BILL NUMBER: AB 622 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011
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 amended, 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 45 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.
Existing law provides that if the court, or the judge, 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, 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.
This bill would instead require every civil grand jury session in
which testimony under oath is given to be open to the public. The
bill would allow the grand jury, acting through its foreman, and the
Attorney General or district attorney to make a joint request for
closed sessions, as specified.
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 who is called to give
testimony under oath before a civil grand jury 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 45 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) Every civil grand jury session in which testimony
under oath is given shall be open to the public.
(b) Notwithstanding subdivision (a), the grand jury acting through
its foreman and the attorney general or the district attorney may
make a joint written request for closed sessions of the grand jury.
The request shall be filed with the superior court. The court or
judge, taking into consideration whether the testimony may involve
confidential personnel matters or other confidential matters, may
make an order directing the grand jury to conduct its investigation
in a session or sessions closed to the public. The order shall state
the finding of the court. The grand jury shall comply with the order.
(c) The conduct of 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 grand
jury may find indictments based wholly or partially upon the evidence
introduced at such public session.
(d) Notwithstanding subdivision (a), the deliberation of the grand
jury and its voting upon an investigation shall be in private
session.
SEC. 3. SEC. 2. Section 939.22 is
added to the Penal Code, to read:
939.22. (a) Any witness who is called to give testimony under
oath before a civil grand jury 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. SEC. 3. 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.