Penal Code — Part 28 | PEN — United States — California law | Esheria

Penal Code

Part 28 of 29 · provisions 5,401–5,600

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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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Provisions of Penal Code

Showing 200 of 5,647

  1. 861.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A magistrate may delay a preliminary examination by one court day to meet the special needs of a young child witness or dependent person, and must warn the prosecution and defense not to coach the witness before the next appearance.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 861.5. Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, as defined in paragraph (3) of subdivision (f) of Section 288. The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness’ next appearance in the preliminary examination. (Amended by Stats. 2005, Ch. 279, Sec. 7. Effective January 1, 2006.)
  2. 862.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If a postponement occurs, the magistrate must either commit the defendant for examination, admit him to bail, or discharge him from custody if money is deposited as provided in the Code.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 862. If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money as provided in this Code, as security for his appearance at the time to which the examination is postponed. (Enacted 1872.)
  3. 863.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A magistrate signs an indorsement on the arrest warrant to commit the person for examination; if the sheriff is not present, the defendant may instead be placed in the custody of a peace officer.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 863. The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: “The within named A. B. having been brought before me under this warrant, is committed for examination to the Sheriff of ____.” If the Sheriff is not present, the defendant may be committed to the custody of a peace officer. (Enacted 1872.)
  4. 864.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    At the examination, the magistrate must first read the witnesses’ depositions to the defendant.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 864. At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information. (Amended by Stats. 1963, Ch. 1174.)
  5. 865.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Witnesses must be examined in the defendant’s presence, and they may be cross-examined on the defendant’s behalf.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 865. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. (Enacted 1872.)
  6. 866.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Defense witnesses may be sworn and examined after the people close their witnesses, but the magistrate can require an offer of proof and may block the testimony unless it meets the stated standard.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 866. (a) When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined. Upon the request of the prosecuting attorney, the magistrate shall require an offer of proof from the defense as to the testimony expected from the witness. The magistrate shall not permit the testimony of any defense witness unless the offer of proof discloses to the satisfaction of the magistrate, in his or her sound discretion, that the testimony of that witness, if believed, would be reasonably likely to establish an affirmative defense, negate an element of a crime charged, or impeach the testimony of a prosecution witness or the statement of a declarant testified to by a prosecution witness. (b) It is the purpose of a preliminary examination to establish whether there exists probable cause to believe that the defendant has committed a felony. The examination shall not be used for purposes of discovery. (c) This section shall not be construed to compel or authorize the taking of depositions of witnesses. (Amended June 5, 1990, by initiative Proposition 115, Sec. 16.)
  7. 866.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    The defendant may not be examined unless represented by counsel or unless he waives the right to counsel after being advised of that right at the examination.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 866.5. The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being advised at such examination of his right to aid of counsel. (Added by Stats. 1953, Ch. 1482.)
  8. 867.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    When a witness is being examined, the magistrate must exclude unexamined witnesses on request, keep witnesses from talking, and hold a hearing if exclusion is challenged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 867. While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been examined. The magistrate shall also order the witnesses not to converse with each other until they are all examined. The magistrate may also order, where feasible, that the witnesses be kept separated from each other until they are all examined. This section does not apply to the investigating officer or the investigator for the defendant, nor does it apply to officers having custody of persons brought before the magistrate. Either party may challenge the exclusion of any person under this section. Upon motion of either party, the magistrate shall hold a hearing, on the record, to determine if the person sought to be excluded is, in fact, a person excludable under this section. (Amended by Stats. 1986, Ch. 868, Sec. 1.)
  9. 868.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    The examination is generally open to the public, but the magistrate must exclude the public in certain circumstances, and the court must allow some family members to attend and stop them from discussing testimony.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 868. The examination shall be open and public. However, upon the request of the defendant and a finding by the magistrate that exclusion of the public is necessary in order to protect the defendant’s right to a fair and impartial trial, the magistrate shall exclude from the examination every person except the clerk, court reporter and bailiff, the prosecutor and his or her counsel, the Attorney General, the district attorney of the county, the investigating officer, the officer having custody of a prisoner witness while the prisoner is testifying, the defendant and his or her counsel, the officer having the defendant in custody, and a person chosen by the prosecuting witness who is not himself or herself a witness but who is present to provide the prosecuting witness moral support, provided that the person so chosen shall not discuss prior to or during the preliminary examination the testimony of the prosecuting witness with any person, other than the prosecuting witness, who is a witness in the examination. Upon motion of the prosecution, members of the alleged victim’s family shall be entitled to be present and seated during the examination. The court shall grant the motion unless the magistrate finds that the exclusion is necessary to protect the defendant’s right to a fair and impartial trial, or unless information provided by the defendant or noticed by the court establishes that there is a reasonable likelihood that the attendance of members of the alleged victim’s family poses a risk of affecting the content of the testimony of the victim or any other witness. The court shall admonish members of the alleged victim’s family who are present and seated during the examination not to discuss any testimony with family members, witnesses, or the public. Nothing in this section shall affect the exclusion of witnesses as provided in Section 867 of the Penal Code. For purposes of this section, members of the alleged victim’s family shall include the alleged victim’s spouse, parents, legal guardian, children, or siblings. (Amended by Stats. 1988, Ch. 277, Sec. 2.)
  10. 868.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Certain child witnesses and qualifying victims may be allowed to testify with a therapy or facility dog, if requested, available, and approved by the court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 868.4. (a) If requested by either party in a criminal or juvenile hearing, and if a therapy or facility dog is available to the party within the jurisdiction of the judicial district in which the case is being adjudicated, the following individuals shall be afforded the opportunity to have a therapy or facility dog accompany him or her while testifying in court, subject to the approval of the court: (1) A child witness in a court proceeding involving any serious felony, as defined in subdivision (c) of Section 1192.7, or any violent felony, as defined in subdivision (c) of Section 667.5. (2) A victim who is entitled to support persons pursuant to Section 868.5, in addition to any support persons selected pursuant to that section. (b) Before a therapy or facility dog may be used pursuant to subdivision (a), the party seeking to utilize the therapy or facility dog shall file a motion with the court, which shall include the following: (1) The training or credentials of the therapy or facility dog. (2) The training of the therapy or facility dog handler. (3) Facts justifying that the presence of the therapy or facility dog may reduce anxiety or otherwise be helpful to the witness while testifying. (c) If a party, pursuant to subdivision (b), makes a showing that the therapy or facility dog and handler are suitably qualified and will reasonably assist the testifying witness, the court may grant the motion, unless the court finds the use of a therapy or facility dog would cause undue prejudice to the defendant or would be unduly disruptive to the court proceeding. (d) The court shall take appropriate measures to make the presence of the therapy or facility dog as unobtrusive and nondisruptive as possible, including requiring the dog to be accompanied by a handler in the courtroom at all times. (e) If a therapy or facility dog is used during a criminal jury trial, the court shall, upon request, issue an appropriate jury instruction designed to prevent prejudice for or against any party. (f) This section does not prevent the court from removing or excluding a therapy or facility dog from the courtroom to maintain order or to ensure the fair presentation of evidence, as stated on the record. (g) (1) It is the intent of the Legislature in adding this section to codify the holding in People v. Chenault (2014) 227 Cal.App.4th 1503 with respect to allowing an individual witness to have a support dog accompany him or her when testifying in proceedings as provided in subdivision (a). (2) Nothing in this section abrogates the holding in People v. Chenault regarding the need to present appropriate jury instructions. (3) Nothing in this section limits the use of a service dog, as defined in Section 54.1 of the Civil Code, by a person with a disability. (h) As used in this section, the following definitions shall apply: (1) “Child witness” means any witness who is under the age of 18 at the time he or she testifies. (2) “Facility dog” means a dog that has successfully completed a training program in providing emotional comfort in a high-stress environment for the purpose of enhancing the ability of a witness to speak in a judicial proceeding and reducing his or her stress level, provided by an assistance dog organization accredited by Assistance Dogs International or a similar nonprofit organization that sets standards of training for dogs, and that has passed a public access test for service animals. (3) “Handler” means a person who has successfully completed training on offering an animal for assistance purposes from an organization accredited by Assistance Dogs International, Therapy Dogs Incorporated, or a similar nonprofit organization, and has received additional training on policies and protocols of the court and the responsibilities of a courtroom dog handler. (4) “Therapy dog” means a dog that has successfully completed training, certification, or evaluation in providing emotional support therapy in settings including, but not limited to, hospitals, nursing homes, and schools, provided by the American Kennel Club, Therapy Dogs Incorporated, or a similar nonprofit organization, and has been performing the duties of a therapy dog for not less than one year. (Added by Stats. 2017, Ch. 290, Sec. 1. (AB 411) Effective January 1, 2018.)
  11. 868.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A prosecuting witness in certain listed criminal cases may have up to two chosen support persons present during testimony, subject to limits and court control.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 868.5. (a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subdivision (b) of Section 209, Section 211, 215, 220, 236.1, 240, 242, 243.4, 245, 261, 266, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 266k, 267, 269, 273a, 273d, 273.5, 273.6, 278, 278.5, 285, 286, 287, 288, 288.5, 288.7, 289, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 422, 646.9, or 647.6, former Section 262, 277, 288a, or 647a, subdivision (1) of Section 314, or subdivision (b), (d), or (e) of Section 368 when the prosecuting witness is the elder or dependent adult, shall be entitled, for support, to the attendance of up to two persons of the prosecuting witness’ own choosing, one of whom may be a witness, at the preliminary hearing and at the trial, or at a juvenile court proceeding, during the testimony of the prosecuting witness. Only one of those support persons may accompany the witness to the witness stand, although the other may remain in the courtroom during the witness’ testimony. The person or persons so chosen shall not be a person described in Section 1070 of the Evidence Code unless the person or persons are related to the prosecuting witness as a parent, guardian, or sibling and do not make notes during the hearing or proceeding. (b) If the person or persons so chosen are also witnesses, the prosecution shall present evidence that the person’s attendance is both desired by the prosecuting witness for support and will be helpful to the prosecuting witness. Upon that showing, the court shall grant the request unless information presented by the defendant or noticed by the court establishes that the support person’s attendance during the testimony of the prosecuting witness would pose a substantial risk of influencing or affecting the content of that testimony. In the case of a juvenile court proceeding, the judge shall inform the support person or persons that juvenile court proceedings are confidential and may not be discussed with anyone not in attendance at the proceedings. In all cases, the judge shall admonish the support person or persons to not prompt, sway, or influence the witness in any way. This section does not preclude a court from exercising its discretion to remove a person from the courtroom whom it believes is prompting, swaying, or influencing the witness. (c) The testimony of the person or persons so chosen who are also witnesses shall be presented before the testimony of the prosecuting witness. The prosecuting witness shall be excluded from the courtroom during that testimony. Whenever the evidence given by that person or those persons would be subject to exclusion because it has been given before the corpus delicti has been established, the evidence shall be admitted subject to the court’s or the defendant’s motion to strike that evidence from the record if the corpus delicti is not later established by the testimony of the prosecuting witness. (Amended by Stats. 2021, Ch. 626, Sec. 39. (AB 1171) Effective January 1, 2022.)
  12. 868.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Counties are encouraged to provide a courthouse room for minors under 16, and new or substantially remodeled/refurbished courthouses must include that room.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 868.6. (a) It is the purpose of this section to provide a nonthreatening environment for minors involved in the judicial system in order to better enable them to speak freely and accurately of the experiences that are the subject of judicial inquiry. (b) Each county is encouraged to provide a room, located within, or within a reasonable distance from, the courthouse, for the use of minors under the age of 16. Should any such room reach full occupancy, preference shall be given to minors under the age of 16 whose appearance has been subpoenaed by the court. The room may be multipurpose in character. The county may seek the assistance of civic groups in the furnishing of the room and the provision of volunteers to aid in its operation and maintenance. If a county newly constructs, substantially remodels or refurbishes any courthouse or facility used as a courthouse on or after January 1, 1988, that courthouse or facility shall contain the room described in this subdivision. (Added by Stats. 1986, Ch. 976, Sec. 1.)
  13. 868.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A magistrate may close a witness examination during testimony on the prosecutor’s motion if the witness meets specified risk or vulnerability conditions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: (1) Who is a minor or a dependent person, as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm. (2) Whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat. (b) In any case where public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable. (Amended by Stats. 2009, Ch. 88, Sec. 73. (AB 176) Effective January 1, 2010.)
