"u.s.a"california penal code

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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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[هيثم الفقى]

[align=left]934. (a) The grand jury may, at all times, request the advice of
the court, or the judge thereof, the district attorney, the county
counsel, or the Attorney General. Unless advice is requested, the
judge of the court, or county counsel as to civil matters, shall not
be present during the sessions of the grand jury.
(b) The Attorney General may grant or deny a request for advice
from the grand jury. If the Attorney General grants a request for
advice from the grand jury, the Attorney General shall fulfill that
request within existing financial and staffing resources.



935. The district attorney of the county may at all times appear
before the grand jury for the purpose of giving information or advice
relative to any matter cognizable by the grand jury, and may
interrogate witnesses before the grand jury whenever he thinks it
necessary. When a charge against or involving the district attorney,
or assistant district attorney, or deputy district attorney, or
anyone employed by or connected with the office of the district
attorney, is being investigated by the grand jury, such district
attorney, or assistant district attorney, or deputy district
attorney, or all or anyone or more of them, shall not be allowed to
be present before such grand jury when such charge is being
investigated, in an official capacity but only as a witness, and he
shall only be present while a witness and after his appearance as
such witness shall leave the place where the grand jury is holding
its session.


936. When requested so to do by the grand jury of any county, the
Attorney General may employ special counsel and special
investigators, whose duty it shall be to investigate and present the
evidence in such investigation to such grand jury.
The services of such special counsel and special investigators
shall be a county charge of such county.



936.5. (a) When requested to do so by the grand jury of any county,
the presiding judge of the superior court may employ special counsel
and special investigators, whose duty it shall be to investigate and
present the evidence of the investigation to the grand jury.
(b) Prior to the appointment, the presiding judge shall conduct an
evidentiary hearing and find that a conflict exists that would
prevent the local district attorney, the county counsel, and the
Attorney General from performing such investigation. Notice of the
hearing shall be given to each of them unless he or she is a subject
of the investigation. The finding of the presiding judge may be
appealed by the district attorney, the county counsel, or the
Attorney General. The order shall be stayed pending the appeal made
under this section.
(c) The authority to appoint is contingent upon the certification
by the auditor-comptroller of the county, that the grand jury has
funds appropriated to it sufficient to compensate the special counsel
and investigator for services rendered pursuant to the court order.
In the absence of a certification the court has no authority to
appoint. In the event the county board of supervisors or a member
thereof is under investigation, the county has an obligation to
appropriate the necessary funds.



936.7. (a) In a county of the eighth class, as defined by Sections
28020 and 28029 of the Government Code, upon a request by the grand
jury, the presiding judge of the superior court may retain, in the
name of the county, a special counsel to the grand jury. The request
shall be presented to the presiding judge in camera, by an
affidavit, executed by the foreperson of the grand jury, which
specifies the reason for the request and the nature of the services
sought, and which certifies that the appointment of the special
counsel is reasonably necessary to aid the work of the grand jury.
The affidavit shall be confidential and its contents may not be made
public except by order of the presiding judge upon a showing of good
cause. The special counsel shall be selected by the presiding judge
following submission of the name of the nominee to the board of
supervisors for comment.
The special counsel shall be retained under a contract executed by
the presiding judge in the name of the county. The contract shall
contain the following terms:
(1) The types of legal services to be rendered to the grand jury;
provided, (i) that the special counsel's duties shall not include any
legal advisory, investigative, or prosecutorial service which by
statute is vested within the powers of the district attorney, and
(ii) that the special counsel may not perform any investigative or
prosecutorial service whatsoever except upon advance written approval
by the presiding judge which specifies the number of hours of these
services, the hourly rate therefor, and the subject matter of the
inquiry.
(2) The hourly rate of compensation of the special counsel for
legal advisory services delivered, together with a maximum contract
amount payable for all services rendered under the contract during
the term thereof, and all service authorizations issued pursuant
thereto.
(3) That the contract may be canceled in advance of the expiration
of its term by the presiding judge pursuant to service upon the
special counsel of 10 days' advance written notice.
(b) The maximum contract amount shall be determined by the board
of supervisors and included in the grand jury's annual operational
budget. The maximum amount shall be subject to increase by the
presiding judge through contract amendment during the term thereof,
subject to and in compliance with the procedure prescribed by Section
914.5.
(c) The contract shall constitute a public record and shall be
subject to public inspection and copying pursuant to the provisions
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
However, at the sole discretion of the board of supervisors, any or
all of the following steps may be taken:
(1) The nomination by the presiding judge, and any or all actions
by the board of supervisors in commenting upon the nominee and the
comments, may be made confidential.
(2) The deliberations and actions may be undertaken in meetings
from which the public is excluded, and the communication containing
comments may constitute a confidential record which is not subject to
public inspection or copying except at the sole discretion of the
board of supervisors. Moreover, any written authorization by the
presiding judge pursuant to paragraph (1) of subdivision (a) shall
constitute a confidential record which is not subject to public
inspection or copying except in connection with a dispute concerning
compensation for services rendered.



