"u.s.a"california penal code

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GENERAL PROVISIONS


888. A grand jury is a body of the required number of persons
returned from the citizens of the county before a court of competent
jurisdiction, and sworn to inquire of public offenses committed or
triable within the county.
Each grand jury or, if more than one has been duly impaneled
pursuant to Sections 904.5 to 904.9, inclusive, one grand jury in
each county, shall be charged and sworn to investigate or inquire
into county matters of civil concern, such as the needs of county
officers, including the abolition or creation of offices for, the
purchase, lease, or sale of equipment for, or changes in the method
or system of, performing the duties of the agencies subject to
investigation pursuant to Section 914.1.



888.2. As used in this title as applied to a grand jury, "required
number" means:
(a) Twenty-three in a county having a population exceeding
4,000,000.
(b) Eleven in a county having a population of 20,000 or less, upon
the approval of the board of supervisors.
(c) Nineteen in all other counties.


889. An indictment is an accusation in writing, presented by the
grand jury to a competent court, charging a person with a public
offense.


890. Unless a higher fee or rate of mileage is otherwise provided
by statute or county or city and county ordinance, the fees for grand
jurors are fifteen dollars ($15) a day for each day's attendance as
a grand juror, and the mileage reimbursement applicable to county
employees for each mile actually traveled in attending court as a
grand juror.



890.1. The per diem and mileage of grand jurors where allowed by
law shall be paid by the treasurer of the county out of the general
fund of the county upon warrants drawn by the county auditor upon the
written order of the judge of the superior court of the county.



891. Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the grand jury,
records, or attempts to record, all or part of the proceedings of any
grand jury while it is deliberating or voting, or listens to or
observes, or attempts to listen to or observe, the proceedings of any
grand jury of which he is not a member while such jury is
deliberating or voting is guilty of a misdemeanor.
This section is not intended to prohibit the taking of notes by a
grand juror in connection with and solely for the purpose of
assisting him in the performance of his duties as such juror.



892. The grand jury may proceed against a corporation.
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Qualifications of Grand Jurors
893. (a) A person is competent to act as a grand juror only if he
possesses each of the following qualifications:
(1) He is a citizen of the United States of the age of 18 years or
older who shall have been a resident of the state and of the county
or city and county for one year immediately before being selected and
returned.
(2) He is in possession of his natural faculties, of ordinary
intelligence, of sound judgment, and of fair character.
(3) He is possessed of sufficient knowledge of the English
language.
(b) A person is not competent to act as a grand juror if any of
the following apply:
(1) The person is serving as a trial juror in any court of this
state.
(2) The person has been discharged as a grand juror in any court
of this state within one year.
(3) The person has been convicted of malfeasance in office or any
felony or other high crime.
(4) The person is serving as an elected public officer.



894. Sections 204, 218, and 219 of the Code of Civil Procedure
specify the exemptions and the excuses which relieve a person from
liability to serve as a grand juror.
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[align=left]895. During the month preceding the beginning of the fiscal year of
the county, the superior court of each county shall make an order
designating the estimated number of grand jurors that will, in the
opinion of the court, be required for the transaction of the business
of the court during the ensuing fiscal year as provided in Section
905.5.



896. (a) Immediately after an order is made pursuant to Section
895, the court shall select the grand jurors required by personal
interview for the purpose of ascertaining whether they possess the
qualifications prescribed by subdivision (a) of Section 893. If a
person so interviewed, in the opinion of the court, possesses the
necessary qualifications, in order to be listed the person shall sign
a statement declaring that the person will be available for jury
service for the number of hours usually required of a member of the
grand jury in that county.
(b) The selections shall be made of men and women who are not
exempt from serving and who are suitable and competent to serve as
grand jurors pursuant to Sections 893, 898, and 899. The court shall
list the persons so selected and required by the order to serve as
grand jurors during the ensuing fiscal year of the county, or until a
new list of grand jurors is provided, and shall at once place this
list in the possession of the jury commissioner.



898. The list of grand jurors made in a county having a population
in excess of four million shall contain the number of persons which
has been designated by the court in its order.



899. The names for the grand jury list shall be selected from the
different wards, judicial districts, or supervisorial districts of
the respective counties in proportion to the number of inhabitants
therein, as nearly as the same can be estimated by the persons making
the lists. The grand jury list shall be kept separate and distinct
from the trial jury list. In a county of the first class, the names
for such list may be selected from the county at large.



