BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1763 (Davis) - Grand jury proceedings: Attorney General
powers and duties.
Amended: August 6, 2012 Policy Vote: Public Safety 7-0
Urgency: No Mandate: No
Hearing Date: August 16, 2012
Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: AB 1763 would authorize the Attorney General (AG)
to impanel a special statewide grand jury in specified counties
to investigate, consider, or issue indictments in any matters in
which there are two or more activities, in which fraud or theft
is a material element, that have occurred in more than one
county and were conducted either by a single defendant or
multiple defendants acting in concert.
Fiscal Impact:
Ongoing costs, potentially in excess of $150,000 (General
Fund) for costs to the Department of Justice (DOJ) to
reimburse the county and courts for special statewide grand
jury activities, including jury selection and training, as
well as grand jury reimbursement for per diem and mileage.
Total annual costs would be dependent upon the number,
duration and location of special statewide grand juries
convened.
Potential cost savings to various counties and courts to
the extent fewer grand juries are impaneled in individual
counties for financial crimes than otherwise would have been
impaneled under existing law.
Background: Existing law provides that when a public offense is
committed in part in one jurisdictional territory and in part in
another, or the acts or effects of the offense occur in two or
more jurisdictional territories, the jurisdiction of such
offense is in any competent court within either jurisdictional
territory. This bill provides that the special statewide grand
jury created by this bill is an exception to the stated general
rule regarding jurisdiction when an offense occurs in more than
one county and will allow the AG to convene a special statewide
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grand jury for the investigation and indictment of financial
crimes involving victims in more than one jurisdiction.
Proposed Law: This bill would authorize the AG to convene a
special statewide grand jury, with or without the concurrence of
the district attorney, to investigate, consider, or issue
indictments in cases involving fraud or theft that have occurred
in more than one county and were conducted either by a single or
multiple defendants acting in concert. Specifically, a special
statewide grand jury:
May be impaneled in the counties of Fresno, Los Angeles,
Sacramento, San Diego, or San Francisco at the AG's
discretion. The AG shall use an existing regularly
impaneled criminal grand jury to serve as the special
statewide grand jury within the period of its regular
impanelment and make arrangements with the grand jury
coordinator in the applicable county or other applicable
scheduler of grand jury hearings.
Shall be informed by the prosecuting attorney
representing the AG at the outset of the case that the
grand jury is acting as a special statewide grand jury with
statewide jurisdiction.
May indict persons with charges for crimes that occurred
in counties other than where the special statewide grand
jury is impaneled. The indictment shall then be submitted
to the court in any county in which the charges could
otherwise have been brought.
The AG's office shall be responsible for prosecuting an
indictment produced by the special statewide grand jury.
Unless otherwise stated in the section, a law applying
to a regular grand jury impaneled pursuant to existing law
shall apply to a special statewide grand jury unless the
application of the law would substantially interfere with
the execution of one or more of the provisions of this
measure. If there is substantial interference, the
provision governing the special statewide grand jury will
govern.
This bill provides that upon certification by the AG, a
statement of costs directly related to impanelment and
activities of the grand jury 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 or
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courts.
Related Legislation: SB 1474 (Hancock) 2012 is identical to this
measure. This bill has been referred to the Assembly Committee
on Appropriations.
AB 1854 (Garrick) 2008 would have authorized a second criminal
grand jury for San Diego County. This bill was referred to the
Senate Committee on Public Safety without further action.
SB 796 (Runner) Chapter 82/2007 authorized a second criminal
grand jury for Los Angeles County.
Staff Comments: To the extent a special statewide grand jury is
impaneled, this bill will result in increased costs to the
courts and the DOJ. Costs would be dependent on the number,
duration, and location of special statewide grand juries
impaneled. A special statewide grand jury convened in Los
Angeles County would require 23 grand jurors, while special
statewide grand juries convened in the other specified counties
would require 19 grand jurors. The standard, statutory fee for a
grand juror is $15 per day and mileage reimbursement for travel
to and from the site of the grand jury. For a standard county
grand jury, fees are paid out of the county general fund. This
bill would require the DOJ to provide reimbursement to the
counties and courts for costs related to the activities of the
special statewide grand jury.
Based on a grand jury session of two weeks, special statewide
grand jury costs to the AG could be in excess of $150,000
(General Fund) depending on the number, duration, and venue of
statewide grand juries empaneled annually. In addition to the
daily grand juror fee of $15, estimated costs assume a standard
mileage reimbursement rate of $0.55 per mile and 25 miles per
juror, as well as court reporter fees for witness
transcriptions.
To the extent impaneling a special grand jury would reduce the
need for separate grand juries across multiple jurisdictions,
significant cost savings to individual counties and courts could
result.
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