BILL ANALYSIS Ó
SB 1474
Page 1
Date of Hearing: June 19, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1474 (Hancock) - As Amended: June 13, 2012
SUMMARY : Allows the Attorney General (AG) to convene a
statewide grand jury in cases of theft or fraud where the same
defendant or defendants committed the offense in multiple
counties. Specifically, this bill :
1) Provides that the AG may impanel a statewide grand jury to
investigate, consider, or issue indictments in matters in
which there are multiple activities in which fraud or theft is
a material element, that have occurred in more than one county
buy one or multiple actors. The AG may convene this statewide
grand jury without the consent of the local prosecutor.
2)Specifies that the statewide grand jury may be impaneled in
the Counties of Fresno, Los Angeles, Sacramento, San Diego, or
San Francisco, at the AG's discretion.
3)States that when impaneling a statewide grand jury the AG
shall use an existing regularly impaneled grand jury to serve
as the special grand jury and make arrangements with the grand
jury coordinator on the applicable county, or with the
presiding judge or whoever is charged with scheduling the
grand jury hearings, in order to endure orderly coordination
and use of grand jurors' time for both regular grand jury
duties and special grand jury duties.
4)Provides that whenever the AG impanels a statewide grand jury,
the prosecuting attorney representing the AG shall inform the
statewide grand jury at the outset of the case that they are
acting as a grand jury with statewide jurisdiction.
5)Provides that the AG may issue subpoenas for documents and
witnesses located anywhere in the state in order to obtain
evidence to present to the statewide grand jury. The
statewide grand jury may hear all evidence in the form of
testimony or physical evidence prior to subpoena.
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6)Provides jurisdiction for the statewide grand jury to indict a
person or persons with charges for crimes that occurred in
counties other than where the 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.
7)States that if a defendant makes a timely and successful
challenge to the AG's right to convene a statewide grand jury
by clearly demonstrating that the charges brought are not
encompassed by this bill, the court shall dismiss the
indictment without prejudice to the AG who may bring the same
or other charges against the defendant at a later date by way
of another statewide grand jury, properly convened, or a
regular grand jury, or by any other procedure available.
EXISTING LAW :
1)Provides that one or more grand juries shall be drawn and
summoned at least once a year in each county. ĘCalifornia
Constitution Article I, Section 23.]
2)Provides that in any county, or city and county, the presiding
judge of the superior court, or the judge appointed by the
presiding judge to supervise the grand jury may, upon the
request of the AG or the district attorney, or upon his or her
own motion, order and direct the impanelment of one additional
grand jury. ĘPenal Code Section 904.6(a).]
3)States that in any county having a population of more than
370,000 but less than 400,000, as established by the
Government Code, the presiding judge of the superior court,
upon application by the district attorney, may order and
direct the drawing and impanelment at any time of one
additional grand jury. ĘPenal Code Section 904.4(a).]
4)Provides that the presiding judge may select persons at random
from the list of trial jurors in civil and criminal cases and
shall examine them to determine if they are competent to serve
as grand jurors. When a sufficient number of competent
persons have been selected, they shall constitute the
additional grand jury. ĘPenal Code Section 904.4(b).]
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5)States that in no event shall more than one additional grand
jury be impaneled pursuant to this section at the same time.
ĘPenal Code Section 904.4(b).]
6)Provides that whenever an additional grand jury is impaneled
pursuant to this section, it shall inquire into any matters
that are subject to grand jury inquiry and shall have the sole
and exclusive jurisdiction to return indictments, except for
any matters that the regular grand jury is inquiring into at
the time of its impanelment. ĘPenal Code Section 909.4(d).]
7)States that if an additional grand jury is also authorized by
another section, the county may impanel the additional grand
jury authorized by this section, or by the other section, but
not both. ĘPenal Code Section 904.4(e).]
8)Requires that in all counties there shall be at least one
grand jury drawn and impaneled in each year. ĘPenal Code
Section 905.]
9)Provides that any person summoned as a grand juror, who
willfully and without reasonable excuse fails to attend, may
be attached and compelled to attend and the court may also
impose a fine not exceeding $50. States that if the grand
juror was not personally served, the fine shall not be imposed
until an order to show cause has been offered to the grand
juror to be heard. ĘPenal Code Section 907.]
