Amended in Senate March 28, 2016

Senate Bill No. 1292

Introduced by Senator Stone

February 19, 2016

An act to begin delete amend end delete begin insert amend, repeal, and add end insert Section 933.05 of the Penal Code, relating to grand juries.

LEGISLATIVE COUNSEL’S DIGEST

SB 1292, as amended, Stone. Grand juries: reports.

(1) Existing law sets forth the duties of the grand jury begin insert of each county end insert . 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.

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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.

end delete begin delete

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.

end delete begin insert

This bill would delete the authority of a grand jury to request a subject person or entity to come before it for purposes of reading and discussing the findings of a grand jury report. The bill would instead require a grand jury to conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The bill would authorize the grand jury, with the court’s approval, to provide to the exit interviewee a copy of the draft findings related to that entity and would allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least 5 working days after providing the draft findings to the exit interviewee. The bill would require any draft findings given to the exit interviewee to remain confidential, would prohibit those findings from being distributed to anyone outside the entity prior to or after the release of the final report, and would prohibit the exit interviewee and any board, officer, employee, or agent of the entity from publicly revealing any other information obtained during the exit interview prior to the public release of the report.

end insert

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 begin delete agency for comment end delete begin insert entity end insert a copy of the portion of the grand jury report relating to that person or entity no later than begin delete 10 end delete begin insert 6 working end insert days prior to its public release and after the approval of the presiding judge. The bill would authorize begin delete all written comments of the affected agency to be submitted end delete begin insert the subject person or entity to submit a preliminary response on behalf of the affected entity end insert to the presiding judge of the superior court who impaneled the grand begin delete jury end delete begin insert jury, with a copy of that preliminary response submitted to the grand jury, end insert no later than begin delete 10 end delete begin insert 6 working end insert days after receipt of a copy of the grand jury final report by the affected agency. The bill would require begin delete a copy of all written comments by the affected agency to be placed on file as part of the contents of the applicable end delete begin insert the end insert grand jury begin insert to release, when the final report is publicly released, a copy of any preliminary response that relates to the end insert final report begin delete and included in the public release of the final report. end delete begin insert either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report, as specified. end insert

(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 begin delete agency end delete begin insert entity end insert to meet in closed session to discuss and prepare written comments of the affected begin delete agency end delete begin insert entity end insert to the begin insert confidential draft end insert findings and begin delete factual data contained in an administrative draft end delete begin insert the facts related to those confidential draft findings end insert of the grand jury report begin delete and a grand jury final report end delete submitted begin delete for comment end delete begin insert to the end insert begin insert entity end insert by begin delete a end delete begin insert the end insert grand jury pursuant to the provisions described above. begin insert The bill would also authorize the governing body of an affected entity to meet in closed session to discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to the provisions described above. end insert 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.

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(3) This bill would make its provisions operative beginning July 1, 2017.

end insert begin delete

(3)

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begin insert (4) end insert  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:

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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) 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 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 no later than 10 days prior to its public release
and after the approval of the presiding judge. 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.

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begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 933.05 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

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)  begin delete However, if end delete begin insert If end insert 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) A grand jury may 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.

(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 a copy of
the portion of the grand jury report relating to that person or entity
two working days prior to its public release and after the approval
of the presiding judge. No officer, agency, department, or
governing body of a public agency shall disclose any contents of
the report prior to the public release of the final report.

begin insert

(g) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 933.05 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 933.05. end insert   

(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) 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 shall conduct at least one exit interview
of an official or other responsible representative of each entity to
which recommendations will be directed in a final grand jury
report. The grand jury shall read to, and discuss with, the exit
interviewee the draft findings of the report that relate to that entity
in order to verify the accuracy of the findings.

(2) The grand jury may also discuss with the exit interviewee
the facts in that report that support one or more of those findings.

(3) With the court’s approval, the grand jury may provide to
the exit interviewee a copy of the draft findings related to that
entity and may allow the subject entity to provide written comments
to the grand jury concerning the draft findings within a time to be
determined by the grand jury, but at least five working days after
providing the draft findings to the exit interviewee.

(4) The grand jury shall not reveal to the exit interviewee the
name of any person, or another fact that identifies any person,
who provided information to the grand jury.

(5) Any draft findings given to the exit interviewee shall remain
confidential and shall not be distributed to anyone outside the
entity prior to or after the release of the final report. The exit
interviewee and any board, officer, employee, or agent of the entity
shall not publicly reveal any other information obtained during
the exit interview prior to the public release of the 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 entity a copy of
the portion of the grand jury report relating to that person or entity
no later than six working days prior to its public release and after
the approval of the presiding judge. The subject person or entity
may submit a preliminary response on behalf of the affected entity
to the presiding judge of the superior court who impaneled the
grand jury, with a copy of that preliminary response submitted to
the grand jury, no later than six working days after receipt of a
copy of the grand jury final report by the affected entity. The grand
jury shall, when the final report is publicly released, also release
a copy of any preliminary response that relates to the final report
either by posting the preliminary response on an Internet Web site
or by electronic transmission with the final report. If the grand
jury distributes printed copies of the report, the preliminary
response or a citation to the Internet Web site where the report
and preliminary response, if any, are posted shall be included with
or in the report. A board, officer, employee, agent, department, or
governing body of the entity 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 entity may meet
in closed session to do both of the following:

(A) Discuss and prepare written comments of the affected entity
to the confidential draft findings and the facts related to those
confidential draft findings of the grand jury report submitted to
the entity by the grand jury pursuant to paragraph (3) of
subdivision (d).

(B) Discuss and prepare a written preliminary response to a
grand jury final report submitted to the entity by the 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 law.

(h) This section shall become operative on July 1, 2017.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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.