  14. 868.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    In certain criminal cases involving a person with a disability or a child under 11, the court must use special precautions to protect the witness and support their comfort.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 868.8. Notwithstanding any other provision of law, in any criminal proceeding in which the defendant is charged with a violation or attempted violation of subdivision (b) of Section 209, Section 220, 236.1, 243.4, 261, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, or 289, subdivision (1) of Section 314, Section 422, 646.9, 647.6, or former Section 288a or 647a, or any crime that constitutes domestic violence defined in Section 13700, committed with or upon a person with a disability or a minor under 11 years of age, the court shall take special precautions to provide for the comfort and support of the person with a disability or minor and to protect him or her from coercion, intimidation, or undue influence as a witness, including, but not limited to, any of the following: (a) In the court’s discretion, the witness may be allowed reasonable periods of relief from examination and cross-examination during which he or she may retire from the courtroom. The judge may also allow other witnesses in the proceeding to be examined when the person with a disability or child witness retires from the courtroom. (b) Notwithstanding Section 68110 of the Government Code, in his or her discretion, the judge may remove his or her robe if the judge believes that this formal attire intimidates the person with a disability or the minor. (c) In the court’s discretion the judge, parties, witnesses, support persons, and court personnel may be relocated within the courtroom to facilitate a more comfortable and personal environment for the person with a disability or the child witness. (d) In the court’s discretion, the taking of the testimony of the person with a disability or the minor may be limited to normal school hours if there is no good cause to take the testimony of the person with a disability or the minor during other hours. (e) For the purposes of this section, the term “disability” is defined in subdivision (j) of Section 12926 of the Government Code. (Amended by Stats. 2018, Ch. 423, Sec. 81. (SB 1494) Effective January 1, 2019.)
  15. 869.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section requires witness testimony in homicide cases, and in other cases when requested, to be written up as a deposition, and sets rules for shorthand reporting, transcript filing, and copy delivery.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 869. The testimony of each witness in cases of homicide shall be reduced to writing, as a deposition, by the magistrate, or under his or her direction, and in other cases upon the demand of the prosecuting attorney, or the defendant, or his or her counsel. The magistrate before whom the examination is had may, in his or her discretion, order the testimony and proceedings to be taken down in shorthand in all examinations herein mentioned, and for that purpose he or she may appoint a shorthand reporter. The deposition or testimony of the witness shall be authenticated in the following form: (a) It shall state the name of the witness, his or her place of residence, and his or her business or profession; except that if the witness is a peace officer, it shall state his or her name, and the address given in his or her testimony at the hearing. (b) It shall contain the questions put to the witness and his or her answers thereto, each answer being distinctly read to him or her as it is taken down, and being corrected or added to until it conforms to what he or she declares is the truth, except in cases where the testimony is taken down in shorthand, the answer or answers of the witness need not be read to him or her. (c) If a question put be objected to on either side and overruled, or the witness declines answering it, that fact, with the ground on which the question was overruled or the answer declined, shall be stated. (d) The deposition shall be signed by the witness, or if he or she refuses to sign it, his or her reason for refusing shall be stated in writing, as he or she gives it, except in cases where the deposition is taken down in shorthand, it need not be signed by the witness. (e) The reporter shall, within 10 days after the close of the examination, if the defendant be held to answer the charge of a felony, or in any other case if either the defendant or the prosecution orders the transcript, transcribe his or her shorthand notes, making an original and one copy and as many additional copies thereof as there are defendants (other than fictitious defendants), regardless of the number of charges or fictitious defendants included in the same examination, and certify and deliver the original and all copies to the clerk of the superior court in the county in which the defendant was examined. The reporter shall, before receiving any compensation as a reporter, file his or her affidavit setting forth that the transcript has been delivered within the time herein provided for. The compensation of the reporter for any services rendered by him or her as the reporter in any court of this state shall be reduced one-half if the provisions of this section as to the time of filing said transcript have not been complied with by him or her. (f) In every case in which a transcript is delivered as provided in this section, the clerk of the court shall file the original of the transcript with the papers in the case, and shall deliver a copy of the transcript to the district attorney immediately upon his or her receipt thereof and shall deliver a copy of said transcript to each defendant (other than a fictitious defendant) at least five days before trial or upon earlier demand by him or her without cost to him or her; provided, that if any defendant be held to answer to two or more charges upon the same examination and thereafter the district attorney shall file separate informations upon said several charges, the delivery to each such defendant of one copy of the transcript of the examination shall be a compliance with this section as to all of those informations. (g) If the transcript is delivered by the reporter within the time hereinbefore provided for, the reporter shall be entitled to receive the compensation fixed and allowed by law to reporters in the superior courts of this state. (Amended by Stats. 2002, Ch. 784, Sec. 534. Effective January 1, 2003.)
  16. 870.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    The magistrate or clerk must keep depositions, restrict access to listed people, and provide a transcript to the defendant or attorney on demand after commitment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 870. The magistrate or his or her clerk shall keep the depositions taken on the information or the examination, until they are returned to the proper court; and shall not permit them to be examined or copied by any person except a judge of a court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the Attorney General, district attorney, or other prosecuting attorney, and the defendant and his or her counsel; provided however, upon demand by the defendant or his or her attorney the magistrate shall order a transcript of the depositions taken on the information, or on the examination, to be immediately furnished the defendant or his or her attorney, after the commitment of the defendant as provided by Sections 876 and 877, and the reporter furnishing the depositions, shall receive compensation in accordance with Section 869. (Amended by Stats. 2002, Ch. 784, Sec. 535. Effective January 1, 2003.)
  17. 871.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If, after hearing the evidence, the magistrate finds no public offense or no sufficient cause to believe the defendant is guilty, the magistrate must dismiss the complaint and discharge the defendant.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 871. If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate shall order the complaint dismissed and the defendant to be discharged, by an indorsement on the depositions and statement, signed by the magistrate, to the following effect: “There being no sufficient cause to believe the within named A. B. guilty of the offense within mentioned, I order that the complaint be dismissed and that he or she shall be discharged.” (Amended by Stats. 1980, Ch. 938, Sec. 3.)
  18. 871.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section lets the prosecutor ask the superior court to reinstate a dismissed complaint, and sets related duties, deadlines, appeal rules, and transcript handling.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 871.5. (a) When an action is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of this code or Section 41403 of the Vehicle Code, or a portion thereof is dismissed pursuant to those same sections which may not be charged by information under Section 739, the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint or a portion thereof and to reinstate the custodial status of the defendant under the same terms and conditions as when the defendant last appeared before the magistrate. (b) Notice of the motion shall be made to the defendant and the magistrate. The only ground for the motion shall be that, as a matter of law, the magistrate erroneously dismissed the action or a portion thereof. (c) The superior court shall hear and determine the motion on the basis of the record of the proceedings before the magistrate. If the motion is litigated to decision by the prosecutor, the prosecution is prohibited from refiling the dismissed action, or portion thereof. (d) Within 10 days after the magistrate has dismissed the action or a portion thereof, the prosecuting attorney may file a written request for a transcript of the proceedings with the clerk of the magistrate. The reporter shall immediately transcribe his or her shorthand notes pursuant to Section 869 and file with the clerk of the superior court an original plus one copy, and as many copies as there are defendants (other than a fictitious defendant). The reporter shall be entitled to compensation in accordance with Section 869. The clerk of the superior court shall deliver a copy of the transcript to the prosecuting attorney immediately upon its receipt and shall deliver a copy of the transcript to each defendant (other than a fictitious defendant) upon his or her demand without cost. (e) When a court has ordered the resumption of proceedings before the magistrate, the magistrate shall resume the proceedings and when so ordered, issue an order of commitment for the reinstated offense or offenses within 10 days after the superior court has entered an order to that effect or within 10 days after the remittitur is filed in the superior court. Upon receipt of the remittitur, the superior court shall forward a copy to the magistrate. (f) Pursuant to paragraph (9) of subdivision (a) of Section 1238 the people may take an appeal from the denial of the motion by the superior court to reinstate the complaint or a portion thereof. If the motion to reinstate the complaint is granted, the defendant may seek review thereof only pursuant to Sections 995 and 999a. That review may only be sought in the event the defendant is held to answer pursuant to Section 872. (g) Nothing contained herein shall preclude a magistrate, upon the resumption of proceedings, from considering a motion made pursuant to Section 1318. If the superior court grants the motion for reinstatement and orders the magistrate to issue an order of commitment, the defendant, in lieu of resumed proceedings before the magistrate, may elect to waive his or her right to be committed by a magistrate, and consent to the filing of an amended or initial information containing the reinstated charge or charges. After arraignment thereon, he or she may adopt as a motion pursuant to Section 995, the record and proceedings of the motion taken pursuant to this section and the order issued pursuant thereto, and may seek review of the order in the manner prescribed in Section 999a. (Amended by Stats. 1993, Ch. 542, Sec. 1. Effective January 1, 1994.)
  19. 871.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    In certain felony cases, the people or the defendant may seek immediate appellate review by filing a writ petition in superior court, and the petition must take priority over other cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 871.6. If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section 859b, in violation of Section 859b, or continues the preliminary hearing without good cause and good cause is required by law for such a continuance, the people or the defendant may file a petition for writ of mandate or prohibition in the superior court seeking immediate appellate review of the ruling setting the hearing or granting the continuance. Such a petition shall have precedence over all other cases in the court to which the petition is assigned. If the superior court grants a peremptory writ, it shall issue the writ and a remittitur three court days after its decision becomes final as to the court if this action is necessary to prevent mootness or to prevent frustration of the relief granted, notwithstanding the rights of the parties to seek review in a court of appeal. When the superior court issues the writ and remittitur as provided in this section, the writ shall command the magistrate to proceed with the preliminary hearing without further delay, other than that reasonably necessary for the parties to obtain the attendance of their witnesses. The court of appeal may stay or recall the issuance of the writ and remittitur. The failure of the court of appeal to stay or recall the issuance of the writ and remittitur shall not deprive the parties of any right they would otherwise have to appellate review or extraordinary relief. (Added June 5, 1990, by initiative Proposition 115, Sec. 17.)
  20. 872.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If the examination shows a public offense and enough cause to believe the defendant is guilty, the magistrate must order the defendant held to answer. The section also allows probable cause to rest on certain sworn hearsay testimony from qualifying law enforcement officers.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 872. (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by him or her, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.” (b) Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer or honorably retired law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. An honorably retired law enforcement officer may only relate statements of declarants made out of court and offered for the truth of the matter asserted that were made when the honorably retired officer was an active law enforcement officer. Any law enforcement officer or honorably retired law enforcement officer testifying as to hearsay statements shall either have 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. (c) For purposes of subdivision (b), a law enforcement officer is any officer or agent employed by a federal, state, or local government agency to whom all of the following apply: (1) Has either five years of law enforcement experience or who has 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. (2) Whose primary responsibility is the enforcement of any law, the detection and apprehension of persons who have violated any law, or the investigation and preparation for prosecution of cases involving violation of laws. (Amended by Stats. 2013, Ch. 125, Sec. 1. (AB 568) Effective January 1, 2014. Note: This section was amended on June 5, 1990, by initiative Prop. 115.)
  21. 872.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    In a preliminary examination, the content of a writing may be proved by an admissible original or admissible secondary evidence, despite the cited Evidence Code provision.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 872.5. Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of a writing may be proved by an otherwise admissible original or otherwise admissible secondary evidence. (Repealed and added by Stats. 1998, Ch. 100, Sec. 7. Effective January 1, 1999.)
  22. 873.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If the offense is not bailable, specific words must be added to the indorsement.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 873. If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the Sheriff of the County of ____. ” (Enacted 1872.)
  23. 875.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If an offense is bailable and the defendant is admitted to bail, the order must include specified wording about the bail amount and commitment to the county sheriff until bail is given.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 875. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, “and that he be admitted to bail in the sum of ____ dollars, and is committed to the Sheriff of the County of ____ until he gives such bail.” (Amended by Code Amendments 1880, Ch. 60.)
  24. 876.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If a magistrate orders a defendant committed, the magistrate must prepare and sign a commitment and send it with the defendant; if the receiving officer is absent, a peace officer must deliver the defendant into proper custody with the commitment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 876. If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defendant into the proper custody, together with the commitment. (Enacted 1872.)
  25. 877.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section gives the required form of a commitment order, unless it is made under section 859a.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 877. The commitment must be to the following effect except when it is made under the provisions of section 859a of this code. County of ____ (as the case may be). The people of the State of California to the sheriff of the county of ____: An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this ____ day of ____ nineteen ____. (Amended by Stats. 1935, Ch. 217.)
  26. 877a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If a commitment is made under section 859a, it must follow the specified form directing the sheriff to take the defendant into custody and hold the defendant until lawfully discharged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 877a. When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect: County of ____ (as the case may be). The people of the State of California to the sheriff of the county of ____. A. B. having pleaded guilty to the offense of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this ____ day of ____ nineteen ____. (Added by Stats. 1935, Ch. 217.)
  27. 878.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A magistrate may take a written undertaking from each material witness in these criminal procedure situations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 878. On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statements or case are to be sent, or that he will forfeit the sum of five hundred dollars. (Amended by Stats. 1935, Ch. 217.)
  28. 879.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A magistrate or judge may require a witness to sign a written undertaking with sureties if the judge is satisfied on oath that the witness may not appear and testify without security.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 879. When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section. (Enacted 1872.)
  29. 88.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER [85 - 88] ( Title 6 enacted 1872. )