937. The grand jury or district attorney may require by subpoena
the attendance of any person before the grand jury as interpreter.
While his services are necessary, such interpreter may be present at
the examination of witnesses before the grand jury. The compensation
for services of such interpreter constitutes a charge against the
county, and shall be fixed by the grand jury.



938. (a) Whenever criminal causes are being investigated before the
grand jury, it shall appoint a competent stenographic reporter. He
shall be sworn and shall report in shorthand the testimony given in
such causes and shall transcribe the shorthand in all cases where an
indictment is returned or accusation presented.
(b) At the request of the grand jury, the reporter shall also
prepare transcripts of any testimony reported during any session of
the immediately preceding grand jury.



938.1. (a) If an indictment has been found or accusation presented
against a defendant, such stenographic reporter shall certify and
deliver to the clerk of the superior court in the county an original
transcription of the reporter's shorthand notes and a copy thereof
and as many additional copies as there are defendants, other than
fictitious defendants, regardless of the number of charges or
fictitious defendants included in the same investigation. The
reporter shall complete the certification and delivery within 10 days
after the indictment has been found or the accusation presented
unless the court for good cause makes an order extending the time.
The time shall not be extended more than 20 days. The clerk shall
file the original of the transcript, deliver a copy of the transcript
to the district attorney immediately upon receipt thereof and
deliver a copy of such transcript to each such defendant or the
defendant's attorney. If the copy of the testimony is not served as
provided in this section, the court shall on motion of the defendant
continue the trial to such time as may be necessary to secure to the
defendant receipt of a copy of such testimony 10 days before such
trial. If several criminal charges are investigated against a
defendant on one investigation and thereafter separate indictments
are returned or accusations presented upon said several charges, the
delivery to such defendant or the defendant's attorney of one copy of
the transcript of such investigation shall be a compliance with this
section as to all of such indictments or accusations.
(b) The transcript shall not be open to the public until 10 days
after its delivery to the defendant or the defendant's attorney.
Thereafter the transcript shall be open to the public unless the
court orders otherwise on its own motion or on motion of a party
pending a determination as to whether all or part of the transcript
should be sealed. If the court determines that there is a reasonable
likelihood that making all or any part of the transcript public may
prejudice a defendant's right to a fair and impartial trial, that
part of the transcript shall be sealed until the defendant's trial
has been completed.


938.2. (a) For preparing any transcript in any case pursuant to
subdivision (a) of Section 938.1, the stenographic reporter shall
draw no salary or fees from the county for preparing such transcript
in any case until all such transcripts of testimony in such case so
taken by him are written up and delivered. Before making the order
for payment to the reporter, the judge of the superior court shall
require the reporter to show by affidavit or otherwise that he has
written up and delivered all testimony taken by him, in accordance
with subdivision (a) of Section 938 and Section 938.1.
(b) Before making the order for payment to a reporter who has
prepared transcripts pursuant to subdivision (b) of Section 938, the
judge of the superior court shall require the reporter to show by
affidavit or otherwise that he has written up and delivered all
testimony requested of him in accordance with that sudivision.



938.3. The services of the stenographic reporter shall constitute a
charge against the county, and the stenographic reporter shall be
compensated for reporting and transcribing at the same rates as
prescribed in Sections 69947 to 69954, inclusive, of the Government
Code, to be paid out of the county treasury on a warrant of the
county auditor when ordered by the judge of the superior court.



