Bill Text: CA SB1292 | 2015-2016 | Regular Session | Amended

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Bill Title: Grand juries: reports.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1292 Detail]

Download: California-2015-SB1292-Amended.html

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BILL NUMBER: SB 1292	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Stone

                        FEBRUARY 19, 2016

   An act to  amend   amend, repeal, and add
 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  of
each county  . 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.

   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.  
   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.  
   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. 
   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  agency for comment   entity  a
copy of the portion of the grand jury report relating to that person
or entity no later than  10   6 working 
days prior to its public release and after the approval of the
presiding judge. The bill would authorize  all written
comments of the affected agency to be submitted   the
subject person or entity to submit a preliminary response on behalf
of the affected entity  to the presiding judge of the superior
court who impaneled the grand  jury   jury, with
a copy of that preliminary response submitted to the grand jury,
 no later than  10   6 working  days
after receipt of a copy of the grand jury final report by the
affected agency. The bill would require  a copy of all
written comments by the affected agency to be placed on file as part
of the contents of the applicable   the  grand jury
 to release, when the final report is publicly released, a copy
of   any preliminary response that relates to the 
final report  and included in the public release of the final
report.   either by posting the preliminary response on
an Internet Web site or by electronic transmission with the final
report, as specified. 
   (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
 agency   entity  to meet in closed session
to discuss and prepare written comments of the affected 
agency   entity  to the  confidential draft
 findings and  factual data contained in an
administrative draft   the facts related to those
confidential draft findings  of the grand jury report 
and a grand jury final report  submitted  for
comment   to the   entity  by  a
  the  grand jury pursuant to the provisions
described above.  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.  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. 
   (3) This bill would make its provisions operative beginning July
1, 2017.  
   (3) 
    (4)  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:
   
  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. 
   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)  However, if   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) 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. 
   (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.

   SEC. 2.    Section 933.05 is added to the  
Penal Code   , 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 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. 
   SEC. 2.   SEC. 3.   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.