10)Specifies the procedures to summoning a sufficient number of
grand jurors, and the procedures to be followed if membership
in the grand jury is reduced for any reason by vacancies.
ĘPenal Code Section 908 and 908.1.]
11)Provides that when the grand jury is impaneled and sworn, it
shall be charged by the court and the court shall give the
grand jurors such information as it deems proper, or as is
required by law, as to their duties, and as to any charges for
public offenses returned to the court or likely to come before
the grand jury. ĘPenal Code Section 914(a).]
12)States that, to assist the grand jury in the performance of
its statutory duties regarding civil matters, the court, in
consultation with the district attorney, the county counsel,
and at least one former grand juror, shall ensure that a grand
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jury that considers or takes action on civil matters receives
training that at a minimum addresses, report writing,
interviews, and the scope of the grand jury's responsibility
and statutory authority. ĘPenal Code Section 914(b).]
Provides that any costs incurred by the court shall be
absorbed by the court or the county from existing resources.
13)Provides that the grand jury may inquire into all public
offenses committed or triable within the county and present
them to the court by indictment. (Penal Code Section 917.)
14)States that the grand jury may inquire into the case of every
person imprisoned in the county jail on a criminal charge and
not indicted; that the grand jury shall inquire into the
condition and management of the public prisons within the
county; and, the grand jury shall inquire into the willful or
corrupt misconduct in office of public officers of every
description within the county. ĘPenal Code Section 919(a)(b)
and (c).]
15)Provides that whenever the AG 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. Provides that 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. ĘPenal Code Section 923(a).]
16)States that whenever the AG 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 activities subject to fine,
imprisonment, or asset forfeiture under a specified section of
the Welfare and Institutions Code. Provides that if the
evidence shows the commission of an offense for which
jurisdiction would be in a county other than the county in
which the grand jury is impaneled, the AG, with or without the
concurrence of the district attorney in the county with
jurisdiction over the offense(s), may petition the court to
impanel a grand jury in that county. ĘPenal Code Section
923(b).]
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17)Requires that each grand juror shall keep secret whatever he
or she or any other grand juror has said or in what manner any
grand juror has voted on a matter before them. ĘPenal Code
Section 924.2.]
18)Provides that the grand jury shall investigate and report on
the operations, accounts, and records of the officers,
departments or functions of the county or of any special
legislative district or other district in the county created
pursuant to state law, as specified. Allows the
investigations to be conducted on a selective basis each year,
but states that the grand jury may not duplicate any
examination of financial records that has been performed for
the board of supervisors, as specified. Allows the grand jury
to enter into a joint contract with the board of supervisors
to employ the services of an expert, as specified and approved
by the court. ĘPenal Code Section 925 and 926.]
19)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. ĘPenal Code Section
933(a).]
20)Establishes special procedures for a county with a population
of 20,000 persons or less with respect to the submission of a
final grand jury report by a grand jury with fewer than 12
remaining grand jurors. ĘPenal Code Section 933.06(a).]
21)States that all expenses of the grand jurors shall be paid by
the county treasurer out of the county's general fund. ĘPenal
Code Section 931.]
22)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. Provides that for 45 days
after the end of the term, the foreperson and or her is or
designees shall, upon reasonable notice, be available to
clarify the recommendations of the report. ĘPenal Code
Section 933(a).]
23)States that as used in connection with the term grand jury,
the "required number means 23 in a county having a population
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exceeding four million; 11 in a county having a population of
20,000 or less, on approval of the board of supervisors; and
19 in all other counties. (Penal Code Section 888.2.)
24)Defines a "grand jury" as a body of the required number of
persons returned from the citizens of the county before a
court of competent jurisdiction and sworn to inquire of public
offenses committed or triable in the county. (Penal Code
Section 888.)
25)Provides that each grand jury, or, if more than one has been
duly impaneled as specified, one grand jury in each county
shall be charged and sworn to investigate or inquire into
county matters of civil concern, such as the needs of county
officers or the performing of the duties of the agencies
subject to investigation. (Penal Code Section 888.)
26)Defines an "indictment" as an accusation in writing presented
by the grand jury to a competent court, charging a person with
a public offense. (Penal Code Section 889.)
27)States that all felonies shall be prosecuted by indictment or
information, except as otherwise specified. (Penal Code
Section 737.)
