BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 30, 2011

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 16, 2011

   An act to add  Sections 932.5 and 939.22 to  
Section 932.5 to, and to add and repeal Section 939.22 of,  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   21  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  , unless the meeting would be detrimental to the
investigation, as specified  . By requiring additional duties
of local government officials, this bill would impose a
state-mandated local program.
   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 , until January 1, 2017,  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  , provided, however, that counsel or any law
  firm representing a witness shall not represent more than
one witness in the same proceeding. The bill would impose other
restrictions on counsel in connection with the grand jury
proceedings. The bill would provide that a violation of these
provisions by counsel is a violation of the Rules of Professional
Conduct  .  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   21
 days prior to the issuance of its final report  , unless
the presiding judge or supervising judge, in his or her own
determination or upon request of the foreperson of the grand jury,
determines that the meeting would be detrimental to the investigation
 .
  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  or use  anything heard in
the grand jury room  other than in the representation of the
witness he or she represents  .
   (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.  
   (b) A violation of this section by counsel shall be a violation of
the Rules of Professional Conduct and may be reported to the State
Bar of California.  
   (e) 
    (c)  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. 
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
  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.