938.4. The superior court shall arrange for a suitable meeting room
and other support as the court determines is necessary for the grand
jury. Any costs incurred by the court as a result of this section
shall be absorbed by the court or the county from existing resources.[/align]

[هيثم الفقى]

[align=left]
939. No person other than those specified in Article 3 (commencing
with Section 934), and in Sections 939.1, 939.11, and 939.21, and the
officer having custody of a prisoner witness while the prisoner is
testifying, is permitted to be present during the criminal sessions
of the grand jury except the members and witnesses actually under
examination. Members of the grand jury who have been excused
pursuant to Section 939.5 shall not be present during any part of
these proceedings. No persons other than grand jurors shall be
permitted to be present during the expression of the opinions of the
grand jurors, or the giving of their votes, on any criminal or civil
matter before them.



939.1. The grand jury acting through its foreman and the attorney
general or the district attorney may make a joint written request for
public sessions of the grand jury. The request shall be filed with
the superior court. If the court, or the judge thereof, finds that
the subject matter of the investigation affects the general public
welfare, involving the alleged corruption, misfeasance, or
malfeasance in office or dereliction of duty of public officials or
employees or of any person allegedly acting in conjunction or
conspiracy with such officials or employees in such alleged acts, the
court or judge may make an order directing the grand jury to conduct
its investigation in a session or sessions open to the public. The
order shall state the finding of the court. The grand jury shall
comply with the order.
The conduct of such investigation and the examination of witnesses
shall be by the members of the grand jury and the district attorney.

The deliberation of the grand jury and its voting upon such
investigation shall be in private session. The grand jury may find
indictments based wholly or partially upon the evidence introduced at
such public session.


939.11. Any member of the grand jury who has a hearing, sight, or
speech disability may request an interpreter when his or her services
are necessary to assist the juror to carry out his or her duties.
The request shall be filed with the superior court. If the court, or
the judge thereof, finds that an interpreter is necessary, the court
shall make an order to that effect and may require by subpoena the
attendance of any person before the grand jury as interpreter. If
the services of an interpreter are necessary, the court shall
instruct the grand jury and the interpreter that the interpreter is
not to participate in the jury's deliberations in any manner except
to facilitate communication between the disabled juror and the other
jurors. The court shall place the interpreter under oath not to
disclose any grand jury matters, including the testimony of any
witness, statements of any grand juror, or the vote of any grand
juror, except in the due course of judicial proceedings.



939.2. A subpoena requiring the attendance of a witness before the
grand jury may be signed and issued by the district attorney, his
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 opinion is
material in an investigation before the grand jury, and for such
other witnesses as the grand jury, upon an investigation pending
before them, may direct.



939.21. (a) Any prosecution witness before the grand jury in a
proceeding involving a violation of Section 243.4, 261, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, subdivision (1) of Section 314,
Section 368, 647.6, or former Section 647a, who is a minor or a
dependent person, may, at the discretion of the prosecution, select a
person of his or her own choice to attend the testimony of the
prosecution witness for the purpose of providing support. The person
chosen shall not be a witness in the same proceeding, or a person
described in Section 1070 of the Evidence Code.
(b) The grand jury foreperson shall inform any person permitted to
attend the grand jury proceedings pursuant to this section that
grand jury proceedings are confidential and may not be discussed with
anyone not in attendance at the proceedings. The foreperson also
shall admonish that person not to prompt, sway, or influence the
witness in any way. Nothing in this section shall preclude the
presiding judge from exercising his or her discretion to remove a
person from the grand jury proceeding whom the judge believes is
prompting, swaying, or influencing the witness.



939.3. In any investigation or proceeding before a grand jury for
any felony offense when a person refuses to answer a question or
produce evidence of any other kind on the ground that he may be
incriminated thereby, proceedings may be had under Section 1324.




939.4. The foreman may administer an oath to any witness appearing
before the grand jury.



939.5. Before considering a charge against any person, the foreman
of the grand jury shall state to those present the matter to be
considered and the person to be charged with an offense in connection
therewith. He shall direct any member of the grand jury who has a
state of mind in reference to the case or to either party which will
prevent him from acting impartially and without prejudice to the
substantial rights of the party to retire. Any violation of this
section by the foreman or any member of the grand jury is punishable
by the court as a contempt.



