-incrimination, and thereby be
granted immunity from criminal prosecution.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9410 of the Government Code is amended to read:

   9410.  (a) If, in response to a question posed, or a command to
produce documents or other materials issued, by the Senate, the
Assembly, or a committee, a witness asserts his or her privilege
against self-incrimination, and the person presiding over the
proceeding directs the witness that, notwithstanding that assertion
of privilege, he or she is required to answer the question or produce
the documents or other materials, the witness may not refuse to
testify or produce the documents or other materials on the basis of
his or her privilege against self-incrimination.  However, if a
witness is compelled to testify or produce documents or other
materials notwithstanding his or her assertion of the privilege
against self-incrimination, as described in this subdivision, both of
the following shall apply:
   (1) The witness may not be held to answer criminally or be subject
criminally to any penalty or forfeiture for any fact or act touching
upon either testimony that he or she was so compelled to provide, or
documents or other materials that he or she was so compelled to
produce.
   (2) Any testimony or documents or other materials that the witness
is so compelled to provide shall not be competent evidence in any
criminal proceeding against the witness except in a prosecution for
perjury or contempt.
   (b)  In the case of a subpoena that requires a witness to produce
documents or other materials but does not require the witness to
personally appear, the witness under subpoena may assert his or her
privilege against self-incrimination only by communicating an
assertion of the privilege to the President pro Tempore of the
Senate, if the subpoena was issued by the Senate, the Speaker of the
Assembly, if the subpoena was issued by the Assembly, or the chair of
the committee, if the subpoena was issued by a committee.  The
Senate, the Assembly, or committee, as the case may be, may compel
the witness to produce the documents or materials notwithstanding the
privilege against self-incrimination as to those documents or other
materials only by (1) issuing a subsequent subpoena calling for the
witness to personally appear, (2) upon that appearance, asking the
witness whether he or she continues to assert the privilege, and, if
so, (3) directing the witness that, notwithstanding that assertion of
privilege, he or she is required to produce the documents or other
materials called for by the subpoena as to which that assertion of
privilege was made.
   (c) Immunity is conferred upon a witness pursuant to this chapter
only if the witness is compelled, as specified by this section, to
testify or produce documents or other materials notwithstanding the
assertion of the constitutional privilege against self-incrimination.