BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 30, 2011
	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 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 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 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
  no  . State-mandated local program:  yes
  no  .


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 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 1.   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) 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.
   (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.