939.6. (a) Subject to subdivision (b), in the investigation of a
charge, the grand jury shall receive no other evidence than what is:

(1) Given by witnesses produced and sworn before the grand jury;
(2) Furnished by writings, material objects, or other things
presented to the senses; or
(3) Contained in a deposition that is admissible under subdivision
3 of Section 686.
(b) Except as provided in subdivision (c), the grand jury shall
not receive any evidence except that which would be admissible over
objection at the trial of a criminal action, but the fact that
evidence that would have been excluded at trial was received by the
grand jury does not render the indictment void where sufficient
competent evidence to support the indictment was received by the
grand jury.
(c) Notwithstanding Section 1200 of the Evidence Code, as to the
evidence relating to the foundation for admissibility into evidence
of documents, exhibits, records, and other items of physical
evidence, the evidence to support the indictment may be based in
whole or in part upon the sworn testimony of a law enforcement
officer relating the statement of a declarant made out of court and
offered for the truth of the matter asserted. Any law enforcement
officer testifying as to a hearsay statement pursuant to this
subdivision shall have either five years of law enforcement
experience or have completed a training course certified by the
Commission on Peace Officer Standards and Training that includes
training in the investigation and reporting of cases and testifying
at preliminary hearings.



939.7. The grand jury is not required to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it, and
when it has reason to believe that other evidence within its reach
will explain away the charge, it shall order the evidence to be
produced, and for that purpose may require the district attorney to
issue process for the witnesses.



939.71. (a) If the prosecutor is aware of exculpatory evidence, the
prosecutor shall inform the grand jury of its nature and existence.
Once the prosecutor has informed the grand jury of exculpatory
evidence pursuant to this section, the prosecutor shall inform the
grand jury of its duties under Section 939.7. If a failure to comply
with the provisions of this section results in substantial
prejudice, it shall be grounds for dismissal of the portion of the
indictment related to that evidence.
(b) It is the intent of the Legislature by enacting this section
to codify the holding in Johnson v. Superior Court, 15 Cal. 3d 248,
and to affirm the duties of the grand jury pursuant to Section 939.7.



939.8. The grand jury shall find an indictment when all the
evidence before it, taken together, if unexplained or uncontradicted,
would, in its judgment, warrant a conviction by a trial jury.



939.9. A grand jury shall make no report, declaration, or
recommendation on any matter except on the basis of its own
investigation of the matter made by such grand jury. A grand jury
shall not adopt as its own the recommendation of another grand jury
unless the grand jury adopting such recommendation does so after its
own investigation of the matter as to which the recommendation is
made, as required by this section.



939.91. (a) A grand jury which investigates a charge against a
person, and as a result thereof cannot find an indictment against
such person, shall, at the request of such person and upon the
approval of the court which impaneled the grand jury, report or
declare that a charge against such person was investigated and that
the grand jury could not as a result of the evidence presented find
an indictment. The report or declaration shall be issued upon
completion of the investigation of the suspected criminal conduct, or
series of related suspected criminal conduct, and in no event beyond
the end of the grand jury's term.
(b) A grand jury shall, at the request of the person called and
upon the approval of the court which impaneled the grand jury, report
or declare that any person called before the grand jury for a
purpose, other than to investigate a charge against such person, was
called only as a witness to an investigation which did not involve a
charge against such person. The report or declaration shall be
issued upon completion of the investigation of the suspected criminal
conduct, or series of related suspected criminal conduct, and in no
event beyond the end of the grand jury's term.[/align]

[هيثم الفقى]

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FINDING AND PRESENTMENT OF THE INDICTMENT


940. An indictment cannot be found without concurrence of at least
14 grand jurors in a county in which the required number of members
of the grand jury prescribed by Section 888.2 is 23, at least eight
grand jurors in a county in which the required number of members is
11, and at least 12 grand jurors in all other counties. When so
found it shall be endorsed, "A true bill," and the endorsement shall
be signed by the foreman of the grand jury.



943. When an indictment is found, the names of the witnesses
examined before the Grand Jury, or whose depositions may have been
read before them, must be inserted at the foot of the indictment, or
indorsed thereon, before it is presented to the Court.




