Amended in Senate March 19, 2015

Senate Bill No. 227

Introduced by Senator Mitchell

February 13, 2015

An act to amend begin delete Section 891 end delete begin insert Sections 917 and 919 end insert of the Penal Code, relating to grand juries.

LEGISLATIVE COUNSEL’S DIGEST

SB 227, as amended, Mitchell. Grand begin delete juries. end delete begin insert juries: powers and duties. end insert

begin insert

Existing law authorizes a grand jury to inquire into all public offenses committed or triable within the county in which the grand jury is impaneled, sworn, and charged, and to present them to the court by indictment. Existing law requires a grand jury to inquire into willful or corrupt misconduct in office by a public officer in the county.

end insert begin insert

This bill would prohibit a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a peace officer, as specified, that led to the death of a person being detained or arrested by the peace officer.

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Existing law makes it a crime for a person who, by any means whatsoever, willfully and knowingly, and without knowledge and consent of the grand jury, records, or attempts to record, all or part of the proceedings of any grand jury while it is deliberating or voting, or listens to or observes, or attempts to listen to or observe, the proceedings of any grand jury of which he or she is not a member while that jury is deliberating or voting.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 917 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

917.  

begin insert (a) end insert begin insert   end insert The grand jury may inquire into all public offenses
committed or triable within the county and present them to the
court by indictment.

begin insert

(b) The grand jury shall not inquire into an offense that involves
a shooting or use of excessive force by a peace officer described
in Section 830.1, subdivision (a) of Section 830.2, or Section
830.39, that led to the death of a person being detained or arrested
by the peace officer pursuant to Section 836.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 919 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

919.  

(a) The grand jury may inquire into the case of every
person imprisoned in the jail of the county on a criminal charge
and not indicted.

(b) The grand jury shall inquire into the condition and
management of the public prisons within the county.

(c) The grand jury shall inquire into the willful or corrupt
misconduct in office of public officers of every description within
the county. begin insert This subdivision does not apply to misconduct that
involves a shooting or use of excessive force by a peace officer
described in Section 830.1, subdivision (a) of Section 830.2, or
Section 830.39, that led to the death of a person being detained
or arrested by the peace officer pursuant to Section 836. end insert

begin delete

SECTION 1.  

Section 891 of the Penal Code is amended to
read:

891.  

A person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the grand jury,
records, or attempts to record, all or part of the proceedings of any
grand jury while it is deliberating or voting, or listens to or
observes, or attempts to listen to or observe, the proceedings of
any grand jury of which he or she is not a member while that jury
is deliberating or voting is guilty of a misdemeanor.

This section is not intended to prohibit the taking of notes by a
grand juror in connection with and solely for the purpose of
assisting him or her in the performance of his or her duties as a
juror.

end delete