BILL NUMBER: SB 1168 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2010
INTRODUCED BY Senator Cedillo
FEBRUARY 18, 2010
An act to amend , repeal, and add Sections 937 and
939.2 of, and to add and repeal Sections 904.9 and 923.1
to of , the Penal Code, relating to
grand juries.
LEGISLATIVE COUNSEL'S DIGEST
SB 1168, as amended, Cedillo. Los Angeles: misdemeanor criminal
grand jury authority.
(1) Existing law provides for the impaneling in each county of a
grand jury which is generally charged and sworn to inquire into
public offenses committed or triable within the county and to
investigate or inquire into county matters of civil concern, as
specified. Existing law authorizes the presiding judge in any county
or city and county, or the judge appointed by the presiding judge to
supervise the grand jury, to impanel an additional grand jury upon
the request of the Attorney General or the district attorney or upon
his or her own motion. Existing law authorizes the presiding judge of
the superior court of the County of Los Angeles, or the judge
appointed by the presiding judge to supervise the grand jury, to
impanel up to 2 additional grand juries, in accordance with specified
procedures.
This bill would provide , until January 1, 2014,
that the presiding judge of the superior court, or the judge
appointed by the presiding judge to supervise the grand jury, may,
upon the request of the prosecuting city attorney of any city within
the County of Los Angeles having a population in excess of 3,000,000
people, order and direct the impanelment of one additional grand
jury, in accordance with specified procedures, which may inquire
only into any matters involving
misdemeanor offenses environmental, consumer
protection, workplace safety, labor, fraud, or corruption violations
and unfair business practices not under inquiry by the regular
grand jury, and which would have no jurisdiction to return
indictments.
This bill would , until January 1, 2014, authorize the
prosecuting city attorney to direct this grand jury to convene for
the investigation and consideration of those matters involving
misdemeanor offenses environmental, consumer
protection, workplace safety, labor, fraud, or corruption violations
and unfair business practices that he or she desires to submit
to it, and to take full charge of the presentation of the matters to
the grand jury, issue subpoenas, and do all other things incident
thereto to the same extent as the Attorney General or district
attorney may do, except that the prosecuting city attorney may not
prepare indictments. The bill would also provide that a statement of
the costs directly related to the impanelment and activities of the
grand jury from the presiding judge of the superior court where the
grand jury was impaneled that has been certified by the prosecuting
attorney shall be submitted to the prosecuting city attorney for
reimbursement of the costs to the county out of the prosecuting city
attorney's own budget.
(3)
(2) Existing law provides that the grand jury or
district attorney may require by subpoena the attendance of any
person before the grand jury as interpreter, as specified, and the
compensation for the interpreter's services constitutes a charge
against the county.
This bill would , until January 1, 2014, provide that
the prosecuting city attorney of any city within the County of Los
Angeles having a population in excess of 3,000,000 people may also
require the services of an interpreter and in that case the
compensation for the interpreter's services constitutes a charge
against the city.
(4)
(3) Existing law provides that a subpoena requiring the
attendance of a witness before the grand jury may be signed and
issued by the district attorney, the district attorney's
investigator, or, upon request of the grand jury, by any judge of the
superior court, for witnesses in the state in support of the
prosecution, for those witnesses whose testimony in the judge's
opinion is material in an investigation before the grand jury, and
for any other witnesses as the grand jury, upon an investigation
pending before them may direct.
This bill would , until January 1, 2014, provide that a
subpoena requiring the attendance of a witness before the grand jury
may also be signed and issued by the prosecuting city attorney of
any city within the County of Los Angeles having a population in
excess of 3,000,000 people, or by an investigator of a district
attorney or prosecuting city attorney, as applicable.
(5)
(4) By imposing new requirements relating to grand
juries, which are county charges, this bill would impose a
state-mandated local program.
The
(5) The California Constitution
requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 904.9 is added to the Penal Code, to read:
904.9. (a) Notwithstanding subdivision (a) of Section 904.6,
Section 904.8, or any other provision, in the County of Los Angeles,
the presiding judge of the superior court, or the judge appointed by
the presiding judge to supervise the grand jury, may, upon the
request of the prosecuting city attorney of any city within the
county County of Los Angeles having a
population in excess of 3,000,000 people, order and direct the
impanelment of one additional grand jury pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding
judge to supervise the grand jury shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall
examine them to determine if they are competent to serve as grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute an additional grand jury.