944. An indictment, when found by the grand jury, must be presented
by their foreman, in their presence, to the court, and must be filed
with the clerk. No recommendation as to the dollar amount of bail
to be fixed shall be made to any court by any grand jury.



945. When an indictment is found against a defendant not in
custody, the same proceedings must be had as are prescribed in
Sections 979 to 984, inclusive, against a defendant who fails to
appear for arraignment.
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[align=left]948. All the forms of pleading in criminal actions, and the rules
by which the sufficiency of pleadings is to be determined, are those
prescribed by this Code.



949. The first pleading on the part of the people in the superior
court in a felony case is the indictment, information, or the
complaint in any case certified to the superior court under Section
859a. The first pleading on the part of the people in a misdemeanor
or infraction case is the complaint except as otherwise provided by
law. The first pleading on the part of the people in a proceeding
pursuant to Section 3060 of the Government Code is an accusation.



950. The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names of the parties;
2. A statement of the public offense or offenses charged therein.




951. An indictment or information may be in substantially the
following form: The people of the State of California against A. B.
In the superior court of the State of California, in and for the
county of ____. The grand jury (or the district attorney) of the
county of ____ hereby accuses A. B. of a felony (or misdemeanor), to
wit: (giving the name of the crime, as murder, burglary, etc.), in
that on or about the ____ day of ____, 19__, in the county of ____,
State of California, he (here insert statement of act or omission, as
for example, "murdered C. D.").



952. In charging an offense, each count shall contain, and shall be
sufficient if it contains in substance, a statement that the accused
has committed some public offense therein specified. Such statement
may be made in ordinary and concise language without any technical
averments or any allegations of matter not essential to be proved.
It may be in the words of the enactment describing the offense or
declaring the matter to be a public offense, or in any words
sufficient to give the accused notice of the offense of which he is
accused. In charging theft it shall be sufficient to allege that the
defendant unlawfully took the labor or property of another.



953. When a defendant is charged by a fictitious or erroneous name,
and in any stage of the proceedings his true name is discovered, it
must be inserted in the subsequent proceedings, referring to the fact
of his being charged by the name mentioned in the accusatory
pleading.



954. An accusatory pleading may charge two or more different
offenses connected together in their commission, or different
statements of the same offense or two or more different offenses of
the same class of crimes or offenses, under separate counts, and if
two or more accusatory pleadings are filed in such cases in the same
court, the court may order them to be consolidated. The prosecution
is not required to elect between the different offenses or counts set
forth in the accusatory pleading, but the defendant may be convicted
of any number of the offenses charged, and each offense of which the
defendant is convicted must be stated in the verdict or the finding
of the court; provided, that the court in which a case is triable, in
the interests of justice and for good cause shown, may in its
discretion order that the different offenses or counts set forth in
the accusatory pleading be tried separately or divided into two or
more groups and each of said groups tried separately. An acquittal
of one or more counts shall not be deemed an acquittal of any other
count.


954.1. In cases in which two or more different offenses of the same
class of crimes or offenses have been charged together in the same
accusatory pleading, or where two or more accusatory pleadings
charging offenses of the same class of crimes or offenses have been
consolidated, evidence concerning one offense or offenses need not be
admissible as to the other offense or offenses before the jointly
charged offenses may be tried together before the same trier of fact.



955. The precise time at which the offense was committed need not
be stated in the accusatory pleading, but it may be alleged to have
been committed at any time before the finding or filing thereof,
except where the time is a material ingredient in the offense.




956. When an offense involves the commission of, or an attempt to
commit a private injury, and is described with sufficient certainty
in other respects to identify the act, an erroneous allegation as to
the person injured, or intended to be injured, or of the place where
the offense was committed, or of the property involved in its
commission, is not material.



957. The words used in an accusatory pleading are construed in
their usual acceptance in common language, except such words and
phrases as are defined by law, which are construed according to their
legal meaning.


958. Words used in a statute to define a public offense need not be
strictly pursued in the accusatory pleading, but other words
conveying the same meaning may be used.



959. The accusatory pleading is sufficient if it can be understood
therefrom:
1. That it is filed in a court having authority to receive it,
though the name of the court be not stated.
2. If an indictment, that it was found by a grand jury of the
county in which the court was held, or if an information, that it was
subscribed and presented to the court by the district attorney of
the county in which the court was held.
3. If a complaint, that it is made and subscribed by some natural
person and sworn to before some officer entitled to administer oaths.

