BILL NUMBER: AB 1763	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 17, 2012

   An act to amend Section 923 of the Penal Code, relating to grand
jury proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1763, as introduced, Davis. Grand jury proceedings: Attorney
General: powers and duties.
   Existing law authorizes the Attorney General to convene the grand
jury to investigate and consider certain criminal matters. The
Attorney General is authorized to take full charge of the
presentation of the matters to the grand jury, issue subpoenas,
prepare indictments, and do all other things incident thereto to the
same extent as the district attorney may do.
   This bill would provide that when the grand jury is convened by
the Attorney General, the Attorney General is required to take full
charge of the presentation of the matters to the grand jury, issue
subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
   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 923 of the Penal Code is amended to read:
   923.  (a) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, direct the grand jury to convene for the
investigation and consideration of those matters of a criminal nature
that he or she desires to submit to it. He or she  may
  shall  take full charge of the presentation of
the matters to the grand jury, issue subpoenas, prepare indictments,
and do all other things incident thereto to the same extent as the
district attorney may do.
   (b) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the
activities subject to fine, imprisonment, or asset forfeiture under
Section 14107 of the Welfare and Institutions Code. He or she may
take full charge of the presentation of the matters to the grand
jury, issue subpoenas, prepare indictments, and do all other things
incident thereto to the same extent as the district attorney may do.
If the evidence presented to the grand jury shows the commission of
an offense or offenses for which jurisdiction would be in a county
other than the county where the grand jury is impaneled, the Attorney
General, with or without the concurrence of the district attorney in
the county with jurisdiction over the offense or offenses, may
petition the court to impanel a special grand jury in that county.
Notwithstanding any other provision of law, upon request of the
Attorney General, a grand jury convened by the Attorney General
pursuant to this subdivision may submit confidential information
obtained by that grand jury, including, but not limited to documents
and testimony, to a second grand jury that has been impaneled at the
request of the Attorney General pursuant to this subdivision in any
other county where venue for an offense or offenses shown by evidence
presented to the first grand jury is proper. All confidentiality
provisions governing information, testimony, and evidence presented
to a grand jury shall be applicable except as expressly permitted by
this subdivision. The Attorney General shall inform the grand jury
that transmits confidential information and the grand jury that
receives confidential information of any exculpatory evidence, as
required by Section 939.71. The grand jury that transmits information
to another grand jury shall include the exculpatory evidence
disclosed by the Attorney General in the transmission of the
confidential information. The Attorney General shall inform both the
grand jury transmitting the confidential information and the grand
jury receiving that information of their duties under Section 939.7.
A special grand jury convened pursuant to this subdivision shall be
in addition to the other grand juries authorized by this chapter or
Chapter 2 (commencing with Section 893).
   (c) Upon certification by the Attorney General, a statement of the
costs directly related to the impanelment and activities of the
grand jury pursuant to subdivision (b) from the presiding judge of
the superior court where the grand jury was impaneled shall be
submitted for state reimbursement of the costs to the county.