BILL NUMBER: SB 1474	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 13, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 11, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Hancock
   (Coauthors: Senators DeSaulnier, Leno, and Pavley)

                        FEBRUARY 24, 2012

   An act to amend Sections 781 and 923 of the Penal Code, relating
to grand jury proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1474, as amended, Hancock. Grand jury proceedings: Attorney
General: powers and duties.
   Existing law authorizes the Attorney General to convene the grand
jury to investigate and consider certain criminal matters. The
Attorney General is authorized to take full charge of the
presentation of the matters to the grand jury, issue subpoenas,
prepare indictments, and do all other things incident thereto to the
same extent as the district attorney may do. Existing law authorizes
the Attorney General to impanel a special grand jury to investigate,
consider, or issue indictments for specified activities relating to
Medi-Cal fraud.
   This bill also would authorize the Attorney General to convene a
special  statewide  grand jury, as prescribed, for cases
involving fraud or theft that occur in more than one county and were
conducted by a single defendant or multiple defendants acting in
concert.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 781 of the Penal Code is amended to read:
   781.  Except as provided in Section 923, when a public offense is
committed in part in one jurisdictional territory and in part in
another, or the acts or effects thereof constituting or requisite to
the consummation of the offense occur in two or more jurisdictional
territories, the jurisdiction of the offense is in any competent
court within either jurisdictional territory.
  SEC. 2.  Section 923 of the Penal Code is amended to read:
   923.  (a) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, direct the grand jury to convene for the
investigation and consideration of those matters of a criminal nature
that he or she desires to submit to it. He or she may take full
charge of the presentation of the matters to the grand jury, issue
subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
   (b) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the
activities subject to fine, imprisonment, or asset forfeiture under
Section 14107 of the Welfare and Institutions Code. He or she may
take full charge of the presentation of the matters to the grand
jury, issue subpoenas, prepare indictments, and do all other things
incident thereto to the same extent as the district attorney may do.
If the evidence presented to the grand jury shows the commission of
an offense or offenses for which jurisdiction would be in a county
other than the county where the grand jury is impaneled, the Attorney
General, with or without the concurrence of the district attorney in
the county with jurisdiction over the offense or offenses, may
petition the court to impanel a special grand jury in that county.
Notwithstanding any other law, upon request of the Attorney General,
a grand jury convened by the Attorney General pursuant to this
subdivision may submit confidential information obtained by that
grand jury, including, but not limited to, documents and testimony,
to a second grand jury that has been impaneled at the request of the
Attorney General pursuant to this subdivision in any other county
where venue for an offense or offenses shown by evidence presented to
the first grand jury is proper. All confidentiality provisions
governing information, testimony, and evidence presented to a grand
jury shall be applicable, except as expressly permitted by this
subdivision. The Attorney General shall inform the grand jury that
transmits confidential information and the grand jury that receives
confidential information of any exculpatory evidence, as required by
Section 939.71. The grand jury that transmits information to another
grand jury shall include the exculpatory evidence disclosed by the
Attorney General in the transmission of the confidential information.
The Attorney General shall inform both the grand jury transmitting
the confidential information and the grand jury receiving that
information of their duties under Section 939.7. A special grand jury
convened pursuant to this subdivision shall be in addition to the
other grand juries authorized by this chapter or Chapter 2
(commencing with Section 893).
   (c) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, impanel a special  statewide  grand
jury to investigate, consider, or issue indictments in  any 
matters in which there are  multiple   two or
more  activities, in which fraud or theft is a material element,
that have occurred in more than one county and were conducted either
by a single defendant or multiple defendants acting in concert.
   (1) This special  statewide  grand jury may be impaneled
in the Counties of Fresno, Los Angeles, Sacramento, San Diego, or San
Francisco, at the Attorney General's discretion. When impaneling a
special  statewide  grand jury pursuant to this subdivision,
the Attorney General shall use an existing regularly impaneled grand
jury to serve as the special  statewide  grand jury and
make arrangements with the grand jury coordinator in the applicable
county, or with the presiding judge or whoever is charged with
scheduling the grand jury hearings, in order to ensure orderly
coordination and use of the grand jurors' time for both regular grand
jury duties and special  statewide  grand jury duties.
Whenever the Attorney General impanels a special  statewide 
grand jury, the prosecuting attorney representing the Attorney
General shall inform the special  statewide  grand jury at
the outset of the case that the special  statewide  grand
jury is acting as a special  statewide  grand jury with
statewide jurisdiction.
   (2) For special  statewide  grand juries impaneled
pursuant to this subdivision, the Attorney General may issue
subpoenas for documents and witnesses located anywhere in the state
in order to obtain evidence to present to the special  statewide
 grand jury. The special  statewide  grand jury may
hear all evidence in the form of testimony or physical evidence
presented to the special  statewide  grand jury,
irrespective of the location of the witness or physical evidence
prior to subpoena. The special  statewide  grand jury
impaneled pursuant to this subdivision may indict a person or persons
with charges for crimes that occurred in counties other than where
the special  statewide  grand jury is impaneled. The
indictment shall then be submitted to the appropriate court in any of
the counties where any of the charges could otherwise have been
properly brought. The court where the indictment is filed under this
subdivision shall have proper jurisdiction over all counts in the
indictment.
   (3) Notwithstanding Section 944, an indictment found by a special
 state   wide  grand jury and endorsed as a true
bill by the special  statewide  grand jury foreperson, may
be presented to the appropriate court, as set forth in paragraph (2),
solely by the prosecutor and within five court days of the
endorsement of the indictment. For indictments presented to the court
in this manner, the prosecutor shall also file with the court or
court clerk, at the time of presenting the indictment, an affidavit
signed by the special  statewide  grand jury foreperson
attesting that all the jurors who voted on the indictment heard all
of the evidence presented by the prosecutor, and that a proper number
of jurors voted for the indictment pursuant to Section 940. The
Attorney General's office shall be responsible for prosecuting an
indictment produced by the special  statewide  grand jury.
   (4) If a defendant makes a timely and successful challenge to the
Attorney General's right to convene a special  statewide 
grand jury by clearly demonstrating that the charges brought are not
encompassed by this subdivision, the court shall dismiss the
indictment without prejudice to the Attorney General, who may bring
the same or other charges against the defendant at a later date by
way of another special  statewide  grand jury, properly
convened, or a regular grand jury, or by any other procedure
available.
   (5) The provisions of Section 939.71 shall apply to the special
 statewide  grand jury.
   (6) Unless otherwise set forth in this section, a law applying to
a regular grand jury impaneled pursuant to Section 23 of Article I of
the California Constitution shall apply to a special  statewide
 grand jury unless the application of the law to a special 
statewide  grand jury would substantially interfere with the
execution of one or more of the provisions of this section. If there
is substantial interference, the provision governing the special 
statewide  grand jury will govern. 
   (7) A special grand jury convened pursuant to this subdivision
shall be in addition to the other grand juries authorized by this
chapter or Chapter 2 (commencing with Section 893). 
   (d) Upon certification by the Attorney General, a statement of the
costs directly related to the impanelment and activities of the
grand jury pursuant to subdivisions (b) and (c) from the presiding
judge of the superior court where the grand jury was impaneled shall
be submitted for state reimbursement of the costs to the 
county. To be reimbursed, the costs shall be itemized, and be no more
than what would be charged to a regularly impaneled grand jury
convened by the county pursuant to Section 23 of Article I of the
California Constitution, unless an alternative payment arrangement is
agreed upon by the county and the Attorney General.  
county or courts.