Bill Text: CA SB1357 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Removal from office: grand jury accusation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-07-13 - Chaptered by Secretary of State. Chapter 134, Statutes of 2012. [SB1357 Detail]

Download: California-2011-SB1357-Amended.html

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BILL NUMBER: SB 1357	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 8, 2012
	AMENDED IN SENATE  APRIL 23, 2012

INTRODUCED BY   Senator Cannella

                        FEBRUARY 24, 2012

   An act to amend Section 3060 of the Government Code, relating to
public officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1357, as amended, Cannella. Removal from office: grand jury
accusation.
   Existing law provides for the removal of public officers for
willful or corrupt misconduct in office. Existing law provides that
an accusation in writing against any officer of a district, county,
or city for willful or corrupt misconduct in office may be presented
by the grand jury of the county for, or in, which the officer accused
is elected or appointed. Existing law authorizes the impaneling of
an additional grand jury under specified circumstances. Under
existing law, an accusation may not be presented without the
concurrence of a specified number of grand jurors.
   This bill would provide that the grand jury presenting the
accusation against an officer for willful or corrupt misconduct in
office may also  be the additional grand jury impaneled
pursuant to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3060 of the Government Code is amended to read:

   3060.  An accusation in writing against any officer of a district,
county, or city, including any member of the governing board or
personnel commission of a school district or any humane officer, for
willful or corrupt misconduct in office, may be presented by the
grand jury of the county for, or in, which the officer accused is
elected or appointed. The grand jury presenting the accusation may
 also  be the additional grand jury impaneled pursuant to
Section 904.4, 904.6, or 904.8 of the Penal Code. An accusation may
not be presented without the concurrence of at least 12 grand jurors,
or at least 8 grand jurors in a county in which the required number
of members of the grand jury is 11, or at least 14 grand jurors in a
county in which the required number of members of the grand jury is
23.