BILL NUMBER: AB 766	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 21, 2013

   An act to add Section 12532 to the Government Code, relating to
the Attorney General.


	LEGISLATIVE COUNSEL'S DIGEST


   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 or transactional  immunity during the course
of an investigation into the misuse of public funds  , unless
specified findings are made  .  The bill would require the
Attorney General to submit a written copy of the findings to a
presiding judge, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 12532 is added to the Government Code, to read:

   12532.   (a)    The Attorney General may not
offer a promise of use  or transactional  immunity during
the course of an investigation into the misuse of public 
funds.   funds, unless the Attorney General makes all of
the following written findings: 
    (1)     The testimony of the person to whom
the offer is made is needed to obtain a criminal conviction in the
case.  
   (2) The testimony of the person to whom the offer is made is
important to securing that conviction.  
   (3) The person to whom the offer is made will invoke his or her
right against self-incrimination unless immunity is granted. 

   (b) If the criteria described in paragraphs (1) to (3), inclusive,
of subdivision (a) are met, the Attorney General shall submit a
written copy of the findings to the presiding judge of the criminal
court that has jurisdiction over the case, if a criminal complaint
has been filed; or where the grand jury relating to the investigation
has been impaneled or criminal or grand jury proceedings have not
yet commenced, to the presiding judge that would have jurisdiction
over the case subject to investigation.