BILL NUMBER: AB 1133	CHAPTERED
	BILL TEXT

	CHAPTER  184
	FILED WITH SECRETARY OF STATE  AUGUST 5, 2011
	APPROVED BY GOVERNOR  AUGUST 5, 2011
	PASSED THE SENATE  JULY 1, 2011
	PASSED THE ASSEMBLY  JULY 5, 2011
	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN SENATE  JUNE 10, 2011
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 18, 2011

   An act to add Section 916.2 to the Penal Code, relating to grand
juries.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1133, Silva. Grand jurors: conflict of interest.
   Existing law provides that a person is competent to act as a grand
juror only if he or she possesses specified qualifications. Existing
law specifies the exemptions and excuses which relieve a person from
liability to serve as a grand juror. The jury commissioner is
required to inquire into the qualifications of prospective grand
jurors and return a list of recommended grand jurors to the court. No
challenge shall be made or allowed to the panel from which the grand
jury is drawn, nor to an individual, except when made by the court
for want of qualification, as prescribed.
   This bill would provide that, notwithstanding the above
provisions, a grand juror who is a current employee of, or a former
or retired employee last employed within the prior 3 years by, an
agency within the investigative jurisdiction of the civil grand jury
shall inform the foreperson and court of that fact and shall recuse
himself or herself from participating in any grand jury civil
investigation of that agency, including any discussion or vote
concerning a civil investigation of that agency. The bill would
provide that this provision shall be in addition to any local
policies or rules regarding conflict of interest for grand jurors.


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

  SECTION 1.  Section 916.2 is added to the Penal Code, to read:
   916.2.  (a) Notwithstanding any other provision of law, a grand
juror who is a current employee of, or a former or retired employee
last employed within the prior three years by, an agency within the
investigative jurisdiction of the civil grand jury shall inform the
foreperson and court of that fact and shall recuse himself or herself
from participating in any grand jury civil investigation of that
agency, including any discussion or vote concerning a civil
investigation of that agency.
   (b) This section shall be in addition to any local policies or
rules regarding conflict of interest for grand jurors.