4. That the defendant is named, or if his name is unknown, that he
is described by a fictitious name, with a statement that his true
name is to the grand jury, district attorney, or complainant, as the
case may be, unknown.
5. That the offense charged therein is triable in the court in
which it is filed, except in case of a complaint filed with a
magistrate for the purposes of a preliminary examination.
6. That the offense was committed at some time prior to the filing
of the accusatory pleading.



959.1. (a) Notwithstanding Sections 740, 806, 949, and 959 or any
other law to the contrary, a criminal prosecution may be commenced by
filing an accusatory pleading in electronic form with the magistrate
or in a court having authority to receive it.
(b) As used in this section, accusatory pleadings include, but are
not limited to, the complaint, the information, and the indictment.

(c) A magistrate or court is authorized to receive and file an
accusatory pleading in electronic form if all of the following
conditions are met:
(1) The accusatory pleading is issued in the name of, and
transmitted by, a public prosecutor or law enforcement agency filing
pursuant to Chapter 5c (commencing with Section 853.5) or Chapter 5d
(commencing with Section 853.9), or by a clerk of the court with
respect to complaints issued for the offenses of failure to appear,
pay a fine, or comply with an order of the court.
(2) The magistrate or court has the facility to electronically
store the accusatory pleading for the statutory period of record
retention.
(3) The magistrate or court has the ability to reproduce the
accusatory pleading in physical form upon demand and payment of any
costs involved.
An accusatory pleading shall be deemed to have been filed when it
has been received by the magistrate or court.
When transmitted in electronic form, the accusatory pleading shall
be exempt from any requirement that it be subscribed by a natural
person. It is sufficient to satisfy any requirement that an
accusatory pleading, or any part of it, be sworn to before an officer
entitled to administer oaths, if the pleading, or any part of it,
was in fact sworn to and the electronic form indicates which parts of
the pleading were sworn to and the name of the officer who
administered the oath.
(d) Notwithstanding any other law, a notice to appear issued on a
form approved by the Judicial Council may be received and filed by a
court in electronic form, if the following conditions are met:
(1) The notice to appear is issued and transmitted by a law
enforcement agency prosecuting pursuant to Chapter 5c (commencing
with Section 853.5) or Chapter 5d (commencing with Section 853.9) of
Title 3 of Part 2 of this code, or Chapter 2 (commencing with Section
40300) of Division 17 of the Vehicle Code.
(2) The court has all of the following:
(A) The ability to receive the notice to appear in electronic
format.
(B) The facility to electronically store an electronic copy and
the data elements of the notice to appear for the statutory period of
record retention.
(C) The ability to reproduce the electronic copy of the notice to
appear and those data elements in printed form upon demand and
payment of any costs involved.
(3) The issuing agency has the ability to reproduce the notice to
appear in physical form upon demand and payment of any costs
involved.
(e) A notice to appear that is received under subdivision (d) is
deemed to have been filed when it has been accepted by the court and
is in the form approved by the Judicial Council.
(f) If transmitted in electronic form, the notice to appear is
deemed to have been signed by the defendant if it includes a
digitized facsimile of the defendant's signature on the notice to
appear. A notice to appear filed electronically under subdivision (d)
need not be subscribed by the citing officer. An electronically
submitted notice to appear need not be verified by the citing officer
with a declaration under penalty of perjury if the electronic form
indicates which parts of the notice are verified by that declaration
and the name of the officer making the declaration.



960. No accusatory pleading is insufficient, nor can the trial,
judgment, or other proceeding thereon be affected by reason of any
defect or imperfection in matter of form which does not prejudice a
substantial right of the defendant upon the merits.




961. Neither presumptions of law, nor matters of which judicial
notice is authorized or required to be taken, need be stated in an
accusatory pleading.


962. In pleading a judgment or other determination of, or
proceeding before, a Court or officer of special jurisdiction, it is
not necessary to state the facts constituting jurisdiction; but the
judgment or determination may be stated as given or made, or the
proceedings had. The facts constituting jurisdiction, however, must
be established on the trial.