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    Certain legislators and local legislative body members who are convicted of a crime defined in this title lose their office and are permanently barred from holding office in the state or its subdivisions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER [85 - 88] ( Title 6 enacted 1872. ) ## 88. Every Member of the Legislature, and every member of a legislative body of a city, county, city and county, school district, or other special district convicted of any crime defined in this title, in addition to the punishment prescribed, forfeits his or her office and is forever disqualified from holding any office in this state or a political subdivision thereof. (Amended by Stats. 2006, Ch. 435, Sec. 3. Effective September 24, 2006.)
  30. 880.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    Infants who are material witnesses against the defendant may be required to provide sureties for their appearance.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 880. Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section. (Amended by Stats. 1977, Ch. 579.)
  31. 881.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    This section lets a court or magistrate hold a material witness in custody or require an undertaking to appear and testify, and it gives the prosecution and defendant certain timing rights.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 881. (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate shall commit him or her to prison until he or she complies or is legally discharged. (b) If a witness fails to appear at the preliminary hearing in response to a subpoena, the court may hear evidence, including testimony or an affidavit from the arresting or interviewing officer, and if the court determines on the basis of the evidence that the witness is a material witness, the court shall issue a bench warrant for the arrest of the witness, and upon the appearance of the witness, may commit him or her into custody until the conclusion of the preliminary hearing, or until the defendant enters a plea of nolo contendere, or the witness is otherwise legally discharged. The court may order the witness to enter into a written undertaking to the effect that he or she will appear and testify at the time and place ordered by the court or that he or she will forfeit an amount that the court deems proper. (c) Once the material witness has been taken into custody on the bench warrant he or she shall be brought before the magistrate issuing the warrant, if available, within two court days for a hearing to determine if the witness should be released on security of appearance or maintained in custody. (d) A material witness shall remain in custody under this section for no longer than 10 days. (e) If a material witness is being held in custody under this section the prosecution is entitled to have the preliminary hearing proceed, as to this witness only, within 10 days of the arraignment of the defendant. Once this material witness has completed his or her testimony the defendant shall be entitled to a reasonable continuance. (Amended by Stats. 1987, Ch. 828, Sec. 53.)
  32. 882.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    A witness who cannot get sureties may be conditionally examined on behalf of the people.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 882. When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he or she may be forthwith conditionally examined on behalf of the people. The examination shall be by question and answer, in the presence of the defendant, or after notice to him or her, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this code to be conducted, and the witness thereupon discharged; and the deposition may be used upon the trial of the defendant, except in cases of homicide, under the same conditions as mentioned in Section 1345; but this section does not apply to an accomplice in the commission of the offense charged. (Amended by Stats. 1987, Ch. 828, Sec. 54.)
  33. 883.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. )

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    If a magistrate discharges a defendant or holds the defendant to answer, the magistrate must promptly send the warrant (if any), depositions, and bail or witness-appearance undertakings to the Clerk of the Court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883] ( Heading of Title 3 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858 - 883] ( Chapter 7 enacted 1872. ) ## 883. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses taken by him. (Enacted 1872.)
  34. 888.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    Grand juries are sworn to inquire into public offenses in the county and to investigate county civil matters.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 888. A grand jury is a body of the required number of persons returned from the citizens of the county before a court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county. Each grand jury or, if more than one has been duly impaneled pursuant to Sections 904.4 to 904.8, inclusive, one grand jury in each county, shall be charged and sworn to investigate or inquire into county matters of civil concern, such as the needs of county officers, including the abolition or creation of offices for, the purchase, lease, or sale of equipment for, or changes in the method or system of, performing the duties of the agencies subject to investigation pursuant to Section 914.1. (Amended by Stats. 2025, Ch. 67, Sec. 157. (AB 1170) Effective January 1, 2026.)
  35. 888.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    This section defines “required number” for a grand jury, with different numbers based on county population.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 888.2. As used in this title as applied to a grand jury, “required number” means: (a) Twenty-three in a county having a population exceeding 4,000,000. (b) Eleven in a county having a population of 20,000 or less, upon the approval of the board of supervisors. (c) Nineteen in all other counties. (Amended by Stats. 1994, Ch. 295, Sec. 1. Effective January 1, 1995.)
  36. 889.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    An indictment is a written accusation presented by the grand jury to a competent court charging a person with a public offense.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 889. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense. (Added by Stats. 1959, Ch. 501.)
  37. 890.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    Grand jurors are paid $15 per day for each day they attend as a grand juror, unless a statute or local ordinance sets a higher fee or mileage rate.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 890. Unless a higher fee or rate of mileage is otherwise provided by statute or county or city and county ordinance, the fees for grand jurors are fifteen dollars ($15) a day for each day’s attendance as a grand juror, and the mileage reimbursement applicable to county employees for each mile actually traveled in attending court as a grand juror. (Amended by Stats. 2001, Ch. 218, Sec. 1. Effective January 1, 2002. Operative July 1, 2002, by Sec. 2 of Ch. 218.)
  38. 890.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    County grand juror per diem and mileage must be paid by the county treasurer from the county general fund, based on warrants from the county auditor and the superior court judge’s written order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 890.1. The per diem and mileage of grand jurors where allowed by law shall be paid by the treasurer of the county out of the general fund of the county upon warrants drawn by the county auditor upon the written order of the judge of the superior court of the county. (Added by Stats. 1959, Ch. 501.)
  39. 891.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    It is a misdemeanor to willfully and knowingly record, or try to record, grand jury proceedings while the jury is deliberating or voting, and to listen to or observe those proceedings without the grand jury’s consent.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 891. Every person who, by any means whatsoever, willfully and knowingly, and without knowledge and consent of the grand jury, records, or attempts to record, all or part of the proceedings of any grand jury while it is deliberating or voting, or listens to or observes, or attempts to listen to or observe, the proceedings of any grand jury of which he is not a member while such jury is deliberating or voting is guilty of a misdemeanor. This section is not intended to prohibit the taking of notes by a grand juror in connection with and solely for the purpose of assisting him in the performance of his duties as such juror. (Added by Stats. 1959, Ch. 501.)
  40. 892.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. )

