California Assembly Bill AB622 Amended / Bill

 BILL NUMBER: AB 622AMENDED BILL TEXT AMENDED IN SENATE AUGUST 30, 2011 AMENDED IN SENATE JULY 12, 2011 AMENDED IN ASSEMBLY MAY 27, 2011 AMENDED IN ASSEMBLY MARCH 30, 2011 INTRODUCED BY Assembly Member Dickinson FEBRUARY 16, 2011 An act to  add Section 932.5 to, and to  add and repeal Section 939.22 of  ,  the Penal Code, relating to grand juries. LEGISLATIVE COUNSEL'S DIGEST AB 622, as amended, Dickinson. Civil grand juries.  Existing law requires each grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year, as specified.   This bill would require a civil grand jury to meet with the chief executive or department head of an agency subject to its investigation at least 21 days prior to the issuance of its final report to discuss the nature of the investigation and to receive the comments of the chief executive or department head, unless the meeting would be detrimental to the investigation, as specified. By requiring additional duties of local government officials, this bill would impose a state-mandated local program.  Under existing law, no person is permitted to be present during the criminal sessions of the grand jury except the members and witnesses actually under examination, and certain other specified persons, including, among others, the district attorney, an interpreter, and the officer having custody of a prisoner witness while the prisoner is testifying. This bill would, until January 1, 2017, authorize any witness who is called to give testimony under oath before a civil grand jury to have counsel present on his or her behalf while he or she is testifying, provided, however, that counsel or any law firm representing a witness shall not represent more than one witness in the same proceeding. The bill would impose other restrictions on counsel in connection with the grand jury proceedings. The bill would provide that a violation of these provisions by counsel is a violation of the Rules of Professional Conduct.  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 932.5 is added to the Penal Code, to read: 932.5. A civil grand jury shall meet with the chief executive or department head of an agency under investigation to discuss the nature of the investigation and to receive input from the chief executive or department head at least 21 days prior to the issuance of its final report, unless the presiding judge or supervising judge, in his or her own determination or upon request of the foreperson of the grand jury, determines that the meeting would be detrimental to the investigation.   SEC. 2.   SECTION 1.  Section 939.22 is added to the Penal Code, to read: 939.22. (a) Any witness who is called to give testimony under oath before a civil grand jury may have counsel present on his or her behalf while he or she is testifying. Any counsel present before the grand jury pursuant to this subdivision shall comply with all of the following: (1) Counsel shall not object to any questions asked of the witness or otherwise speak to the grand jury, but may advise the witness during the course of the examination. (2) Counsel shall not disclose or use anything heard in the grand jury room other than in the representation of the witness he or she represents. (3) Counsel, or any law firm representing a witness pursuant to this subdivision, shall not represent more than one witness in the same proceeding. (b) A violation of this section by counsel shall be a violation of the Rules of Professional Conduct and may be reported to the State Bar of California. (c) Nothing in this section shall be construed to grant a witness a constitutional right to counsel under the United States or California Constitutions nor grant any right to discovery for the subpoenaed witness. (d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.  SEC. 3.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.