963. In pleading a private statute, or an ordinance of a county or
a municipal corporation, or a right derived therefrom, it is
sufficient to refer to the statute or ordinance by its title and the
day of its passage, and the court must thereupon take judicial notice
thereof in the same manner that it takes judicial notice of matters
listed in Section 452 of the Evidence Code.



964. (a) In each county, the district attorney and the courts, in
consultation with any local law enforcement agencies that may desire
to provide information or other assistance, shall establish a
mutually agreeable procedure to protect confidential personal
information regarding any witness or victim contained in a police
report, arrest report, or investigative report if one of these
reports is submitted to a court by a prosecutor in support of a
criminal complaint, indictment, or information, or by a prosecutor or
law enforcement officer in support of a search warrant or an arrest
warrant.
(b) For purposes of this section, "confidential personal
information" includes, but is not limited to, an address, telephone
number, driver's license or California Identification Card number,
social security number, date of birth, place of employment, employee
identification number, mother's maiden name, demand deposit account
number, savings or checking account number, or credit card number.
(c) (1) This section may not be construed to impair or affect the
provisions of Chapter 10 (commencing with Section 1054) of Title 6 of
Part 2.
(2) This section may not be construed to impair or affect
procedures regarding informant disclosure provided by Sections 1040
to 1042, inclusive, of the Evidence Code, or as altering procedures
regarding sealed search warrant affidavits as provided by People v.
Hobbs (1994) 7 Cal.4th 948.
(3) This section shall not be construed to impair or affect a
criminal defense counsel's access to unredacted reports otherwise
authorized by law, or the submission of documents in support of a
civil complaint.
(4) This section applies as an exception to California Rule of
Court 243.1, as provided by paragraph (2) of subdivision (a) of that
rule.


965. When an instrument which is the subject of an indictment or
information for forgery has been destroyed or withheld by the act or
the procurement of the defendant, and the fact of such destruction or
withholding is alleged in the indictment, or information, and
established on the trial, the misdescription of the instrument is
immaterial.



966. In an accusatory pleading for perjury, or subornation of
perjury, it is sufficient to set forth the substance of the
controversy or matter in respect to which the offense was committed,
and in what court and before whom the oath alleged to be false was
taken, and that the court, or the person before whom it was taken,
had authority to administer it, with proper allegations of the
falsity of the matter on which the perjury is assigned; but the
accusatory pleading need not set forth the pleadings, records, or
proceedings with which the oath is connected, nor the commission or
authority of the court or person before whom the perjury was
committed.



967. In an accusatory pleading charging the theft of money, bank
notes, certificates of stock or valuable securities, or a conspiracy
to cheat or defraud a person of any such property, it is sufficient
to allege the theft, or the conspiracy to cheat or defraud, to be of
money, bank notes, certificates of stock or valuable securities
without specifying the coin, number, denomination, or kind thereof.




968. An accusatory pleading charging exhibiting, publishing,
passing, selling, or offering to sell, or having in possession, with
such intent, any lewd or obscene book, pamphlet, picture, print,
card, paper, or writing, need not set forth any portion of the
language used or figures shown upon such book, pamphlet, picture,
print, card, paper, or writing; but it is sufficient to state
generally the fact of the lewdness or obscenity thereof.



969. In charging the fact of a previous conviction of felony, or of
an attempt to commit an offense which, if perpetrated, would have
been a felony, or of theft, it is sufficient to state, "That the
defendant, before the commission of the offense charged herein, was
in (giving the title of the court in which the conviction was had)
convicted of a felony (or attempt, etc., or of theft)." If more than
one previous conviction is charged, the date of the judgment upon
each conviction may be stated, and all known previous convictions,
whether in this State or elsewhere, must be charged.



969a. Whenever it shall be discovered that a pending indictment or
information does not charge all prior felonies of which the defendant
has been convicted either in this State or elsewhere, said
indictment or information may be forthwith amended to charge such
prior conviction or convictions, and if such amendment is made it
shall be made upon order of the court, and no action of the grand
jury (in the case of an indictment) shall be necessary. Defendant
shall promptly be rearraigned on such information or indictment as
amended and be required to plead thereto.