900. On receiving the list of persons selected by the court, the
jury commissioner shall file it in the jury commissioner's office and
have the list, which shall include the name of the judge who
selected each person on the list, published one time in a newspaper
of general circulation, as defined in Section 6000 of the Government
Code, in the county. The jury commissioner shall then do either of
the following:
(a) Write down the names on the list onto separate pieces of paper
of the same size and appearance, fold each piece so as to conceal
the name, and deposit the pieces in a box to be called the "grand
jury box."
(b) Assign a number to each name on the list and place, in a box
to be called the "grand jury box," markers of the same size, shape,
and color, each containing a number which corresponds with a number
on the list.


901. (a) The persons whose names are so returned shall be known as
regular jurors, and shall serve for one year and until other persons
are selected and returned.
(b) If the superior court so decides, the presiding judge may name
up to 10 regular jurors not previously so named, who served on the
previous grand jury and who so consent, to serve for a second year.
(c) The court may also decide to select grand jurors pursuant to
Section 908.2.


902. The names of persons drawn for grand jurors shall be drawn
from the grand jury box by withdrawing either the pieces of paper
placed therein pursuant to subdivision (a) of Section 900 or the
markers placed therein pursuant to subdivision (b) of Section 900.
If, at the end of the fiscal year of the county, there are the names
of persons in the grand jury box who have not been drawn during the
fiscal year to serve and have not served as grand jurors, the names
of such persons may be placed on the list of grand jurors drawn for
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903.1. Pursuant to written rules or instructions adopted by a
majority of the judges of the superior court of the county, the jury
commissioner shall furnish the judges of the court annually a list of
persons qualified to serve as grand jurors during the ensuing fiscal
year of the county, or until a new list of jurors is required. From
time to time, a majority of the judges of the superior court may
adopt such rules or instructions as may be necessary for the guidance
of the jury commissioner, who shall at all times be under the
supervision and control of the judges of the court. Any list of
jurors prepared pursuant to this article must, however, meet the
requirements of Section 899.



903.2. The jury commissioner shall diligently inquire and inform
himself in respect to the qualifications of persons resident in his
county who may be liable to be summoned for grand jury duty. He may
require any person to answer, under oath to be administered by him,
all such questions as he may address to such person, touching his
name, age, residence, occupation, and qualifications as a grand
juror, and also all questions as to similar matters concerning other
persons of whose qualifications for grand jury duty he has knowledge.

The commissioner and his assistants, referred to in Sections 69895
and 69896 of the Government Code, shall have power to administer
oaths and shall be allowed actual traveling expenses incurred in the
performance of their duties. Such traveling expenses shall be
audited, allowed, and paid out of the general fund of the county.



903.3. Pursuant to the rules or instructions adopted by a majority
of the judges of the superior court, the jury commissioner shall
return to the judges the list of persons recommended by him for grand
jury duty. The judges of the superior court shall examine the jury
list so returned and from such list a majority of the judges may
select, to serve as grand jurors in the superior court of the county
during the ensuing year or until a new list of jurors is required,
such persons as, in their opinion, should be selected for grand jury
duty. The persons so selected shall, in the opinion of the judges
selecting them, be persons suitable and competent to serve as jurors,
as required by law.


903.4. The judges are not required to select any names from the
list returned by the jury commissioner, but may, if in their
judgement the due administration of justice requires, make all or any
selections from among the body of persons in the county suitable and
competent to serve as grand jurors regardless of the list returned
by the jury commissioner.
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904. Every superior court, whenever in its opinion the public
interest so requires, shall make and file with the jury commissioner
an order directing a grand jury to be drawn. The order shall
designate the number of grand jurors to be drawn, which may not be
less than 29 nor more than 40 in counties having a population
exceeding four million and not less than 25 nor more than 30 in other
counties.



904.4. (a) In any county having a population of more than 370,000
but less than 400,000 as established by Section 28020 of the
Government Code, the presiding judge of the superior court, upon
application by the district attorney, may order and direct the
drawing and impanelment at any time of one additional grand jury.
(b) The presiding judge may 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 the additional grand jury.
(c) Any additional grand jury which 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. In no event shall more than
one additional grand jury be impaneled pursuant to this section at
the same time.
(d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters that are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters that the regular grand
jury is inquiring into at the time of its impanelment.
(e) If an additional grand jury is also authorized by another
section, the county may impanel the additional grand jury authorized
by this section, or by the other section, but not both.