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    The grand jury may proceed against a corporation.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 1. General Provisions [888 - 892] ( Chapter 1 added by Stats. 1959, Ch. 501. ) ## 892. The grand jury may proceed against a corporation. (Amended by Stats. 1973, Ch. 249.)
  41. 893.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. Qualifications of Grand Jurors [893 - 894] ( Article 1 added by Stats. 1959, Ch. 501. )

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    A person may serve as a grand juror only if they meet the listed qualifications, and several disqualifying conditions make them ineligible.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. Qualifications of Grand Jurors [893 - 894] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 893. (a) A person is competent to act as a grand juror only if he possesses each of the following qualifications: (1) He is a citizen of the United States of the age of 18 years or older who shall have been a resident of the state and of the county or city and county for one year immediately before being selected and returned. (2) He is in possession of his natural faculties, of ordinary intelligence, of sound judgment, and of fair character. (3) He is possessed of sufficient knowledge of the English language. (b) A person is not competent to act as a grand juror if any of the following apply: (1) The person is serving as a trial juror in any court of this state. (2) The person has been discharged as a grand juror in any court of this state within one year. (3) The person has been convicted of malfeasance in office or any felony or other high crime. (4) The person is serving as an elected public officer. (Amended by Stats. 1973, Ch. 416.)
  42. 894.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. Qualifications of Grand Jurors [893 - 894] ( Article 1 added by Stats. 1959, Ch. 501. )

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    This section says other Code of Civil Procedure sections list exemptions and excuses that can relieve a person from serving as a grand juror.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. Qualifications of Grand Jurors [893 - 894] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 894. Sections 204, 218, and 219 of the Code of Civil Procedure specify the exemptions and the excuses which relieve a person from liability to serve as a grand juror. (Amended by Stats. 1989, Ch. 1416, Sec. 37.)
  43. 895.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    Each county’s superior court must order an estimated number of grand jurors during the month before the county fiscal year begins.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 895. During the month preceding the beginning of the fiscal year of the county, the superior court of each county shall make an order designating the estimated number of grand jurors that will, in the opinion of the court, be required for the transaction of the business of the court during the ensuing fiscal year as provided in Section 905.5. (Amended by Stats. 1974, Ch. 393.)
  44. 896.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    After an order under Section 895, the court must interview and select qualified grand jurors, and selected persons must sign an availability statement before being listed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 896. (a) Immediately after an order is made pursuant to Section 895, the court shall select the grand jurors required by personal interview for the purpose of ascertaining whether they possess the qualifications prescribed by subdivision (a) of Section 893. If a person so interviewed, in the opinion of the court, possesses the necessary qualifications, in order to be listed the person shall sign a statement declaring that the person will be available for jury service for the number of hours usually required of a member of the grand jury in that county. (b) The selections shall be made of men and women who are not exempt from serving and who are suitable and competent to serve as grand jurors pursuant to Sections 893, 898, and 899. The court shall list the persons so selected and required by the order to serve as grand jurors during the ensuing fiscal year of the county, or until a new list of grand jurors is provided, and shall at once place this list in the possession of the jury commissioner. (Amended by Stats. 2003, Ch. 149, Sec. 69. Effective January 1, 2004.)
  45. 898.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    In counties with more than four million people, the grand juror list must include the number of persons set by the court’s order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 898. The list of grand jurors made in a county having a population in excess of four million shall contain the number of persons which has been designated by the court in its order. (Amended by Stats. 1963, Ch. 259.)
  46. 899.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    People making the grand jury list must select names proportionally from the county’s wards, judicial districts, or supervisorial districts, using the best inhabitant estimate they can make.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 899. The names for the grand jury list shall be selected from the different wards, judicial districts, or supervisorial districts of the respective counties in proportion to the number of inhabitants therein, as nearly as the same can be estimated by the persons making the lists. The grand jury list shall be kept separate and distinct from the trial jury list. In a county of the first class, the names for such list may be selected from the county at large. (Amended by Stats. 1969, Ch. 64.)
  47. 900.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    The jury commissioner must file the selected-juror list, publish it once in a county newspaper, and then prepare the grand jury box using one of two listed methods.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 900. On receiving the list of persons selected by the court, the jury commissioner shall file it in the jury commissioner’s office and have the list, which shall include the name of the judge who selected each person on the list, published one time in a newspaper of general circulation, as defined in Section 6000 of the Government Code, in the county. The jury commissioner shall then do either of the following: (a) Write down the names on the list onto separate pieces of paper of the same size and appearance, fold each piece so as to conceal the name, and deposit the pieces in a box to be called the “grand jury box.” (b) Assign a number to each name on the list and place, in a box to be called the “grand jury box,” markers of the same size, shape, and color, each containing a number which corresponds with a number on the list. (Amended by Stats. 2003, Ch. 149, Sec. 70. Effective January 1, 2004.)
  48. 9000.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Board,” “Sex Offender,” “Treatment,” “Management,” and “Supervision.”

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. ) ## 9000. As used in this chapter, the following definitions apply: (a) “Board” means the Sex Offender Management Board created in this chapter. (b) “Sex Offender” means any person who is required to register as a sex offender under Section 290 of the Penal Code. (c) “Treatment” means a set of specialized interventions delivered by qualified mental health professionals and designed to address the multiple psychological and physiological factors found to be associated with sexual offending. (d) “Management” means a comprehensive and collaborative team approach to regulating, controlling, monitoring, and otherwise influencing the current and, insofar as is possible, the future behavior of sex offenders who are living in the community and are directly under the authority of the criminal justice system or of another governmental agency performing similar functions. The overriding purpose of management of sex offenders is to enhance community safety by preventing future sexual victimization. Management includes supervision and specialized treatment as well as a variety of other interventions. (e) “Supervision” means a specialized approach to the process of overseeing, insofar as authority to do so is granted to the supervising agency, all significant aspects of the lives of sex offenders who are being managed, as described in subdivision (d). This approach includes traditional methods as well as techniques and tools specifically designed to respond to the risks to community safety raised by sex offenders. Supervision is one component of management. (Added by Stats. 2006, Ch. 338, Sec. 1. Effective September 20, 2006.)
  49. 9001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. )

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    This section creates the California Sex Offender Management Board, sets its membership, and assigns appointment, staffing, and vacancy-handling rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. ) ## 9001. (a) The California Sex Offender Management Board, which is hereby created under the jurisdiction of the Department of Corrections and Rehabilitation, shall consist of 19 members. The membership of the board shall reflect, to the extent possible, representation of northern, central, and southern California, as well as both urban and rural areas. Each appointee to the board, regardless of the appointing authority, shall have the following characteristics: (1) Substantial prior knowledge of issues related to sex offenders, at least insofar as related to the appointee’s own agency’s practices. (2) Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or constituency represented. (3) A willingness to serve on the board and a commitment to contribute to the board’s work. (b) The membership of the board shall consist of the following persons: (1) State government agencies: (A) The Attorney General or a designee who shall be an authority in policy areas pertaining to sex offenders and shall have expertise in dealing with sex offender registration, notification, and enforcement. (B) The Secretary of the Department of Corrections and Rehabilitation or a designee who has expertise in parole policies and practices. (C) The Director of the Division of Adult Parole Operations or a designee. (D) One California state judge, appointed by the Judicial Council. (E) The Director of State Hospitals or a designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders. (F) The Executive Director of the Office of Youth and Community Restoration within the California Health and Human Services Agency or a designee who has expertise in the treatment or supervision of juvenile sex offenders. (2) Local government agencies: (A) Three members who represent law enforcement, appointed by the Governor. One member shall possess investigative expertise and one member shall have law enforcement duties that include registration and notification responsibilities, and one shall be a chief probation officer. (B) One member who represents prosecuting attorneys, appointed by the Senate Committee on Rules. The member shall have expertise in dealing with adult sex offenders. (C) One member who represents probation officers, appointed by the Speaker of the Assembly. (D) One member who represents criminal defense attorneys, appointed by the Speaker of the Assembly. (E) One member who is a county administrator, appointed by the Governor. (F) One member who is a city manager or a designee, appointed by the Speaker of the Assembly. (3) Nongovernmental agencies: (A) Two members who are licensed mental health professionals with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, appointed by the Senate Committee on Rules. (B) One member who is a licensed mental health professional with experience treating juvenile sex offenders and who can represent those who provide evaluation and treatment for juvenile sex offenders, appointed by the Speaker of the Assembly. (C) Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the Governor. (c) The board shall appoint a chair from among the members appointed pursuant to subdivision (b). The chair shall serve in that capacity at the pleasure of the board. (d) Each member of the board who is appointed pursuant to this section shall serve without compensation. (e) If a board member is unable to adequately perform the required duties or is unable to attend more than three meetings in a single 12-month period, the member is subject to removal from the board by a majority vote of the full board. (f) Any vacancy on the board as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy. (g) The board may create, at its discretion, subcommittees or task forces to address specific issues. These may include board members as well as invited experts and other participants. (h) The board shall hire a coordinator who has relevant experience in policy research. The board may hire other staff as funding permits. (i) In the course of performing its duties, the board shall, when possible, make use of the available resources of research agencies such as the Legislative Analyst’s Office, the California Research Bureau, the California State University system, including schools of public policy and criminology, and other similar sources of assistance. (j) Staff support services for the board shall be provided by staff of the Department of Corrections and Rehabilitation as directed by the secretary. (Amended by Stats. 2021, Ch. 80, Sec. 22. (AB 145) Effective July 16, 2021.)
  50. 9002.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. )