(c) Any additional grand jury that is impaneled pursuant to this
section may serve for a period of one year from the date of
impanelment, but may be discharged at any time within the one-year
period by order of the presiding judge or the judge appointed by the
presiding judge to supervise the grand jury. In no event shall more
than one additional grand jury be impaneled pursuant to this section
at one time.
(d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters involving
only into misdemeanor offenses , but
involving environmental, consumer protection,
workplace safety, labor, fraud, or corruption violations and unfair
business practices. This additional grand jury is not
authorized to inquire into any matters that the regular grand jury is
inquiring into at the time of its impanelment and has no
jurisdiction to return indictments.
(e) It is the intent of the Legislature that, in the County of Los
Angeles, all persons qualified for jury service shall have an equal
opportunity to be considered for service as criminal grand jurors
within the county, and that they have an obligation to serve, when
summoned for that purpose. All persons selected for an additional
criminal grand jury shall be selected at random from a source or
sources reasonably representative of a cross section of the
population that is eligible for jury service in the county.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 923.1 is added to the Penal Code, to read:
923.1. (a) Whenever the prosecuting city attorney of any city
within the County of Los Angeles having a population in excess of
3,000,000 people considers that the public interest requires, he or
she may direct the grand jury impaneled pursuant to Section 904.9 to
convene for the investigation and consideration of those matters
involving misdemeanor offenses for which
grand jury investigation and consideration is authorized in
subdivision (d) of Section 904.9 that he or she desires to
submit to it. He or she may take full charge of the presentation of
the matters to the grand jury, issue subpoenas, and do all other
things incident thereto to the same extent as the Attorney General or
district attorney may do, except that the prosecuting attorney may
not prepare indictments.
(b) Upon certification by the prosecuting city attorney of any
city within the County of Los Angeles having a population in excess
of 3,000,000 people, a statement of the costs directly related to the
impanelment and activities of the grand jury pursuant to subdivision
(a) or Section 904.9 from the presiding judge of the superior court
where the grand jury was impaneled shall be submitted to the
prosecuting city attorney for reimbursement of the costs to the
county out of the prosecuting city attorney's own budget.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 937 of the Penal Code is amended to read:
937. (a) The grand jury, district attorney,
or prosecuting city attorney of any city within the County of Los
Angeles having a population in excess of 3,000,000 people may require
by subpoena the attendance of any person before the grand jury as
interpreter. While his or her services are necessary, the interpreter
may be present at the examination of witnesses before the grand
jury. The compensation for services of the interpreter constitutes a
charge against the city in any case of the prosecuting city attorney,
or against the county in all other cases, and shall be fixed by the
grand jury.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 4. Section 937 is added to the
Penal Code , to read:
937. (a) The grand jury or district attorney may require by
subpoena the attendance of any person before the grand jury as
interpreter. While his or her services are necessary, this
interpreter may be present at the examination of witnesses before the
grand jury. The compensation for services of the interpreter
constitutes a charge against the county, and shall be fixed by the
grand jury.
(b) This section shall become operative on January 1, 2014.
SEC. 4. SEC. 5. Section 939.2 of the
Penal Code is amended to read:
939.2. (a) A subpoena requiring the
attendance of a witness before the grand jury may be signed and
issued by the district attorney, the district attorney's
investigator, the prosecuting city attorney of any city within the
County of Los Angeles having a population in excess of 3,000,000
people, the prosecuting city attorney's investigator, or, upon
request of the grand jury, by any judge of the superior court, for
witnesses in the state, in support of the prosecution, for those
witnesses whose testimony, in the judge's opinion is material in an
investigation before the grand jury, and for any other witnesses as
the grand jury, upon an investigation pending before them
it , may direct.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 6. Section 939.2 is added to the
Penal Code , to read:
939.2. (a) A subpoena requiring the attendance of a witness
before the grand jury may be signed and issued by the district
attorney, his or her investigator or, upon request of the grand jury,
by any judge of the superior court, for witnesses in the state, in
support of the prosecution, for those witnesses whose testimony, in
his or her opinion is material in an investigation before the grand
jury, and for other witnesses as the grand jury, upon an
investigation pending before it, may direct.
(b) This section shall become operative on January 1, 2014.
SEC. 5. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because this act provides for offsetting
savings to local agencies or school districts that result in no net
costs to the local agencies or school districts, within the meaning
of Section 17556 of the Government Code.