Bill Text: CA SB1168 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Los Angeles: misdemeanor criminal grand jury authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-29 - Set, first hearing. Failed passage in committee. [SB1168 Detail]

Download: California-2009-SB1168-Amended.html

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BILL NUMBER: SB 1168	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 25, 2010
	AMENDED IN SENATE  MAY 6, 2010
	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 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 matters
involving 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
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 and court out of the prosecuting city
attorney's own budget.
   (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.
   (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.
   (4) By imposing new requirements relating to grand juries, which
are county charges, this bill would impose a state-mandated local
program.
   (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 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 only into misdemeanor offenses 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.
  all persons qualified for jury service shall be 
 considered for service as criminal grand jurors in accordance
with existing County of Los Angeles rules, policies, and regulations.

   (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.   923.1.    (a)

    (a)    Nothing in this section shall
change, alter, or modify the process, impanelment, or operation of
any other grand jury authorized by this title. 
    (b)    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 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) 
    (c)  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 and court out of the prosecuting city attorney's own
budget. 
   (c) 
    (d)  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. 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 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. 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.