AB 766, as amended, Beth Gaines. Attorney General: investigations.
Existing law provides that each officer of the state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys who takes certain actions concerning those moneys is guilty of a felony. Existing law deems it the duty of the Attorney General to see that the laws of the state are adequately enforced.
This bill would prohibit the Attorney General from offering a promise of use begin insertor transactional end insertimmunity during the course of an investigation into the misuse of public fundsbegin insert, unless specified findings are madeend insert.begin insert The bill would require the Attorney General to submit a written copy of the findings to a presiding judge, as specified.end insert
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12532 is added to the Government Code,
2to read:
begin insert(a)end insertbegin insert end insert The Attorney General may not offer a promise of
2use begin insertor transactionalend insert immunity during the course of an investigation
3into the misuse of publicbegin delete funds.end deletebegin insert funds, unless the Attorney General
4makes all of the following written findings:end insert
5begin insert(1)end insertbegin insert end insertbegin insertThe testimony of the person to whom the offer is made is
6needed to obtain a criminal conviction in the case.end insert
7(2) The testimony of the person to whom the offer is made is
8important to securing that conviction.
9(3) The person to whom the offer is made will invoke his or her
10right against self-incrimination unless immunity is granted.
11(b) If the criteria described in paragraphs (1) to (3), inclusive,
12of subdivision (a) are met, the Attorney General shall submit a
13written copy of the
findings to the presiding judge of the criminal
14court that has jurisdiction over the case, if a criminal complaint
15has been filed; or where the grand jury relating to the investigation
16has been impaneled or criminal or grand jury proceedings have
17not yet commenced, to the presiding judge that would have
18jurisdiction over the case subject to investigation.
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