904.6.
(a) In any county or city and county, 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 Attorney
General or the district attorney or upon his or her own motion, 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 the additional grand jury.
(c) Any additional grand jury which 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 the same time.
(d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters which are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters which the regular
grand jury is inquiring into at the time of its impanelment.
(e) It is the intent of the Legislature that all persons qualified
for jury service shall have an equal opportunity to be considered
for service as criminal grand jurors in the county in which they
reside, and that they have an obligation to serve, when summoned for
that purpose. All persons selected for the additional criminal grand
jury shall be selected at random from a source or sources reasonably
representative of a cross section of the population which is eligible
for jury service in the county.



904.8. (a) Notwithstanding subdivision (a) of Section 904.6 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 Attorney
General or the district attorney or upon his or her own motion, order
and direct the impanelment of up to two additional grand juries
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 juries that are 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 two additional grand juries be impaneled pursuant to this
section at the same time.
(d) Whenever additional grand juries are impaneled pursuant to
this section, they may inquire into any matters that are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters that the regular grand
jury is inquiring into at the time of its impanelment.
(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.



905. In all counties there shall be at least one grand jury drawn
and impaneled in each year.



905.5. (a) Except as otherwise provided in subdivision (b), the
grand jury shall be impaneled and serve during the fiscal year of the
county in the manner provided in this chapter.
(b) The board of supervisors of a county may provide that the
grand jury shall be impaneled and serve during the calendar year.
The board of supervisors shall provide for an appropriate transition
from fiscal year term to calendar year term or from calendar year
term to fiscal year term for the grand jury. The provisions of
subdivisions (a) and (b) of Section 901 shall not be deemed a
limitation on any appropriate transition provisions as determined by
resolution or ordinance; and, except as otherwise provided in this
chapter, no transition grand jury shall serve more than 18 months.



906. The order shall designate the time at which the drawing will
take place. The names of the grand jurors shall be drawn, and the
list of names certified and summoned, as is provided for drawing and
summoning trial jurors. The names of any persons drawn, who are not
impaneled upon the grand jury, may be again placed in the grand jury
box.



907. Any grand juror summoned, who willfully and without reasonable
excuse fails to attend, may be attached and compelled to attend and
the court may also impose a fine not exceeding fifty dollars ($50),
upon which execution may issue. If the grand juror was not
personally served, the fine shall not be imposed until upon an order
to show cause an opportunity has been offered the grand juror to be
heard.



908. If the required number of the persons summoned as grand jurors
are present and not excused, the required number shall constitute
the grand jury. If more than the required number of persons are
present, the jury commissioner shall write their names on separate
ballots, which the jury commissioner shall fold so that the names
cannot be seen, place them in a box, and draw out the required number
of them. The persons whose names are on the ballots so drawn shall
constitute the grand jury. If less than the required number of
persons are present, the panel may be filled as provided in Section
211 of the Code of Civil Procedure. If more of the persons summoned
to complete a grand jury attend than are required, the requisite
number shall be obtained by writing the names of those summoned and
not excused on ballots, depositing them in a box, and drawing as
provided above.



908.1. When, after the grand jury consisting of the required number
of persons has been impaneled pursuant to law, the membership is
reduced for any reason, vacancies within an existing grand jury may
be filled, so as to maintain the full membership at the required
number of persons, by the jury commissioner, in the presence of the
court, drawing out sufficient names to fill the vacancies from the
grand jury box, pursuant to law, or from a special venire as provided
in Section 211 of the Code of Civil Procedure. A person selected as
a grand juror to fill a vacancy pursuant to this section may not
vote as a grand juror on any matter upon which evidence has been
taken by the grand jury prior to the time of the person's selection.




908.2. (a) Upon the decision of the superior court pursuant to
Section 901 to adopt this method of selecting grand jurors, when the
required number of persons have been impaneled as the grand jury
pursuant to law, the jury commissioner shall write the names of each
person on separate ballots. The jury commissioner shall fold the
ballots so that the names cannot be seen, place them in a box, and
draw out half of the ballots, or in a county where the number of
grand jurors is uneven, one more than half. The persons whose names
are on the ballots so drawn shall serve for 12 months until July 1
of the following year. The persons whose names are not on the
ballots so drawn shall serve for six months until January 1 of the
following year.
(b) Each subsequent year, on January 2 and July 2, a sufficient
number of grand jurors shall be impaneled to replace those whose
service concluded the previous day. Those persons impaneled on
January 2 shall serve until January 1 of the following year. Those
persons impaneled on July 2 shall serve until July 1 of the following
year. A person may not serve on the grand jury for more than one
year.
(c) The provisions of subdivisions (a) and (b) do not apply to the
selection of grand jurors for an additional grand jury authorized
pursuant to Section 904.6.