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    The board must address sex-offender community management issues, use safer communities as its guiding objective, and may hold public hearings when it thinks necessary.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. ) ## 9002. (a) The board shall address any issues, concerns, and problems related to the community management of sex offenders. The main objective of the board, which shall be used to guide the board in prioritizing resources and use of time, is to achieve safer communities by reducing victimization. (b) The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public. (c) The members of the board shall be immune from liability for good faith conduct under this chapter. (Amended by Stats. 2017, Ch. 541, Sec. 15. (SB 384) Effective January 1, 2018.)
  51. 9003.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. )

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    The board must set certification standards for sex offender management professionals, programs, and polygraph examiners, publish the standards, and process related background checks and fees.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9. PUNISHMENT OPTIONS [8000 - 9003] ( Heading of Title 9 amended by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 2. ) ## CHAPTER 3. Sex Offender Management Board [9000 - 9003] ( Chapter 3 added by Stats. 2006, Ch. 338, Sec. 1. ) ## 9003. (a) On or before July 1, 2011, the board shall develop and update standards for certification of sex offender management professionals. All those professionals who provide sex offender management programs and risk assessments, pursuant to Section 290.09, shall be certified by the board according to these standards. The standards shall be published on the board’s Internet Web site. Professionals may apply to the board for certification on or after August 1, 2011. (1) (A) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all sex offender management applicants, as defined by subdivision (a), for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state arrests or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal. (B) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the board. (C) The Department of Justice shall provide a state and federal response to the board pursuant to paragraph (1) of subdivision (l) of Section 11105. (D) The board shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2, for persons described in subdivision (a). (2) The board shall require any person who applies for certification under this section to submit information relevant to the applicant’s fitness to provide sex offender management services. Any person who knowingly provides false information under this paragraph shall be subject to a civil penalty in an amount up to one thousand five hundred dollars ($1,500), in addition to any other remedies available to the board. An action for a civil penalty under this provision may be brought by any public prosecutor in the name of the people of the State of California. (3) The board shall assess a fee to the applicant not to exceed one hundred eighty dollars ($180) per application. The board shall pay a fee to the Department of Justice sufficient to cover the cost of processing the criminal background request specified in this section. (b) On or before July 1, 2011, the board shall develop and update standards for certification of sex offender management programs, which shall include treatment, as specified, and dynamic and future violence risk assessments pursuant to Section 290.09. The standards shall be published on the board’s Internet Web site. All those programs shall include polygraph examinations by a certified polygraph examiner, which shall be conducted as needed during the period that the offender is in the sex offender management program. Only certified sex offender management professionals whose programs meet the standards set by the board are eligible to provide sex offender management programs pursuant to Section 290.09. (c) Certified sex offender management professionals, who provide sex offender management programs and risk assessments pursuant to Section 290.09, shall not be held civilly liable for any criminal acts committed by the persons on parole, probation, or judicial commitment status who receive supervision or treatment. This waiver of liability shall apply to certified sex offender management professionals, administrators of the programs provided by those professionals, and to agencies or persons under contract to those professionals who provide screening, clinical evaluation, risk assessment, supervision, or treatment to sex offender parolees, probationers, or persons on conditional release pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) On or before July 1, 2011, the board shall develop and update standards for certification of polygraph examiners. The standards shall be published on the board’s Internet Web site. (Amended by Stats. 2011, Ch. 357, Sec. 7. (AB 813) Effective January 1, 2012.)
  52. 901.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    People whose names are returned become regular jurors and serve for one year, with a possible second year for up to 10 of them if the superior court agrees and they consent.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 901. (a) The persons whose names are so returned shall be known as regular jurors, and shall serve for one year and until other persons are selected and returned. (b) If the superior court so decides, the presiding judge may name up to 10 regular jurors not previously so named, who served on the previous grand jury and who so consent, to serve for a second year. (c) The court may also decide to select grand jurors pursuant to Section 908.2. (Amended by Stats. 1988, Ch. 886, Sec. 1.)
  53. 902.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. )

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    Grand juror names must be drawn from the grand jury box, using the paper pieces or markers placed there under Section 900. Unused names at the end of the county fiscal year may be carried over to the next fiscal year’s grand jury list.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Listing and Selection of Grand Jurors [895 - 902] ( Article 2 added by Stats. 1959, Ch. 501. ) ## 902. The names of persons drawn for grand jurors shall be drawn from the grand jury box by withdrawing either the pieces of paper placed therein pursuant to subdivision (a) of Section 900 or the markers placed therein pursuant to subdivision (b) of Section 900. If, at the end of the fiscal year of the county, there are the names of persons in the grand jury box who have not been drawn during the fiscal year to serve and have not served as grand jurors, the names of such persons may be placed on the list of grand jurors drawn for the succeeding fiscal year. (Amended by Stats. 1974, Ch. 393.)
  54. 903.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The jury commissioner must give the judges an annual list of qualified grand jurors, and the judges may issue rules or instructions to guide the commissioner.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 903.1. Pursuant to written rules or instructions adopted by a majority of the judges of the superior court of the county, the jury commissioner shall furnish the judges of the court annually a list of persons qualified to serve as grand jurors during the ensuing fiscal year of the county, or until a new list of jurors is required. From time to time, a majority of the judges of the superior court may adopt such rules or instructions as may be necessary for the guidance of the jury commissioner, who shall at all times be under the supervision and control of the judges of the court. Any list of jurors prepared pursuant to this article must, however, meet the requirements of Section 899. (Amended by Stats. 1974, Ch. 393.)
  55. 903.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The jury commissioner must investigate the qualifications of county residents who may be called for grand jury duty, may question people under oath, and has power to administer oaths.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 903.2. The jury commissioner shall diligently inquire and inform himself or herself in respect to the qualifications of persons resident in his or her county who may be liable to be summoned for grand jury duty. He or she may require a person to answer, under oath to be administered by him or her, all questions as he or she may address to that person, touching his or her name, age, residence, occupation, and qualifications as a grand juror, and also all questions as to similar matters concerning other persons of whose qualifications for grand jury duty he or she has knowledge. The commissioner and his or her assistants, referred to in Sections 69895 and 69896 of the Government Code, shall have the power to administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties. Those traveling expenses shall be audited, allowed, and paid out of the general fund of the county. (Amended by Stats. 2008, Ch. 179, Sec. 179. Effective January 1, 2009.)
  56. 903.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The jury commissioner must return a recommended grand-jury list to the judges, and the superior court judges must examine it before a majority may select grand jurors from that list.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 903.3. Pursuant to the rules or instructions adopted by a majority of the judges of the superior court, the jury commissioner shall return to the judges the list of persons recommended by him for grand jury duty. The judges of the superior court shall examine the jury list so returned and from such list a majority of the judges may select, to serve as grand jurors in the superior court of the county during the ensuing year or until a new list of jurors is required, such persons as, in their opinion, should be selected for grand jury duty. The persons so selected shall, in the opinion of the judges selecting them, be persons suitable and competent to serve as jurors, as required by law. (Added by Stats. 1959, Ch. 501.)
  57. 903.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    Judges do not have to pick any name from the jury commissioner’s list, and may choose any or all suitable county residents to serve as grand jurors if they think justice requires it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Jury Commissioners [903.1 - 903.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 903.4. The judges are not required to select any name from the list returned by the jury commissioner, but may, if in their judgment the due administration of justice requires, make every or any selection from among the body of persons in the county suitable and competent to serve as grand jurors regardless of the list returned by the jury commissioner. (Amended by Stats. 2011, Ch. 296, Sec. 214. (AB 1023) Effective January 1, 2012.)
  58. 904.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    A superior court must file an order with the jury commissioner to draw a grand jury when the public interest requires it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2003, Ch. 149, Sec. 72. Effective January 1, 2004.)
  59. 904.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    In certain counties, the presiding judge may order one additional grand jury if the district attorney applies, must examine selected jurors for competence, and the extra grand jury generally serves for one year.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1991, Ch. 1109, Sec. 1.)
  60. 904.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    A judge may order one additional grand jury in a county or city and county, and the judge must pick and examine jurors at random from the trial juror list.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2005, Ch. 25, Sec. 1. Effective January 1, 2006.)
  61. 904.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    In San Bernardino County, the presiding judge (or a judge designated by that judge) may impanel an additional civil grand jury, select and screen jurors at random, and set its term; the jury may investigate oversight matters but may not issue indictments.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 904.7. (a) Notwithstanding subdivision (a) of Section 904.6 or any other provision, in the County of San Bernardino, 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 an additional civil 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 an additional grand jury. (c) Any additional civil grand jury that is impaneled pursuant to this section may serve for a term as determined by the presiding judge or the judge appointed by the presiding judge to supervise the civil grand jury, but may be discharged at any time within the set term by order of the presiding judge or the judge appointed by the presiding judge to supervise the civil grand jury. In no event shall more than one additional civil grand jury be impaneled pursuant to this section at the same time. (d) Whenever an additional civil grand jury is impaneled pursuant to this section, it may inquire into matters of oversight, conduct investigations, issue reports, and make recommendations, except for any matters that the regular grand jury is inquiring into at the time of its impanelment. Any additional civil grand jury impaneled pursuant to this section shall not have jurisdiction to issue indictments. (e) It is the intent of the Legislature that, in the County of San Bernardino, all persons qualified for jury service shall have an equal opportunity to be considered for service as grand jurors within the county, and that they have an obligation to serve, when summoned for that purpose. All persons selected for an additional 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. (Amended by Stats. 2011, Ch. 304, Sec. 7. (SB 428) Effective January 1, 2012.)
  62. 904.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    In Los Angeles County, a specified judge may order up to two additional grand juries, selected at random from eligible jurors; the grand juries may serve for one year and have limited inquiry and indictment authority.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 2007, Ch. 82, Sec. 1. Effective January 1, 2008.)
  63. 905.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    Each county must have at least one grand jury drawn and impaneled every year.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 905. In all counties there shall be at least one grand jury drawn and impaneled in each year. (Amended by Stats. 1982, Ch. 1408, Sec. 3.)
  64. 905.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    Grand juries generally serve during the county fiscal year, but the county board of supervisors may switch them to the calendar year and must arrange an appropriate transition.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1984, Ch. 344, Sec. 1. Effective July 10, 1984.)
  65. 906.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    The order must set the time for the grand jury drawing, and the jurors must be drawn, certified, and summoned in the same way as trial jurors.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  66. 907.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    A summoned grand juror who willfully and without reasonable excuse fails to attend may be compelled to appear, and the court may fine the juror up to $50.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Repealed and added by Stats. 1959, Ch. 501.)
  67. 908.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    This section says how a grand jury is formed when the required number of summoned and unexcused persons are present, too many are present, or too few are present.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2003, Ch. 149, Sec. 73. Effective January 1, 2004.)
  68. 908.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    If a grand jury loses members, the jury commissioner may fill the vacancies in court, and a newly selected grand juror may not vote on matters that already had evidence taken before selection.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2003, Ch. 149, Sec. 74. Effective January 1, 2004.)
  69. 908.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    This section sets how grand jurors are selected, how long they serve, and limits service to one year.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2003, Ch. 149, Sec. 75. Effective January 1, 2004.)
  70. 909.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    The court must make sure a person drawn as a grand juror is qualified before accepting them, and must accept a qualified person unless the court excuses them on the juror’s application before they are sworn.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  71. 910.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    Challenges to the grand jury panel or an individual grand juror are not allowed, except when the court makes the challenge for lack of qualification under Section 909.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  72. 911.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    Each grand juror must take an oath to support the U.S. and California Constitutions and laws, investigate and present public offenses, keep grand jury matters secret, and keep the court’s charge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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.” (Amended by Stats. 1983, Ch. 111, Sec. 4.)
  73. 912.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    The court must appoint a foreman from the summoned grand jurors who appear, and must appoint a new foreman if the appointed one is excused or discharged before the grand jury is dismissed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  74. 913.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. )

