BILL NUMBER: AB 622	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 16, 2011

   An act to amend Section 939.1 of, and to add Sections 932.5 and
939.22 to, the Penal Code, relating to grand juries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 622, as introduced, Dickinson. Civil grand juries.
   Existing law requires each grand jury to 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, as specified.
   This bill would require a civil grand jury to meet with the chief
executive or department head of an agency subject to its
investigation at least 60 days prior to the issuance of its final
report to discuss the nature of the investigation and to receive the
comments of the chief executive or department head. By requiring
additional duties of local government officials, this bill would
impose a state-mandated local program.
   Existing law provides that a 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, as specified.
   This bill would require that every civil grand jury investigation
be open to the public and the press unless the grand jury
investigation pertains to confidential personnel matters.
   Under existing law, no person is permitted to be present during
the criminal sessions of the grand jury except the members and
witnesses actually under examination, and certain other specified
persons, including, among others, the district attorney, an
interpreter, and the officer having custody of a prisoner witness
while the prisoner is testifying.
   This bill would authorize any witness before a civil grand jury
who is or becomes the subject of a grand jury investigation that may
result in an indictment, or in an accusation for willful or corrupt
misconduct in office, to have counsel present on his or her behalf
while he or she is testifying. The bill also would create in any
witness who is the subject of a grand jury investigation the right to
disclose, in writing, exculpatory evidence to the prosecutor.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 932.5 is added to the Penal Code, to read:
   932.5.  A civil grand jury shall meet with the chief executive or
department head of an agency under investigation to discuss the
nature of the investigation and to receive input from the chief
executive or department head at least 60 days prior to the issuance
of its final report.
  SEC. 2.  Section 939.1 of the Penal Code is amended to read:
   939.1.   (a)    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. 
   (b) Notwithstanding subdivision (a), every civil grand jury
session shall be open to the public and the press unless the grand
jury session pertains to confidential personnel matters. 

   The 
    (c)     The  conduct of  such
  an  investigation and the examination of
witnesses  under a public session pursuant to this section 
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  
attorney. The  grand jury may find indictments based wholly or
partially upon the evidence introduced at such public session. 
    (d) Notwithstanding subdivision (b), no persons other than the
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 civil matter before them. 
  SEC. 3.  Section 939.22 is added to the Penal Code, to read:
   939.22.  (a) Any witness before a civil grand jury who is or
becomes the subject of a grand jury investigation that may result in
an indictment, or in an accusation pursuant to Section 3060 of the
Government Code, may have counsel present on his or her behalf while
he or she is testifying. Any counsel present before the grand jury
pursuant to this subdivision shall comply with all of the following:
   (1) Counsel shall not object to any questions asked of the witness
or otherwise speak to the grand jury, but may advise the witness
during the course of the examination.
   (2) Counsel shall not disclose anything heard in the grand jury
room.
   (3) Counsel, or any law firm representing a witness pursuant to
this subdivision, shall not represent more than one witness in the
same proceeding.
   (b) Subdivision (a) shall not apply if a corporation is the
subject of the investigation and the witness is an employee or
officer of the corporation and the witness is not the subject of the
grand jury investigation.
   (c) Any witness who is the subject of a grand jury investigation
has the right to disclose, in writing, exculpatory evidence,
including the names and addresses of witnesses who possess
exculpatory information, to the prosecutor.
   (d) The prosecuting attorney may make a motion to the presiding
judge for sanctions against counsel who is representing a witness
pursuant to subdivision (a) for any violation of this section and
refer the violation to the State Bar of California.
   (e) Nothing in this section shall be construed to grant a witness
a constitutional right to counsel under the United States or
California Constitutions nor grant any right to discovery for the
subpoenaed witness.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.