909. Before accepting a person drawn as a grand juror, the court
shall be satisfied that such person is duly qualified to act as such
juror. When a person is drawn and found qualified he shall be
accepted unless the court, on the application of the juror and before
he is sworn, excuses him from such service for any of the reasons
prescribed in this title or in Chapter 1 (commencing with Section
190), Title 3, Part 1 of the Code of Civil Procedure.



910. No challenge shall be made or allowed to the panel from which
the grand jury is drawn, nor to an individual grand juror, except
when made by the court for want of qualification, as prescribed in
Section 909.


911. The following oath shall be taken by each member of the grand
jury: "I do solemnly swear (affirm) that I will support the
Constitution of the United States and of the State of California, and
all laws made pursuant to and in conformity therewith, will
diligently inquire into, and true presentment make, of all public
offenses against the people of this state, committed or triable
within this county, of which the grand jury shall have or can obtain
legal evidence. Further, I will not disclose any evidence brought
before the grand jury, nor anything which I or any other grand juror
may say, nor the manner in which I or any other grand juror may have
voted on any matter before the grand jury. I will keep the charge
that will be given to me by the court."



912. From the persons summoned to serve as grand jurors and
appearing, the court shall appoint a foreman. The court shall also
appoint a foreman when the person already appointed is excused or
discharged before the grand jury is dismissed.




913. If a grand jury is not in existence, the Attorney General may
demand the impaneling of a grand jury by those charged with the duty
to do so, and upon such demand by him, it shall be their duty to do
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914. (a) When the grand jury is impaneled and sworn, it shall be
charged by the court. In doing so, the court shall give the grand
jurors such information as it deems proper, or as is required by law,
as to their duties, and as to any charges for public offenses
returned to the court or likely to come before the grand jury.
(b) To assist a grand jury in the performance of its statutory
duties regarding civil matters, the court, in consultation with the
district attorney, the county counsel, and at least one former grand
juror, shall ensure that a grand jury that considers or takes action
on civil matters receives training that addresses, at a minimum,
report writing, interviews, and the scope of the grand jury's
responsibility and statutory authority.
(c) Any costs incurred by the court as a result of this section
shall be absorbed by the court or the county from existing resources.




914.1. When a grand jury is impaneled, for purposes which include
the investigation of, or inquiry into, county matters of civil
concern, the judge of the superior court of the county, in addition
to other matters requiring action, shall call its attention to the
provisions of Chapter 1 (commencing with Section 23000) of Division 1
of Title 3, and Sections 24054 and 26525 of the Government Code, and
instruct it to ascertain by a careful and diligent investigation
whether such provisions have been complied with, and to note the
result of such investigation in its report. At such time the judge
shall also inform and charge the grand jury especially as to its
powers, duties, and responsibilities under Article 1 (commencing with
Section 888) of Chapter 2, and Article 2 (commencing with Section
925), Article 3 (commencing with Section 934) of this chapter,
Article 3 (commencing with Section 3060) of Chapter 7 of Division 4
of Title 1 of the Government Code, and Section 17006 of the Welfare
and Institutions Code.


914.5. The grand jury shall not spend money or incur obligations in
excess of the amount budgeted for its investigative activities
pursuant to this chapter by the county board of supervisors unless
the proposed expenditure is approved in advance by the presiding
judge of the superior court after the board of supervisors has been
advised of the request.



915. When the grand jury has been impaneled, sworn, and charged, it
shall retire to a private room, except when operating under a
finding pursuant to Section 939.1, and inquire into the offenses and
matters of civil concern cognizable by it. On the completion of the
business before the grand jury or expiration of the term of
prescribed service of one or more grand jurors, the court shall
discharge it or the affected individual jurors.



916. Each grand jury shall choose its officers, except the foreman,
and shall determine its rules of proceeding. Adoption of its rules
of procedure and all public actions of the grand jury, whether
concerning criminal or civil matters unless otherwise prescribed in
law, including adoption of final reports, shall be only with the
concurrence of that number of grand jurors necessary to find an
indictment pursuant to Section 940. Rules of procedure shall include
guidelines for that grand jury to ensure that all findings included
in its final reports are supported by documented evidence, including
reports of contract auditors or consultants, official records, or
interviews attended by no fewer than two grand jurors and that all
problems identified in a final report are accompanied by suggested
means for their resolution, including financial, when applicable.



916.1. If the foreman of a grand jury is absent from any meeting or
if he is disqualified to act, the grand jury may select a member of
that body to act as foreman pro tempore, who shall perform the
duties, and have all the powers, of the regularly appointed foreman
in his absence or disqualification.