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    If no grand jury exists, the Attorney General may demand that one be impaneled, and the people responsible for impaneling it must do so.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 2. Formation of Grand Jury [893 - 913] ( Chapter 2 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Impaneling of Grand Jury [904 - 913] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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 so. (Added by Stats. 1959, Ch. 501.)
  75. 914.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The court must charge the grand jury when it is sworn, give it needed information, and ensure training for civil-matters work; related costs are covered from existing resources.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1997, Ch. 443, Sec. 3. Effective January 1, 1998.)
  76. 914.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    When a grand jury is impaneled, the superior court judge must direct it to review specified code provisions and report whether they were followed.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1988, Ch. 1297, Sec. 2.)
  77. 914.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The grand jury may not spend more than its investigation budget or incur obligations above that amount unless the presiding judge approves the expenditure in advance after the board of supervisors has been advised.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1970, Ch. 740.)
  78. 915.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The grand jury must retire to a private room and inquire into offenses and civil matters after being impaneled, sworn, and charged, unless it is operating under a finding under Section 939.1. The court must discharge the grand jury or affected jurors when the business is completed or a juror’s prescribed term ends.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1988, Ch. 1297, Sec. 3.)
  79. 916.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    Each grand jury must choose its officers (except the foreman), set its procedure rules, and use concurrence rules for public actions and final reports.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1988, Ch. 1297, Sec. 4.)
  80. 916.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    If the grand jury foreman is absent or disqualified, the grand jury may choose a member to act as foreman pro tempore.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  81. 916.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    Certain grand jurors must tell the foreperson and court about qualifying agency employment and recuse themselves from related civil investigations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 916.2. (a) Notwithstanding any other provision of law, a grand juror who is a current employee of, or a former or retired employee last employed within the prior three years by, an agency within the investigative jurisdiction of the civil grand jury shall inform the foreperson and court of that fact and shall recuse himself or herself from participating in any grand jury civil investigation of that agency, including any discussion or vote concerning a civil investigation of that agency. (b) This section shall be in addition to any local policies or rules regarding conflict of interest for grand jurors. (c) For purposes of this section, “agency” means a department or operational part of a government entity, such as a city, county, city and county, school district, or other local government body. (Amended by Stats. 2012, Ch. 867, Sec. 21. (SB 1144) Effective January 1, 2013.)
  82. 917.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The grand jury may investigate public offenses in the county and present them to the court by indictment, but it must not investigate certain officer-shooting or excessive-force deaths except as Section 918 provides.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 917. (a) The grand jury may inquire into all public offenses committed or triable within the county and present them to the court by indictment. (b) Except as provided in Section 918, the grand jury shall not inquire into an offense that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836. (Amended by Stats. 2015, Ch. 175, Sec. 1. (SB 227) Effective January 1, 2016.)
  83. 918.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    A grand jury member may tell fellow jurors about a public offense the member knows about or has reason to believe occurred in the county, and the jurors may then investigate it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1976, Ch. 895.)
  84. 919.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The grand jury may investigate unindicted people in the county jail and must investigate county prisons and willful or corrupt misconduct by county public officers.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. Except as provided in Section 918, this subdivision does not apply to misconduct that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836. (Amended by Stats. 2015, Ch. 175, Sec. 2. (SB 227) Effective January 1, 2016.)
  85. 92.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    A person must not give or offer a bribe to certain decision-makers, including judicial officers, jurors, referees, arbitrators, umpires, or other authorized persons.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 92. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison for two, three or four years. (Amended by Stats. 1976, Ch. 1139.)
  86. 920.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The grand jury may investigate certain land sales, transfers, and ownership related to possible escheat to California, may summon and examine witnesses and records, and must direct proper escheat proceedings when the evidence justifies them.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1976, Ch. 895.)
  87. 921.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The grand jury may enter public prisons at reasonable times and examine county public records without charge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  88. 922.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    This section says the grand jury’s powers and duties for removal proceedings involving district, county, or city officers are set out in a separate Government Code article.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  89. 923.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    The Attorney General may direct or petition for certain grand jury proceedings and has related powers, but must give required notices about exculpatory evidence and grand jury duties.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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 venue 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 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 section, this chapter, or Chapter 2 (commencing with Section 893). (c) Whenever the Attorney General considers that the public interest requires, he or she may, with or without the concurrence of the district attorney, impanel a special statewide grand jury to investigate, consider, or issue indictments in any matters in which there are two or more activities, in which fraud or theft is a material element, that have occurred in more than one county and were conducted either by a single defendant or multiple defendants acting in concert. (1) This special statewide grand jury may be impaneled in the Counties of Fresno, Los Angeles, Sacramento, San Diego, or San Francisco, at the Attorney General’s discretion. When impaneling a special statewide grand jury pursuant to this subdivision, the Attorney General shall use an existing regularly impaneled criminal grand jury within the period of its regular impanelment to serve as the special statewide grand jury and make arrangements with the grand jury coordinator in the applicable county, or with the presiding judge or whoever is charged with scheduling the grand jury hearings, in order to ensure orderly coordination and use of the grand jurors’ time for both regular grand jury duties and special statewide grand jury duties. Whenever the Attorney General impanels a special statewide grand jury, the prosecuting attorney representing the Attorney General shall inform the special statewide grand jury at the outset of the case that the special statewide grand jury is acting as a special statewide grand jury with statewide jurisdiction. (2) For special statewide grand juries impaneled pursuant to this subdivision, the Attorney General may issue subpoenas for documents and witnesses located anywhere in the state in order to obtain evidence to present to the special statewide grand jury. The special statewide grand jury may hear all evidence in the form of testimony or physical evidence presented to the special statewide grand jury, irrespective of the location of the witness or physical evidence prior to subpoena. The special statewide grand jury impaneled pursuant to this subdivision may indict a person or persons with charges for crimes that occurred in counties other than where the special statewide grand jury is impaneled. The indictment shall then be submitted to the court in any county in which any of the charges could otherwise have been properly brought. The court where the indictment is filed under this subdivision shall have proper jurisdiction over all counts in the indictment. (3) Notwithstanding Section 944, an indictment found by a special statewide grand jury convened pursuant to this subdivision and endorsed as a true bill by the special statewide grand jury foreperson, may be presented to the court, as set forth in paragraph (2), solely by the Attorney General and within five court days of the endorsement of the indictment. For indictments presented to the court in this manner, the Attorney General shall also file with the court or court clerk, at the time of presenting the indictment, an affidavit signed by the special statewide grand jury foreperson attesting that all the jurors who voted on the indictment heard all of the evidence presented by the Attorney General, and that a proper number of jurors voted for the indictment pursuant to Section 940. The Attorney General’s office shall be responsible for prosecuting an indictment produced by the special statewide grand jury. (4) If a defendant makes a timely and successful challenge to the Attorney General’s right to convene a special statewide grand jury by clearly demonstrating that the charges brought are not encompassed by this subdivision, the court shall dismiss the indictment without prejudice to the Attorney General, who may bring the same or other charges against the defendant at a later date by way of another special statewide grand jury, properly convened, or a regular grand jury, or by any other procedure available. (5) The provisions of Section 939.71 shall apply to the special statewide grand jury. (6) Unless otherwise set forth in this section, a law applying to a regular grand jury impaneled pursuant to Section 23 of Article I of the California Constitution shall apply to a special statewide grand jury unless the application of the law to a special statewide grand jury would substantially interfere with the execution of one or more of the provisions of this section. If there is substantial interference, the provision governing the special statewide grand jury will govern. (d) Upon certification by the Attorney General, a statement of the costs directly related to the impanelment and activities of the grand jury pursuant to subdivisions (b) and (c) 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 or courts. (Amended by Stats. 2012, Ch. 568, Sec. 2. (SB 1474) Effective January 1, 2013.)
  90. 924.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