28)Provides that when a defendant has been examined and
committed, it is the duty of the district attorney to file,
within 15 days after the commitment, an information against
the defendant which may charge the defendant with either the
offense or offenses named in the order of commitment or any
offense or offenses shown by the evidence taken before the
magistrate to have been committed. Further states that the
Information shall be in the name of the People of the State of
California and subscribed by the district attorney. (Penal
Code Section 739.)
29)States that if it appears from the examination that a public
offense has been committed and there is sufficient cause to
believe the defendant is guilty, the magistrate shall order
that the defendant be held to answer on the charge(s). ĘPenal
Code Section 872(a).]
30)Provides that whenever the AG considers that the public
interest requires, he or she may, with or without concurrence
of the district attorney, direct the grand jury to convene for
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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. ĘPenal Code Section 923(a).]
31)Provides that whenever the AG considers that he public
interest requires, he or she may, with or without concurrence
of the district attorney, petition the court to impanel a
special grand jury to investigate, consider, or issue
indictments for Medi-Cal fraud and sets forth duties and scope
of such a grand jury. ĘPenal Code Section 923(b).]
32)Provides that upon certification by the AG, a statement of
costs directly related to the impanelment and activities of
the grand jury for the purposes of prosecuting Medi-Cal fraud
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. ĘPenal Code Section 923(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In an effort to
combat widespread financial abuses that have occurred in the
midst of the most severe mortgage crisis in decades, the
Attorney General's Office is engaged in the investigation of
significant financial crimes of statewide scope and impact.
Unfortunately, existing county grand jury authority to
investigate these crimes is ill-suited to the needs of these
cases as crimes of a financial nature often occur in multiple
jurisdictions, and thus are often beyond the scope of
single-county grand juries. Advances in technology, especially
the internet, have also made it much easier for bad actors to
commit theft or fraud across many counties in California. SB
1474 empowers the Attorney General to impanel Statewide Grand
Jury in certain counties to investigate crimes involving theft
or fraud committed across multiple jurisdictions. This will
allow the AG to investigate widespread financial crimes in an
efficient and cost-effective manner not possible under current
law, providing protection for Californians at a time they need
it most."
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2)Statewide Grand Jury for Multiple Jurisdiction Fraud : Under
existing law, the AG may ask a district attorney to convene a
grand jury for the AG to use to bring a case; in cases of
Medi-Cal fraud, the AG may convene a grand jury without the
consent of the district attorney. This bill allows the AG to
convene a grand jury without the consent of the district
attorney in cases of fraud or theft that have occurred in more
one county and are conducted by either a single defendant or
multiple defendants acting in concert. The intent is to allow
the AG to seek an indictment in complex fraud cases where
there is one defendant or group of defendants who defraud
people in various counties, thus making it difficult to
prosecute in one particular county.
a) Location of the Grand Jury : This bill allows the
special grand jury authorized by this bill to be impaneled
in Fresno, Los Angeles, Sacramento, San Diego or San
Francisco Counties at the AG's discretion. There is no
requirement that the county chosen be close to the greatest
number of witnesses, which allows the Attorney General to
take the location of witnesses and the cost and ability to
present those witnesses to the grand jury into
consideration when determining in which county to impanel
the grand jury.
b) Number of Grand Jurors : This bill provides that a grand
jury impaneled under this section shall comply with a
number of existing provisions relating to grand juries,
including Penal Code Section 888.2 which sets forth the
number of grand jurors based on the population in the
county. Since this is a unique grand jury which will be
brought not necessarily in the county where the crime has
been committed but in one of the specified counties, should
this bill specify the number of grand jurors for this type
of grand jury or should the number of grand jurors be based
on the county's population where the grand jury is
impaneled?
c) Evidence before the Grand Jury : A grand jury impaneled
under this bill would have the ability to seek and hear
evidence statewide. This bill also specifically states
that the AG must follow the general rule of submitting any
exculpatory evidence to the grand jury.