917. The grand jury may inquire into all public offenses committed
or triable within the county and present them to the court by
indictment.


918. If a member of a grand jury knows, or has reason to believe,
that a public offense, triable within the county, has been committed,
he may declare it to his fellow jurors, who may thereupon
investigate it.


919. (a) The grand jury may inquire into the case of every person
imprisoned in the jail of the county on a criminal charge and not
indicted.
(b) The grand jury shall inquire into the condition and management
of the public prisons within the county.
(c) The grand jury shall inquire into the willful or corrupt
misconduct in office of public officers of every description within
the county.



920. The grand jury may investigate and inquire into all sales and
transfers of land, and into the ownership of land, which, under the
state laws, might or should escheat to the State of California. For
this purpose, the grand jury may summon witnesses before it and
examine them and the records. The grand jury shall direct that
proper escheat proceedings be commenced when, in the opinion of the
grand jury, the evidence justifies such proceedings.



921. The grand jury is entitled to free access, at all reasonable
times, to the public prisons, and to the examination, without charge,
of all public records within the county.



922. The powers and duties of the grand jury in connection with
proceedings for the removal of district, county, or city officers are
prescribed in Article 3 (commencing with Section 3060), Chapter 7,
Division 4, Title 1, of the Government Code.



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 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.



924. Every grand juror who willfully discloses the fact of an
information or indictment having been made for a felony, until the
defendant has been arrested, is guilty of a misdemeanor.



924.1. (a) Every grand juror who, except when required by a court,
willfully discloses any evidence adduced before the grand jury, or
anything which he himself or any other member of the grand jury has
said, or in what manner he or she or any other grand juror has voted
on a matter before them, is guilty of a misdemeanor.
(b) Every interpreter for the disabled appointed to assist a
member of the grand jury pursuant to Section 939.11 who, except when
required by a court, willfully discloses any evidence adduced before
the grand jury, or anything which he or she or any member of the
grand jury has said, or in what manner any grand juror has voted on a
matter before them, is guilty of a misdemeanor.



924.2. Each grand juror shall keep secret whatever he himself or
any other grand juror has said, or in what manner he or any other
grand juror has voted on a matter before them. Any court may require
a grand juror to disclose the testimony of a witness examined before
the grand jury, for the purpose of ascertaining whether it is
consistent with that given by the witness before the court, or to
disclose the testimony given before the grand jury by any person,
upon a charge against such person for perjury in giving his testimony
or upon trial therefor.


924.3. A grand juror cannot be questioned for anything he may say
or any vote he may give in the grand jury relative to a matter
legally pending before the jury, except for a perjury of which he may
have been guilty in making an accusation or giving testimony to his
fellow jurors.



924.4. Notwithstanding the provisions of Sections 924.1 and 924.2,
any grand jury or, if the grand jury is no longer impaneled, the
presiding judge of the superior court, may pass on and provide the
succeeding grand jury with any records, information, or evidence
acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or
evidence that relates to a criminal investigation or that could form
part or all of the basis for issuance of an indictment. Transcripts
of testimony reported during any session of the grand jury shall be
made available to the succeeding grand jury upon its request.



924.6. If no indictment is returned, the court that impaneled the
grand jury shall, upon application of either party, order disclosure
of all or part of the testimony of a witness before the grand jury to
a defendant and the prosecutor in connection with any pending or
subsequent criminal prodeeding before any court if the court finds
following an in camera hearing, which shall include the court's
review of the grand jury's testimony, that the testimony is relevant,
and appears to be admissible.

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925. The grand jury shall investigate and report on the operations,
accounts, and records of the officers, departments, or functions of
the county including those operations, accounts, and records of any
special legislative district or other district in the county created
pursuant to state law for which the officers of the county are
serving in their ex officio capacity as officers of the districts.
The investigations may be conducted on some selective basis each
year, but the grand jury shall not duplicate any examination of
financial statements which has been performed by or for the board of
supervisors pursuant to Section 25250 of the Government Code; this
provision shall not be construed to limit the power of the grand jury
to investigate and report on the operations, accounts, and records
of the officers, departments, or functions of the county. The grand
jury may enter into a joint contract with the board of supervisors to
employ the services of an expert as provided for in Section 926.