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    A grand juror must not willfully disclose that an information or indictment for a felony has been made before the defendant is arrested.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  91. 924.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    Grand jurors and certain interpreters must not willfully disclose grand jury evidence, statements, or voting information unless required by a court.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1986, Ch. 357, Sec. 1.)
  92. 924.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    Grand jurors must keep grand jury statements and votes secret. A court may order disclosure of grand jury testimony in limited circumstances.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  93. 924.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    A grand juror generally cannot be questioned about what he says or how he votes in the grand jury on a matter pending before it, except for possible perjury tied to accusations or testimony to fellow jurors.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  94. 924.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    A grand jury, or the presiding judge if there is no grand jury, may pass records, information, or evidence to the next grand jury, except material tied to a criminal investigation or to an indictment basis.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2002, Ch. 784, Sec. 536. Effective January 1, 2003.)
  95. 924.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    A court must order disclosure of certain grand jury testimony or transcripts when the statute’s conditions are met.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 1. General Provisions [914 - 924.6] ( Article 1 added by Stats. 1959, Ch. 501. ) ## 924.6. (a) 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 proceeding 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. (b) If a grand jury decides not to return an indictment in a grand jury inquiry into an offense that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836, the court that impaneled the grand jury shall, upon application of the district attorney, a legal representative of the decedent, or a legal representative of the news media or public, and with notice to the district attorney and the affected witness involved, and an opportunity to be heard, order disclosure of all or part of the indictment proceeding transcript, excluding the grand jury’s private deliberations and voting, to the movant, unless the court expressly finds, following an in camera hearing, that there exists an overriding interest that outweighs the right of public access to the record, the overriding interest supports sealing the record, a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, the proposed sealing is narrowly tailored, and no less restrictive means exist to achieve the overriding interest. (Amended by Stats. 2017, Ch. 204, Sec. 1. (AB 1024) Effective January 1, 2018.)
  96. 925.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    The grand jury must investigate and report on county operations, accounts, and records, may do so selectively each year, and may not duplicate financial-statement examinations already performed for the board of supervisors.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Repealed and added by Stats. 1977, Ch. 107.)
  97. 925a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    The grand jury may inspect city or joint powers agency books and records, investigate those agencies, make recommendations, and must send a copy of any report to the affected agency’s governing body.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1983, Ch. 590, Sec. 1.)
  98. 926.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    The grand jury may hire experts, assistants, auditors, and appraisers for specified investigative purposes, but some hires and payments need court or board approval.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1988, Ch. 1297, Sec. 4.5.)
  99. 927.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    A grand jury may investigate county-elected officials’ salary needs, and must do so when requested by the board of supervisors. It must also send a copy of its report to the board.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1976, Ch. 481.)
  100. 928.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    A grand jury may investigate county officers’ needs and report on them, and it must send a copy of the report to each county board of supervisors member.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1981, Ch. 800, Sec. 5.)
  101. 929.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    A grand jury may disclose some evidentiary material and findings to the public only with judicial approval, and it must not release a person’s name or identifying information. A judge may require redaction or masking before approval.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Added by Stats. 1998, Ch. 79, Sec. 1. Effective January 1, 1999.)
  102. 93.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    Judicial officers, jurors, referees, arbitrators, umpires, and other authorized decision-makers must not ask for, receive, or agree to receive a bribe tied to influencing their decision, and the court must consider ability to pay when setting a restitution fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 93. (a) Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater. (b) In imposing a restitution fine under this section, the court shall consider the defendant’s ability to pay the fine. (Amended by Stats. 2001, Ch. 282, Sec. 3. Effective January 1, 2002.)
  103. 930.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    If a grand jury’s report comments on a person or official who has not been indicted, those comments are not privileged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  104. 931.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    County grand juror expenses must be paid by the county treasurer from the county general fund, but only on warrants drawn by the county auditor and under the superior court judge’s written order.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  105. 932.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

    Verify source ↗

    After examining county officials’ books and accounts, the grand jury may order the county district attorney to sue to recover money the grand jury believes is owed to the county.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 2002, Ch. 784, Sec. 537. Effective January 1, 2003.)
  106. 933.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    Grand juries must file final reports with the presiding judge, and certain officials must comment on those reports within set deadlines.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 2002, Ch. 784, Sec. 538. Effective January 1, 2003.)
  107. 933.05.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    This section requires responses to grand jury findings and recommendations, sets a six-month outer limit for certain analysis responses, requires some pre-release sharing of report material, and forbids early disclosure of report contents.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1997, Ch. 443, Sec. 5. Effective January 1, 1998.)
  108. 933.06.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    In counties of 20,000 or fewer people, a grand jury may adopt and submit a final report if the stated membership and vacancy conditions are met; responsible officers, agencies, and departments do not have to comment on that report.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 2001, Ch. 854, Sec. 40. Effective January 1, 2002.)
  109. 933.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    A grand jury may examine the books and records of certain local agencies and may investigate and report on how those agencies perform their duties.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1986, Ch. 279, Sec. 1.)
  110. 933.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    A grand jury may examine certain district books and records and may investigate and report on how the district or commission performs its duties.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Amended by Stats. 1979, Ch. 306.)
  111. 933.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. )

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    A grand jury may examine the books and records of certain nonprofit corporations and may investigate and report on how those corporations perform their duties.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 2. Investigation of County, City, and District Affairs [925 - 933.6] ( Heading of Article 2 amended by Stats. 1973, Ch. 1036. ) ## 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. (Added by Stats. 1986, Ch. 279, Sec. 2.)
  112. 934.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The grand jury may request advice from specified officials at any time, and the Attorney General may grant or deny such requests. If advice is granted, the Attorney General must provide it within existing financial and staffing resources. Judge or county counsel may not be present during grand jury sessions unless advice is requested.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1998, Ch. 230, Sec. 3. Effective January 1, 1999.)
  113. 935.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The county district attorney may appear before the grand jury and question witnesses, but not in an official capacity when the grand jury is investigating the district attorney’s office; in that situation, the attorney may be present only as a witness and must leave after testifying.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  114. 936.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    If a county grand jury asks, the Attorney General may hire special counsel and special investigators.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  115. 936.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    A presiding judge may hire special counsel and investigators for a county grand jury, but only after a hearing, a conflict finding, and certification that funds are available.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1980, Ch. 290, Sec. 2.)
  116. 936.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    In an eighth-class county, the presiding judge may retain special counsel for the grand jury after a grand jury request, and some request, contract, and authorization records may be kept confidential.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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 that 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 (Division 10 (commencing with Section 7920.000) 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 that 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 that is not subject to public inspection or copying except in connection with a dispute concerning compensation for services rendered. (Amended by Stats. 2021, Ch. 615, Sec. 341. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  117. 937.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The grand jury or district attorney may subpoena an interpreter to attend before the grand jury, the interpreter may be present while needed, and the grand jury fixes the interpreter’s compensation, which is charged to the county.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1976, Ch. 1264.)
  118. 938.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    When the grand jury is investigating criminal causes, it must appoint a competent stenographic reporter. The reporter must be sworn, take shorthand testimony, transcribe it when an indictment or accusation is returned, and prepare transcripts of prior grand jury testimony if the grand jury asks.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1975, Ch. 298.)
  119. 938.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    A stenographic reporter must file and deliver grand jury transcript copies after an indictment or accusation, and the clerk must distribute them to the prosecutor and defendants. The transcript is not public for 10 days after delivery, and the court can continue the trial or seal the transcript in certain circumstances.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 2002, Ch. 784, Sec. 539. Effective January 1, 2003.)
  120. 938.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    A stenographic reporter cannot be paid by the county for transcript work until the transcripts are written up and delivered, and the superior court judge must verify that by affidavit or other proof before ordering payment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1975, Ch. 298.)
  121. 938.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The county must pay the stenographic reporter for reporting and transcribing grand jury services at the Government Code rates, from the county treasury, when the superior court judge orders payment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1987, Ch. 828, Sec. 56.)
  122. 938.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. )

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    The superior court must provide a suitable meeting room and other support for the grand jury.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 3. Legal and Other Assistants for Grand Juries [934 - 938.4] ( Article 3 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1997, Ch. 443, Sec. 6. Effective January 1, 1998.)
  123. 939.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    The grand jury sessions and voting are closed to unauthorized people, with limited exceptions.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1998, Ch. 755, Sec. 1. Effective January 1, 1999.)
  124. 939.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    The grand jury may ask for public sessions, but the court can order them only if the investigation involves matters affecting the general public welfare and alleged corruption, misfeasance, malfeasance, or dereliction of duty. Deliberations and voting stay private.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  125. 939.11.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    A disabled grand juror may ask the superior court for an interpreter when needed, and the court must decide on the request and keep the interpreter out of deliberations.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1986, Ch. 357, Sec. 3.)
  126. 939.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    A grand jury witness subpoena may be signed and issued by the district attorney, the district attorney’s investigator, or a superior court judge on the grand jury’s request.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1971, Ch. 1196.)
  127. 939.21.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    In certain grand jury proceedings, a minor or dependent prosecution witness may choose a support person to attend testimony if the prosecution allows it. The support person cannot be a witness in the same case or a person covered by Evidence Code section 1070.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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, 287, 288, 288.5, or 289, subdivision (1) of Section 314, Section 368, 647.6, or former Section 288a or 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. (Amended by Stats. 2018, Ch. 423, Sec. 82. (SB 1494) Effective January 1, 2019.)
  128. 939.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    In a grand jury felony investigation, if a person refuses to answer a question or produce evidence because of possible self-incrimination, proceedings may be taken under Section 1324.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  129. 939.4.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 939.4. The foreman may administer an oath to any witness appearing before the grand jury. (Added by Stats. 1959, Ch. 501.)
  130. 939.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    Before a grand jury charge is considered, the foreman must state the matter and the person to be charged, and must direct any biased member to retire. Violations can be punished as contempt.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  131. 939.6.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