969b. For the purpose of establishing prima facie evidence of the
fact that a person being tried for a crime or public offense under
the laws of this State has been convicted of an act punishable by
imprisonment in a state prison, county jail or city jail of this
State, and has served a term therefor in any penal institution, or
has been convicted of an act in any other state, which would be
punishable as a crime in this State, and has served a term therefor
in any state penitentiary, reformatory, county jail or city jail, or
has been convicted of an act declared to be a crime by any act or law
of the United States, and has served a term therefor in any penal
institution, the records or copies of records of any state
penitentiary, reformatory, county jail, city jail, or federal
penitentiary in which such person has been imprisoned, when such
records or copies thereof have been certified by the official
custodian of such records, may be introduced as such evidence.




969e. In charging the fact of a previous conviction for a violation
of Section 5652 of the Fish and Game Code, or of Section 13001 or
13002 of the Health and Safety Code or of Section 374b or 374d of the
Penal Code or of Section 23111, 23112, or 23113 of the Vehicle Code,
it is sufficient to state, "That the defendant, before the
commission of the offense charged herein, was in (giving the title of
the court in which the conviction was had) convicted of a violation
of (specifying the section violated)."



969f. (a) Whenever a defendant has committed a serious felony as
defined in subdivision (c) of Section 1192.7, the facts that make the
crime constitute a serious felony may be charged in the accusatory
pleading. However, the crime shall not be referred to as a serious
felony nor shall the jury be informed that the crime is defined as a
serious felony. This charge, if made, shall be added to and be a
part of the count or each of the counts of the accusatory pleading
which charged the offense. If the defendant pleads not guilty to the
offense charged in any count which alleges that the defendant
committed a serious felony, the question whether or not the defendant
committed a serious felony as alleged shall be tried by the court or
jury which tries the issue upon the plea of not guilty. If the
defendant pleads guilty of the offense charged, the question whether
or not the defendant committed a serious felony as alleged shall be
separately admitted or denied by the defendant.
(b) In charging an act or acts that bring the defendant within the
operation of paragraph (8) or (23) of subdivision (c) of Section
1192.7, it is sufficient for purposes of subdivision (a) if the
pleading states the following:
"It is further alleged that in the commission and attempted
commission of the foregoing offense, the defendant ____, personally
(inflicted great bodily injury on another person, other than an
accomplice) (used a firearm, to wit: ____,) (used a dangerous and
deadly weapon, to wit: ____,) within the meaning of Sections 667 and
1192.7 of the Penal Code."


969.5. (a) Whenever it shall be discovered that a pending complaint
to which a plea of guilty has been made under Section 859a does not
charge all prior felonies of which the defendant has been convicted
either in this state or elsewhere, the complaint may be forthwith
amended to charge the prior conviction or convictions and the
amendments may and shall be made upon order of the court. The
defendant shall thereupon be arraigned before the court to which the
complaint has been certified and shall be asked whether he or she has
suffered the prior conviction. If the defendant enters a denial,
his or her answer shall be entered in the minutes of the court. The
refusal of the defendant to answer is equivalent to a denial that he
or she has suffered the prior conviction.
(b) Except as provided in subdivision (c), the question of whether
or not the defendant has suffered the prior conviction shall be
tried by a jury impaneled for that purpose unless a jury is waived,
in which case it may be tried by the court.
(c) Notwithstanding the provisions of subdivision (b), the
question of whether the defendant is the person who has suffered the
prior conviction shall be tried by the court without a jury.



970. When several defendants are named in one accusatory pleading,
any one or more may be convicted or acquitted.



971. The distinction between an accessory before the fact and a
principal, and between principals in the first and second degree is
abrogated; and all persons concerned in the commission of a crime,
who by the operation of other provisions of this code are principals
therein, shall hereafter be prosecuted, tried and punished as
principals and no other facts need be alleged in any accusatory
pleading against any such person than are required in an accusatory
pleading against a principal.



972. An accessory to the commission of a felony may be prosecuted,
tried, and punished, though the principal may be neither prosecuted
nor tried, and though the principal may have been acquitted.



973. If the accusatory pleading in any criminal action has
heretofore been lost or destroyed or shall hereafter be lost or
destroyed, the court must, upon the application of the prosecuting
attorney or of the defendant, order a copy of such pleading to be
filed and substituted for the original, and when filed and
substituted, as provided in this section, the copy shall have the
same force and effect as if it were the original pleading.
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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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