925a. The grand jury may at any time examine the books and records
of any incorporated city or joint powers agency located in the
county. In addition to any other investigatory powers granted by
this chapter, the grand jury may investigate and report upon the
operations, accounts, and records of the officers, departments,
functions, and the method or system of performing the duties of any
such city or joint powers agency and make such recommendations as it
may deem proper and fit.
The grand jury may investigate and report upon the needs of all
joint powers agencies in the county, including the abolition or
creation of agencies and the equipment for, or the method or system
of performing the duties of, the several agencies. It shall cause a
copy of any such report to be transmitted to the governing body of
any affected agency.
As used in this section, "joint powers agency" means an agency
described in Section 6506 of the Government Code whose jurisdiction
encompasses all or part of a county.



926. (a) If, in the judgment of the grand jury, the services of one
or more experts are necessary for the purposes of Sections 925,
925a, 928, 933.1, and 933.5 or any of them, the grand jury may employ
one or more experts, at an agreed compensation, to be first approved
by the court. If, in the judgment of the grand jury, the services
of assistants to such experts are required, the grand jury may employ
such assistants, at a compensation to be agreed upon and approved by
the court. Expenditures for the services of experts and assistants
for the purposes of Section 933.5 shall not exceed the sum of thirty
thousand dollars ($30,000) annually, unless such expenditures shall
also be approved by the board of supervisors.
(b) When making an examination of the books, records, accounts,
and documents maintained and processed by the county assessor, the
grand jury, with the consent of the board of supervisors, may employ
expert auditors or appraisers to assist in the examination. Auditors
and appraisers, while performing pursuant to the directive of the
grand jury, shall have access to all records and documents that may
be inspected by the grand jury subject to the same limitations on
public disclosure as apply to the grand jury.
(c) Any contract entered into by a grand jury pursuant to this
section may include services to be performed after the discharge of
the jury, but in no event may a jury contract for services to be
performed later than six months after the end of the fiscal year
during which the jury was impaneled.
(d) Any contract entered into by a grand jury pursuant to this
section shall stipulate that the product of that contract shall be
delivered on or before a time certain to the then-current grand jury
of that county for such use as that jury finds appropriate to its
adopted objectives.



927. A grand jury may, and when requested by the board of
supervisors shall, investigate and report upon the needs for increase
or decrease in salaries of the county-elected officials. A copy of
such report shall be transmitted to the board of supervisors.




928. Every grand jury may investigate and report upon the needs of
all county officers in the county, including the abolition or
creation of offices and the equipment for, or the method or system of
performing the duties of, the several offices. Such investigation
and report shall be conducted selectively each year. The grand jury
shall cause a copy of such report to be transmitted to each member of
the board of supervisors of the county.



929. As to any matter not subject to privilege, with the approval
of the presiding judge of the superior court or the judge appointed
by the presiding judge to supervise the grand jury, a grand jury may
make available to the public part or all of the evidentiary material,
findings, and other information relied upon by, or presented to, a
grand jury for its final report in any civil grand jury investigation
provided that the name of any person, or facts that lead to the
identity of any person who provided information to the grand jury,
shall not be released. Prior to granting approval pursuant to this
section, a judge may require the redaction or masking of any part of
the evidentiary material, findings, or other information to be
released to the public including, but not limited to, the identity of
witnesses and any testimony or materials of a defamatory or libelous
nature.



930. If any grand jury shall, in the report above mentioned,
comment upon any person or official who has not been indicted by such
grand jury such comments shall not be deemed to be privileged.



931. All expenses of the grand jurors incurred under this article
shall be paid by the treasurer of the county out of the general fund
of the county upon warrants drawn by the county auditor upon the
written order of the judge of the superior court of the county.




932. After investigating the books and accounts of the various
officials of the county, as provided in the foregoing sections of
this article, the grand jury may order the district attorney of the
county to institute suit to recover any money that, in the judgment
of the grand jury, may from any cause be due the county. The order
of the grand jury, certified by the foreman of the grand jury and
filed with the clerk of the superior court of the county, shall be
full authority for the district attorney to institute and maintain
any such suit.


