BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 1, 2011
	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 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  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.