BILL NUMBER: SB 1292	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Stone

                        FEBRUARY 19, 2016

   An act to amend Section 933.05 of the Penal Code, relating to
grand juries.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1292, as introduced, Stone. Grand juries: reports.
   (1) Existing law sets forth the duties of the grand jury. Existing
law requires the 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. Existing law authorizes a grand jury to request a
subject person or entity to come before the grand jury for the
purpose of reading and discussing the findings of the grand jury
report that relates to that person or entity in order to verify the
accuracy of the findings prior to their release.
   This bill would require a grand jury to request a subject person
or entity to come before the grand jury as described above. The bill
would authorize a grand jury to disclose the factual data used in
making its findings during discussions conducted pursuant to these
provisions.
   This bill would authorize a grand jury to provide to a subject
person or entity for comment an administrative draft of that portion
of the grand jury's report relating to that subject person or entity.
The bill would require an administrative draft provided pursuant to
this provision to include proposed grand jury findings, would
authorize the draft to include the factual data utilized in making
the grand jury's findings, and would prohibit the draft from
including the grand jury's recommendations. Within a time period
determined by the grand jury, but no sooner than 10 days after the
grand jury submits an administrative draft of its report to a subject
person or entity for comment, the bill would authorize the subject
person or entity to file with the grand jury written comments on the
findings and data included in the administrative draft pertaining to
that subject person or entity. The bill would prohibit an officer,
agency, department, or governing body of a public agency from
disclosing any contents of the administrative draft of the report
prior to the public release of the final report.
   Existing law requires a grand jury to provide to the affected
agency a copy of the portion of the grand jury report relating to
that person or entity 2 working days prior to its public release and
after the approval of the presiding judge.
   This bill would instead require a grand jury to provide to the
affected agency for comment a copy of the portion of the grand jury
report relating to that person or entity no later than 10 days prior
to its public release and after the approval of the presiding judge.
The bill would authorize all written comments of the affected agency
to be submitted to the presiding judge of the superior court who
impaneled the grand jury no later than 10 days after receipt of a
copy of the grand jury final report by the affected agency. The bill
would require a copy of all written comments by the affected agency
to be placed on file as part of the contents of the applicable grand
jury final report and included in the public release of the final
report.
   (2) The Ralph M. Brown Act requires, with specified exceptions,
that all meetings of a legislative body of a local agency, as those
terms are defined, be open and public and that all persons be
permitted to attend and participate.
   This bill would authorize the governing body of an affected agency
to meet in closed session to discuss and prepare written comments of
the affected agency to the findings and factual data contained in an
administrative draft of the grand jury report and a grand jury final
report submitted for comment by a grand jury pursuant to the
provisions described above. The bill would require, if a legislative
body of a local agency meets to discuss the final report of the grand
jury at either a regular or special meeting after the public release
of a grand jury final report, the legislative body to do so in a
meeting conducted pursuant to the Ralph M. Brown Act unless exempted
from this requirement by some other provision of law.
   (3) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   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 933.05 of the Penal Code is amended to read:
   933.05.  (a) For purposes of subdivision (b) of Section 933, as to
each grand jury finding, the responding person or entity shall
indicate one of the following:
   (1) The respondent agrees with the finding.
   (2) The respondent disagrees wholly or partially with the finding,
in which case the response shall specify the portion of the finding
that is disputed and shall include an explanation of the reasons
therefor.
   (b) For purposes of subdivision (b) of Section 933, as to each
grand jury recommendation, the responding person or entity shall
report one of the following actions:
   (1) The recommendation has been implemented, with a summary
regarding the implemented action.
   (2) The recommendation has not yet been implemented, but will be
implemented in the future, with a timeframe for implementation.
   (3) The recommendation requires further analysis, with an
explanation and the scope and parameters of an analysis or study, and
a timeframe for the matter to be prepared for discussion by the
officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when
applicable. This timeframe shall not exceed six months from the date
of publication of the grand jury report.
   (4) The recommendation will not be implemented because it is not
warranted or is not reasonable, with an explanation therefor.
   (c)  However, if   If  a finding or
recommendation of the grand jury addresses budgetary or personnel
matters of a county agency or department headed by an elected
officer, both the agency or department head and the board of
supervisors shall respond if requested by the grand jury, but the
response of the board of supervisors shall address only those
budgetary or personnel matters over which it has some decisionmaking
authority. The response of the elected agency or department head
shall address all aspects of the findings or recommendations
affecting his or her agency or department.
   (d)  (1)    A grand jury  may 
 shall  request a subject person or entity to come before
the grand jury for the purpose of reading and discussing the findings
of the grand jury report that relates to that person or entity in
order to verify the accuracy of the findings prior to their release.

   (2) A grand jury may disclose the factual data used in making its
findings during discussions conducted pursuant to paragraph (1).
 
   (3) A grand jury may provide to a subject person or entity for
comment an administrative draft of that portion of the grand jury's
report relating to that subject person or entity. An administrative
draft provided pursuant to this paragraph shall include proposed
grand jury findings, may include the factual data utilized in making
the grand jury's findings, and shall not include the grand jury's
recommendations. Within a time period determined by the grand jury,
but no sooner than 10 days after the grand jury submits an
administrative draft of its report to a subject person or entity for
comment, the subject person or entity may file with the grand jury
written comments on the findings and data included in the
administrative draft pertaining to that subject person or entity. An
officer, agency, department, or governing body of a public agency
shall not disclose any contents of the administrative draft of the
report prior to the public release of the final report. 
   (e) During an investigation, the grand jury shall meet with the
subject of that investigation regarding the investigation, unless the
court, either on its own determination or upon request of the
foreperson of the grand jury, determines that such a meeting would be
detrimental.
   (f) A grand jury shall provide to the affected agency  for
comment  a copy of the portion of the grand jury report relating
to that person or entity  two working   no
later than 10  days prior to its public release and after the
approval of the presiding judge.  No   All
written comments of the affected agency may be submitted to the
presiding judge of the superior court who impaneled the grand jury no
later than 10 days after receipt of a copy of the grand jury final
report by the affected agency. A copy of all written comments by the
affected agency shall be placed on file as part of the contents of
the applicable grand jury final report and included in the public
release of   the final report. An  officer, agency,
department, or governing body of a public agency shall  not 
disclose any contents of the report prior to the public release of
the final report. 
   (g) (1) Notwithstanding any other law, except as provided in
paragraph (2), the governing body of an affected agency may meet in
closed session to discuss and prepare written comments of the
affected agency to both of the following:  
   (A) The findings and factual data contained in an administrative
draft of the grand jury report submitted for comment by a grand jury
pursuant to paragraph (3) of subdivision (d).  
   (B) A grand jury final report submitted for comment by a grand
jury pursuant to subdivision (f).  
   (2) If the legislative body of a local agency meets to discuss the
final report of the grand jury at either a regular or special
meeting after the public release of a grand jury final report, the
legislative body shall do so in a meeting conducted pursuant to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of the Government Code) unless exempted
from this requirement by some other provision of law. 
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 933.05 of the Penal Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
   In order to protect the confidentiality of grand jury
investigations and reports, it is necessary for this act to take
effect.