933. (a) Each grand jury shall 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. Final reports on any appropriate subject may be
submitted to the presiding judge of the superior court at any time
during the term of service of a grand jury. A final report may be
submitted for comment to responsible officers, agencies, or
departments, including the county board of supervisors, when
applicable, upon finding of the presiding judge that the report is in
compliance with this title. For 45 days after the end of the term,
the foreperson and his or her designees shall, upon reasonable
notice, be available to clarify the recommendations of the report.
(b) One copy of each final report, together with the responses
thereto, found to be in compliance with this title shall be placed on
file with the clerk of the court and remain on file in the office of
the clerk. The clerk shall immediately forward a true copy of the
report and the responses to the State Archivist who shall retain that
report and all responses in perpetuity.
(c) No later than 90 days after the grand jury submits a final
report on the operations of any public agency subject to its
reviewing authority, the governing body of the public agency shall
comment to the presiding judge of the superior court on the findings
and recommendations pertaining to matters under the control of the
governing body, and every elected county officer or agency head for
which the grand jury has responsibility pursuant to Section 914.1
shall comment within 60 days to the presiding judge of the superior
court, with an information copy sent to the board of supervisors, on
the findings and recommendations pertaining to matters under the
control of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or controls.
In any city and county, the mayor shall also comment on the findings
and recommendations. All of these comments and reports shall
forthwith be submitted to the presiding judge of the superior court
who impaneled the grand jury. A copy of all responses to grand jury
reports shall be placed on file with the clerk of the public agency
and the office of the county clerk, or the mayor when applicable, and
shall remain on file in those offices. One copy shall be placed on
file with the applicable grand jury final report by, and in the
control of the currently impaneled grand jury, where it shall be
maintained for a minimum of five years.
(d) As used in this section "agency" includes a department.



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 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.



933.06. (a) Notwithstanding Sections 916 and 940, in a county
having a population of 20,000 or less, a final report may be adopted
and submitted pursuant to Section 933 with the concurrence of at
least 10 grand jurors if all of the following conditions are met:
(1) The grand jury consisting of 19 persons has been impaneled
pursuant to law, and the membership is reduced from 19 to fewer than
12.
(2) The vacancies have not been filled pursuant to Section 908.1
within 30 days from the time that the clerk of the superior court is
given written notice that the vacancy has occurred.
(3) A final report has not been submitted by the grand jury
pursuant to Section 933.
(b) Notwithstanding Section 933, no responsible officers,
agencies, or departments shall be required to comment on a final
report submitted pursuant to this section.



933.1. A grand jury may at any time examine the books and records
of a redevelopment agency, a housing authority, created pursuant to
Division 24 (commencing with Section 33000) of the Health and Safety
Code, or a joint powers agency created pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method
or system of performing the duties of such agency or authority.



933.5. A grand jury may at any time examine the books and records
of any special-purpose assessing or taxing district located wholly or
partly in the county or the local agency formation commission in the
county, and, in addition to any other investigatory powers granted
by this chapter, may investigate and report upon the method or system
of performing the duties of such district or commission.




933.6. A grand jury may at any time examine the books and records
of any nonprofit corporation established by or operated on behalf of
a public entity the books and records of which it is authorized by
law to examine, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method
or system of performing the duties of such nonprofit corporation.

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General Provisions

914. (a) When the grand jury is impaneled and sworn, it shall be
charged by the court. In doing so, the court shall give the grand
jurors such information as it deems proper, or as is required by law,
as to their duties, and as to any charges for public offenses
returned to the court or likely to come before the grand jury.
(b) To assist a grand jury in the performance of its statutory
duties regarding civil matters, the court, in consultation with the
district attorney, the county counsel, and at least one former grand
juror, shall ensure that a grand jury that considers or takes action
on civil matters receives training that addresses, at a minimum,
report writing, interviews, and the scope of the grand jury's
responsibility and statutory authority.
(c) Any costs incurred by the court as a result of this section
shall be absorbed by the court or the county from existing resources.




914.1. When a grand jury is impaneled, for purposes which include
the investigation of, or inquiry into, county matters of civil
concern, the judge of the superior court of the county, in addition
to other matters requiring action, shall call its attention to the
provisions of Chapter 1 (commencing with Section 23000) of Division 1
of Title 3, and Sections 24054 and 26525 of the Government Code, and
instruct it to ascertain by a careful and diligent investigation
whether such provisions have been complied with, and to note the
result of such investigation in its report. At such time the judge
shall also inform and charge the grand jury especially as to its
powers, duties, and responsibilities under Article 1 (commencing with
Section 888) of Chapter 2, and Article 2 (commencing with Section
925), Article 3 (commencing with Section 934) of this chapter,
Article 3 (commencing with Section 3060) of Chapter 7 of Division 4
of Title 1 of the Government Code, and Section 17006 of the Welfare
and Institutions Code.


914.5. The grand jury shall not spend money or incur obligations in
excess of the amount budgeted for its investigative activities
pursuant to this chapter by the county board of supervisors unless
the proposed expenditure is approved in advance by the presiding
judge of the superior court after the board of supervisors has been
advised of the request.



915. When the grand jury has been impaneled, sworn, and charged, it
shall retire to a private room, except when operating under a
finding pursuant to Section 939.1, and inquire into the offenses and
matters of civil concern cognizable by it. On the completion of the
business before the grand jury or expiration of the term of
prescribed service of one or more grand jurors, the court shall
discharge it or the affected individual jurors.