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d) Place of Indictment : This bill provides that the
indictment can be submitted to the appropriate court in any
of the counties where the charges would otherwise be
properly brought. The court where the indictment is filed
under this subdivision shall have proper jurisdiction over
all the counts in the indictment. While it may make sense
to join all the counts brought in the indictment in one
county, traditionally there have been concerns when "forum
shopping" is a possibility. Is there a way to allow the AG
to bring all the counts in one county without giving rise
to the possibility of accusations of forum shopping?
e) Costs of the Grand Jury : As with the existing Medi-Cal
grand jury, a statement of costs directly related to the
impanelment and activities of this special grand jury from
the presiding judge of the superior court in the county in
which the jury has been impaneled shall be submitted to the
state for reimbursement. This bill provides specifically
that the costs shall be no more than those which would be
charged to a regularly impaneled grand jury unless and
alternative payment arrangement is agreed upon by the
county and the AG.
3)Additional Fine : This bill provides that a person convicted
of charges brought by a special grand jury shall pay a fine of
$500 which shall be assessed by the court and transmitted to
the AG's Special Grand Jury Fund, which is to be established
in the State Treasury to be used upon appropriation of the
Legislature. Generally, whatever type of fraud or theft a
person or entity will be convicted of will have as a
punishment a fine as well as any jail or prison time.
4)Preliminary Hearings vs. Grand Juries : California has two
procedural methods for determining if probable cause exists
prior to filing felony charges that entitle a defendant to
jury trial. The vast majority of cases proceed by preliminary
hearing. Preliminary hearings afford the accused a public
hearing before a neutral magistrate and defense counsel.
Grand juries are not adversarial in nature, meaning the
defense attorney nor the accused are present, and the hearings
are held in secret. Additionally, when grand juries are
utilized, witnesses are not subject to cross-examination and
evidence presented is not subject to objection on issues of
admissibility.
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a) Preliminary Hearings : The prosecution begins a felony
case either by filing a grand jury indictment in the trial
court or by filing a complaint with a magistrate. ĘCal.
Const., art. I, section 14.] If a complaint is filed, a
preliminary hearing must be held before a magistrate to
endure that there is enough evidence to hold the defendant
to answer in the trial court. (Penal Code Section 872.)
When a grand jury indictment is filed, there is no right to
a preliminary hearing. ĘBowens v. Superior Court (1991) 1
Cal 4th 36.]
At a preliminary hearing, the prosecution must present
sufficient evidence to convince the magistrate that
probable cause exists to believe that a crime has been
committed and that the defendant committed that crime.
(Penal Code Sections 872 and 995.) If the prosecution
shows probable cause, the magistrate will hold the
defendant to answer to the charge in the trial court. The
prosecution must then file an information in the court
within 15 days. ĘPenal Code Sections 739 and 1382(a)(1).]
Due to the fact that the vast majority of felony cases settle
before trial, the preliminary hearing may be the sole
proceeding in the case at which evidence is taken. ĘSan
Jose Mercury News v. Municipal Court (1982) 30 Cal 3d 498,
511.] The original purpose of the hearing was to eliminate
at an early stage changes that could be substantiated, thus
saving the accused the personal and financial hardship of
defending groundless charges and the state the expense of
prosecuting.
Prior to preliminary hearings, defense counsel and
prosecution are entitled to all discovery materials. Both
sides have a clear picture of what the evidence in the case
is, can fairly evaluate the weight of that evidence, and
often settle the matter prior to preliminary hearing.
At a preliminary hearing, the prosecution may present live
witnesses, hearsay from qualified law enforcement
witnesses, or a combination of the two. ĘPenal Code
Section 872(b); Cal. Const., art. I, section 30(b); Whitman
v. Superior Court (1991) 54 Cal 3d 1063.] The preliminary
hearing transcript, like a civil deposition transcript, can
provide a basis for later impeaching a witness at trial if
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the witness testifies inconsistently. ĘEvidence Code
Section 1235; California v. Green (1970) 399 US 149].
Furthermore, the preliminary hearing transcript, because
that transcript is subject to cross-examination, may be
used at trial when a witness is later unavailable.
ĘEvidence Code Sections 240(a)(4) and 1291; California v.
Green, supra.]
At preliminary hearings, the defense may cross-examine
witnesses for purposes of raising affirmative defenses,
negating an element of the offense, or impeaching a
witness. ĘJennings v. Superior Court (1967) 66 C2d 867;
Alford v. Superior Court (1972) 29 Cal App 3d 724.]