916. Each grand jury shall choose its officers, except the foreman,
and shall determine its rules of proceeding. Adoption of its rules
of procedure and all public actions of the grand jury, whether
concerning criminal or civil matters unless otherwise prescribed in
law, including adoption of final reports, shall be only with the
concurrence of that number of grand jurors necessary to find an
indictment pursuant to Section 940. Rules of procedure shall include
guidelines for that grand jury to ensure that all findings included
in its final reports are supported by documented evidence, including
reports of contract auditors or consultants, official records, or
interviews attended by no fewer than two grand jurors and that all
problems identified in a final report are accompanied by suggested
means for their resolution, including financial, when applicable.



916.1. If the foreman of a grand jury is absent from any meeting or
if he is disqualified to act, the grand jury may select a member of
that body to act as foreman pro tempore, who shall perform the
duties, and have all the powers, of the regularly appointed foreman
in his absence or disqualification.



917. The grand jury may inquire into all public offenses committed
or triable within the county and present them to the court by
indictment.


918. If a member of a grand jury knows, or has reason to believe,
that a public offense, triable within the county, has been committed,
he may declare it to his fellow jurors, who may thereupon
investigate it.


919. (a) The grand jury may inquire into the case of every person
imprisoned in the jail of the county on a criminal charge and not
indicted.
(b) The grand jury shall inquire into the condition and management
of the public prisons within the county.
(c) The grand jury shall inquire into the willful or corrupt
misconduct in office of public officers of every description within
the county.



920. The grand jury may investigate and inquire into all sales and
transfers of land, and into the ownership of land, which, under the
state laws, might or should escheat to the State of California. For
this purpose, the grand jury may summon witnesses before it and
examine them and the records. The grand jury shall direct that
proper escheat proceedings be commenced when, in the opinion of the
grand jury, the evidence justifies such proceedings.



921. The grand jury is entitled to free access, at all reasonable
times, to the public prisons, and to the examination, without charge,
of all public records within the county.



922. The powers and duties of the grand jury in connection with
proceedings for the removal of district, county, or city officers are
prescribed in Article 3 (commencing with Section 3060), Chapter 7,
Division 4, Title 1, of the Government Code.



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 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.



924. Every grand juror who willfully discloses the fact of an
information or indictment having been made for a felony, until the
defendant has been arrested, is guilty of a misdemeanor.



924.1. (a) Every grand juror who, except when required by a court,
willfully discloses any evidence adduced before the grand jury, or
anything which he himself or any other member of the grand jury has
said, or in what manner he or she or any other grand juror has voted
on a matter before them, is guilty of a misdemeanor.
(b) Every interpreter for the disabled appointed to assist a
member of the grand jury pursuant to Section 939.11 who, except when
required by a court, willfully discloses any evidence adduced before
the grand jury, or anything which he or she or any member of the
grand jury has said, or in what manner any grand juror has voted on a
matter before them, is guilty of a misdemeanor.



924.2. Each grand juror shall keep secret whatever he himself or
any other grand juror has said, or in what manner he or any other
grand juror has voted on a matter before them. Any court may require
a grand juror to disclose the testimony of a witness examined before
the grand jury, for the purpose of ascertaining whether it is
consistent with that given by the witness before the court, or to
disclose the testimony given before the grand jury by any person,
upon a charge against such person for perjury in giving his testimony
or upon trial therefor.


924.3. A grand juror cannot be questioned for anything he may say
or any vote he may give in the grand jury relative to a matter
legally pending before the jury, except for a perjury of which he may
have been guilty in making an accusation or giving testimony to his
fellow jurors.



924.4. Notwithstanding the provisions of Sections 924.1 and 924.2,
any grand jury or, if the grand jury is no longer impaneled, the
presiding judge of the superior court, may pass on and provide the
succeeding grand jury with any records, information, or evidence
acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or
evidence that relates to a criminal investigation or that could form
part or all of the basis for issuance of an indictment. Transcripts
of testimony reported during any session of the grand jury shall be
made available to the succeeding grand jury upon its request.



924.6. If no indictment is returned, the court that impaneled the
grand jury shall, upon application of either party, order disclosure
of all or part of the testimony of a witness before the grand jury to
a defendant and the prosecutor in connection with any pending or
subsequent criminal prodeeding before any court if the court finds
following an in camera hearing, which shall include the court's
review of the grand jury's testimony, that the testimony is relevant,
and appears to be admissible.
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