Cross-examination for the purpose of discovery is not
allowed. ĘPenal Code Section 866(b).] Similarly, the
presentation of defense evidence is limited to that which,
if believed, is reasonably likely to establish an
affirmative defense; negate an element of a crime charged;
or impeach a prosecution witness or declarant. ĘPenal Code
Section 866(a).]
At a preliminary hearing, defense counsel may move to
suppress illegally seized evidence introduced at the
hearing by making a written notice. A favorable ruling on
a motion to suppress evidence may result in the discharge
of part or all of the complaint. ĘPeople v. Belknap (1974)
41 Cal App 3d.]
b) Grand Juries : A grand jury investigates civil and
criminal matters in proceedings closed to the public. A
civil grand jury investigates the operation, management,
and fiscal affairs of the county and the cities in the
county. A criminal grand jury has constitutional authority
to indict a suspect after finding probable clause that he
or she committed an offense.
Prosecutors present a case before a grand jury in the form of
testimony and other evidence and may answer questions that
members of the grand jury have concerning the law. A grand
jury is not supposed to receive evidence that would be
inadmissible over objection at trial. However, even if the
grand jury hears evidence that would be inadmissible at
trial, the indictment is not void if there is sufficient
competent evidence to support the indictment. ĘPenal Code
Section 939.6(b).] Furthermore, since the defense is not
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involved in the proceedings in any manner, they are not
permitted to see the evidence against the accused. Unlike
preliminary hearings, since defense counsel is not present,
no motions to suppress illegal seized evidence are heard or
ever made and that evidence is submitted to the grand jury
with no knowledge on their part that the evidence was
illegally obtained.
Once the presentation of evidence is completed by the
prosecutor, the grand jury deliberates in secret. A
19-member grand jury brings an indictment when 12 or more
jurors conclude that the evidence presented established
probable cause to believe that the accused committed the
offense. A 23-member grand jury requires the concurrence
of at least 14 jurors; an 11-member grand jury requires the
concurrence of at least eight jurors.
Probable cause is the same standard used by a magistrate at a
preliminary hearing: "whether the evidence would lead a
person of ordinary caution or prudence to believe and
conscientiously entertain a strong suspicion of guilt of
the accused." ĘCumminskey v. Superior Court (1992) 3 C4th
1018, 1027; Penal Code Section 939.8.]
Unlike a preliminary hearing, no notice is given to the
accused prior to the arrest of the now defendant once an
indictment is returned.
5)Grand Juries Were always intended to be Used Sparingly : The
California Constitution was adopted in 1879. At that time,
the Constitution stated in Article I, Section 8: "Offenses
heretofore required to be prosecuted by indictment shall be
prosecuted by information, after examination and commitment by
a Magistrate, or by indictment, with or without such
examination and commitment, as may be prescribed by law. A
Grand Jury shall be drawn and summoned at least one a year in
each county." The term "indictment" refers to a grand jury
indictment and the term "information" refers to a filing
before the court which proceeds by preliminary hearing.
According to a California AG Opinion (1989) Opinion No. 88-703,
"This provision was the subject of considerable debate in the
Ęconstitutional] convention. Those who wanted to abolish the
grand jury and substitute the information system compromised
with those who wanted to retain the grand jury system by
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agreeing to a provision which authorized both systems. The
requirement that a grand jury be drawn once a year in each
county was a part of that compromise." The purpose for
keeping the grand jury and requiring it to be drawn once per
year was to put a check on public officials.
6)Grand Juries Vary from County to County : In California,
counties have implemented widely varying practices with
respect to the use of their grand juries. For example,
according to the County of San Luis Obispo's Web site, "There
is no such thing in California law as a 'civil' grand jury.
California has historically had only 'regular' grand juries
and every county is required by the California Constitution to
have one every year. The regular grand juries have always had
two different functions: criminal and civil.
"One function, the criminal one, is to hear evidence to
determine whether in the grand jury's view it is sufficient to
warrant making an accused stand trial. Typically, the
District Attorney's office decides whom to accuse, on what
charges and what evidence to bring to the attention of the
grand jury. The District Attorney guides and advises the
grand jury during its receipt of the evidence. The grand jury
determines whether or not to issue an indictment.
"As discussed below, this indictment function has fallen into
disuse in some, but not all, counties. In addition to
standard criminal indictment activity, potentially included
within the criminal function is the obligation of every
regular grand jury to investigate 'willful or corrupt
misconduct in office of public officers of every description
within the county . . . . ' Whether or not a grand jury's
indictment function has fallen into disuse, this is a
mandatory obligation and obviously may uncover criminal
activity.
"The other function, the civil one, is to investigate local
government agencies and officials to form a view as to whether
they are acting properly. If a grand jury determines they are
not, it has various options open to it. The most frequently
used option is the presentation of a report outlining the
grand jury's findings and recommendations in the matter. Such
reports are public and frequently attract media attention.
They must be responded to in specific ways by the agencies or
elected officials reported upon. Except where an
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investigation is mandated, the grand jury in its sole
discretion decides whether and what to investigate when
performing its civil function.
"Depending on the nature and severity of any wrongdoing a grand
jury finds in its investigations, it can, in addition to
releasing a report, request the District Attorney to pursue
the matter criminally, issue its own Accusation to start a
court. ĘPC§§901: Standards of Judicial Administration §17(a)
Cal. Const. Art. 1, Sec. 23.3; PC§919(c) Generally;
PC§925-933.6; PC§933.05; and PC§919(b).]" (See
.)
7)California Rules of Court Regarding Selection of Grand Juries
():
a) Selection of regular grand jury : "Definition: 'Regular
grand jury' means a body of citizens of a county selected
by the court to investigate matters of civil concern in the
county, whether or not that body has jurisdiction to return
indictments. "
b) Regular grand jury list : "The list of qualified
candidates prepared by the jury commissioner to be
considered for nomination to the regular grand jury should
be obtained by one or more of the following methods (Subd
(b) amended effective January 1, 2007):
i) "Names of members of the public obtained at random
in the same manner as the list of trial jurors. However,
the names obtained for nomination to the regular grand
jury should be kept separate and distinct from the trial
jury list, consistent with Penal Code section 899.
ii)"Recommendations for grand jurors that encompass a
cross-section of the county's population base, solicited
from a broad representation of community-based
organizations, civic leaders, and superior court judges,
referees, and commissioners.
iii)"Applications from interested citizens solicited
through the media or a mass mailing.
c) Carryover grand jurors : "The court is encouraged to
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consider carryover grand jury selections under Penal Code
section 901(b) to ensure broad-based representation.
d) Nomination of grand jurors : "Judges who nominate
persons for grand jury selection under Penal Code section
903.4 are encouraged to select candidates from the list
returned by the jury commissioner or to otherwise employ a
nomination procedure that will ensure broad-based
representation from the community. (Subd (d) amended
effective January 1, 2007.)"
8)Argument in Support : According to the AG's Office , "Under
existing law, each county in the state must empanel a grand
jury at least once a year. These grand juries have dual
roles. First, the grand jury is a public watchdog, charged
with exposing corruption or negligence with respect to subject
governmental functions. Second, the grand jury is a vehicle
by which a prosecutor can bring a criminal indictment.
"The vast majority of criminal charges in California, however,
are brought not by using the grand jury, but rather by
preliminary hearings in court. This is because most crimes
involve acts of bodily violence or crimes like the simple
theft of tangible property: crimes that can easily be charged
with the testimony of a single officer. In contrast,
preliminary hearings are not as well-suited for financial
crimes to indicting financial crimes due to the short
timelines that attend the preliminary hearing process.
Additionally, for crimes where the fraud victims are all over
the state and where the defendant committed the crime in each
respective victim's county, separate preliminary hearings or
grand juries must be convened in each county, with separate
charges brought therein.
"SB 1714 would remedy this by allowing for the Attorney
General to convene a special grand jury for the investigation
and indictment for financial crimes involving victims in
multiple jurisdictions where under current law charges must be
brought in multiple counties to encompass all victims. This
legislation will provide the Attorney General's Office with an
important tool to fight mortgage fraud."
9)Related Legislation: AB 1763 (Davis) allows the Attorney
General (AG) to convene a statewide grand jury in cases of
theft or fraud where the same defendant or defendants
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committed the offense in multiple counties. AB 1763 is
awaiting a hearing in the Senate Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support :
AFSCME
California Attorney General
California District Attorneys Association
California Nurses Association
California Professional Firefighters
PICO California
Opposition :
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744