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    The grand jury may receive only specified kinds of evidence when investigating a charge, with a limited hearsay exception for certain law enforcement testimony.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Amended by Stats. 1998, Ch. 757, Sec. 4. Effective January 1, 1999.)
  132. 939.7.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    The grand jury must weigh all submitted evidence, and it may require the district attorney to help produce witnesses when additional evidence could explain away the charge.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  133. 939.71.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    If the prosecutor knows of exculpatory evidence, the prosecutor must tell the grand jury what it is and that it exists.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1997, Ch. 22, Sec. 1. Effective January 1, 1998.)
  134. 939.8.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    The grand jury must return an indictment when the evidence, taken together, would warrant a conviction by a trial jury if it is unexplained or uncontradicted.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  135. 939.9.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    A grand jury may not issue a report, declaration, or recommendation unless it is based on its own investigation.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1959, Ch. 501.)
  136. 939.91.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. )

    Verify source ↗

    A grand jury must, if requested and approved by the impaneling court, report or declare certain findings when it cannot indict after an investigation.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 4. GRAND JURY PROCEEDINGS [888 - 939.91] ( Title 4 repealed and added by Stats. 1959, Ch. 501. ) ## CHAPTER 3. Powers and Duties of Grand Jury [914 - 939.91] ( Chapter 3 added by Stats. 1959, Ch. 501. ) ## ARTICLE 4. Conduct of Investigations [939 - 939.91] ( Article 4 added by Stats. 1959, Ch. 501. ) ## 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. (Added by Stats. 1975, Ch. 467.)
  137. 94.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Judicial officers must not take bribes or other unauthorized benefits for official acts, and they also must not take court-recording fees paid to appointed stenographers or reporters. A stenographer or reporter appointed by a judicial officer must not pay or offer to pay fees for appointment or retention.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 94. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. The lawful compensation of a temporary judge shall be prescribed by Judicial Council rule. Every judicial officer who shall ask or receive the whole or any part of the fees allowed by law to any stenographer or reporter appointed by him or her, or any other person, to record the proceedings of any court or investigation held by him or her, shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit his or her office. Any stenographer or reporter, appointed by any judicial officer in this state, who shall pay, or offer to pay, the whole or any part of the fees allowed him or her by law, for his or her appointment or retention in office, shall be guilty of a misdemeanor, and upon conviction thereof shall be forever disqualified from holding any similar office in the courts of this state. (Amended by Stats. 1993, Ch. 909, Sec. 13. Effective January 1, 1994.)
  138. 94.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    Certain court judges, commissioners, and assistant commissioners must not accept money or other value for performing a marriage, unless an exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 94.5. Every judge, justice, commissioner, or assistant commissioner of a court of this state who accepts any money or other thing of value for performing any marriage, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by such judge, justice, commissioner, or assistant commissioner, whether the acceptance occurs before or after performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor. It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent. This section does not apply to the request for or acceptance of a fee expressly imposed by law for performance of a marriage or to the request or acceptance by any retired judge, retired justice, or retired commissioner of a fee for the performance of a marriage. For the purposes of this section, a retired judge or retired justice sitting on assignment in court shall not be deemed to be a retired judge or retired justice. This section does not apply to an acceptance of a fee for performing a marriage on Saturday, Sunday, or a legal holiday. (Amended by Stats. 1987, Ch. 753, Sec. 2.)
  139. 940.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. )

    Verify source ↗

    An indictment may be found only with the required grand juror concurrence, and the foreman must sign the “A true bill” endorsement.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. ) ## 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. (Amended by Stats. 1994, Ch. 295, Sec. 2. Effective January 1, 1995.)
  140. 943.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Before an indictment is presented to court, the names of the witnesses examined by the grand jury, or whose depositions were read, must be written at the foot of the indictment or endorsed on it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. ) ## 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. (Enacted 1872.)
  141. 944.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. )

    Verify source ↗

    When a grand jury finds an indictment, the foreman must present it to the court in the grand jury’s presence, and the indictment must be filed with the clerk.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. ) ## 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. (Amended by Stats. 1974, Ch. 695.)
  142. 945.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. )

    Verify source ↗

    If an indictment is found against a defendant who is not in custody, the proceedings must follow the same rules as those used when a defendant fails to appear for arraignment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Finding and Presentment of the Indictment [940 - 945] ( Chapter 1 enacted 1872. ) ## 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. (Enacted 1872.)
  143. 948.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    In criminal actions, the forms of pleading and the rules for testing pleading sufficiency are those set by this Code.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Enacted 1872.)
  144. 949.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    This section says what the people’s first pleading is in different case types.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1998, Ch. 931, Sec. 373. Effective September 28, 1998.)
  145. 95.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

    Verify source ↗

    It is a crime to corruptly try to influence a juror, arbitrator, umpire, or referee about a verdict or decision in a pending or soon-to-be-filed matter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 95. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire, or appointed a referee, in respect to his or her verdict in, or decision of, any cause or proceeding, pending, or about to be brought before him or her, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, if it is by means of any of the following: (a) Any oral or written communication with him or her except in the regular course of proceedings. (b) Any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings. (c) Any threat, intimidation, persuasion, or entreaty. (d) Any promise, or assurance of any pecuniary or other advantage. (Amended by Stats. 2011, Ch. 15, Sec. 240. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  146. 95.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    A person must not threaten a juror in a criminal proceeding after a verdict has been rendered, when the person intends and appears able to carry out the threat and cause fear for safety.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 95.1. Every person who threatens a juror with respect to a criminal proceeding in which a verdict has been rendered and who has the intent and apparent ability to carry out the threat so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 241. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  147. 95.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    A person must not use sealed court-record information to help locate or contact a juror for a criminal proceeding when the stated conditions are met; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 95.2. Any person who, with knowledge of the relationship of the parties and without court authorization and juror consent, intentionally provides a defendant or former defendant to any criminal proceeding information from records sealed by the court pursuant to subdivision (b) of Section 237 of the Code of Civil Procedure, knowing that the records have been sealed, in order to locate or communicate with a juror to that proceeding and that information is used to violate Section 95 or 95.1, shall be guilty of a misdemeanor. Except as otherwise provided by any other law or court order limiting communication with a juror after a verdict has been reached, compliance with Section 206 of the Code of Civil Procedure shall constitute court authorization. (Added by Stats. 1992, Ch. 971, Sec. 5. Effective January 1, 1993.)
  148. 95.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A licensed person covered by this section must not knowingly give information to help locate or contact a juror, unless there is court authorization and juror consent or another law/court order allows it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 95.3. Any person licensed pursuant to Chapter 11.5 (commencing with Section 7512) of Division 3 of the Business and Professions Code who, with knowledge of the relationship of the parties and without court authorization and juror consent, knowingly provides a defendant or former defendant to any criminal proceeding information in order to locate or communicate with a juror to that proceeding is guilty of a misdemeanor. Conviction under this section shall be a basis for revocation or suspension of any license issued pursuant to Section 7561.1 of the Business and Professions Code. Except as otherwise provided by any law or court order limiting communication with a juror after a verdict has been reached, compliance with Section 206 of the Code of Civil Procedure shall constitute court authorization. (Added by Stats. 1992, Ch. 971, Sec. 6. Effective January 1, 1993.)
  149. 950.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

    Verify source ↗

    An accusatory pleading must include the case title, the court name, the parties’ names, and a statement of the public offense or offenses charged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  150. 9500.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. )

    Verify source ↗

    This section defines “detention facility” and “private detention facility.”

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. ) ## 9500. As used in this title, the following terms have the following meanings: (a) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding. (b) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity. (Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
  151. 9501.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. )

    Verify source ↗

    A person may not operate a private detention facility within the state, unless another part of this title provides an exception.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. ) ## 9501. Except as otherwise provided in this title, a person shall not operate a private detention facility within the state. (Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
  152. 9502.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. )

    Verify source ↗

    Section 9501 does not apply to certain listed facilities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. ) ## 9502. Section 9501 shall not apply to any of the following: (a) Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the juvenile court pursuant to Part 1 (commencing with Section 100) of Division 2 of the Welfare and Institutions Code. (b) Any facility providing evaluation or treatment services to a person who has been detained, or is subject to an order of commitment by a court, pursuant to Section 1026, or pursuant to Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code. (c) Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency. (d) A residential care facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (e) Any school facility used for the disciplinary detention of a pupil. (f) Any facility used for the quarantine or isolation of persons for public health reasons pursuant to Division 105 (commencing with Section 120100) of the Health and Safety Code. (g) Any facility used for the temporary detention of a person detained or arrested by a merchant, private security guard, or other private person pursuant to Section 490.5 or 837. (Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
  153. 9503.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. )

    Verify source ↗

    Section 9501 does not apply to privately owned property or facilities leased and operated by correctional or law enforcement agencies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. ) ## 9503. Section 9501 does not apply to any privately owned property or facility that is leased and operated by the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency. (Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
  154. 9505.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. )

    Verify source ↗

    Section 9501 does not apply to certain private detention facilities with qualifying contracts or contract renewals.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. ) ## 9505. Section 9501 does not apply to either of the following: (a) A private detention facility that is operating pursuant to a valid contract with a governmental entity that was in effect before January 1, 2020, for the duration of that contract, not to include any extensions made to or authorized by that contract. (b) A private detention facility contract renewed pursuant to subdivision (e) of Section 5003.1. (Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
  155. 9506.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. )

    Verify source ↗

    Private detention facilities covered by this section must follow applicable building, safety, staffing, and insurance requirements.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 9.5. PRIVATELY OWNED AND OPERATED DETENTION FACILITIES [9500 - 9506] ( Title 9.5 added by Stats. 2019, Ch. 739, Sec. 2. ) ## 9506. (a) A private detention facility responsible for the custody and control of a prisoner or a civil detainee shall comply with all of the following requirements: (1) The private detention facility shall comply with all appropriate state and local building, zoning, health, safety, and fire statutes, ordinances, and regulations, and with the minimum jail standards established by regulations adopted by the Board of State and Community Corrections, as set forth in Subchapter 4 (commencing with Section 1000) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. (2) The private detention facility shall select and train its personnel in accordance with selection and training requirements adopted by the Board of State and Community Corrections as set forth in Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. (3) The private detention facility shall maintain the following insurance coverages, which shall be obtained from an admitted insurer: (A) General liability, including directors’ and officers’ liability, medical professional liability, and liability for civil rights violations, with minimum coverage limits of not less than five million dollars ($5,000,000) per occurrence and twenty-five million dollars ($25,000,000) in aggregate. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates. (B) Automobile liability, with minimum coverage limits of not less than five million dollars ($5,000,000) per occurrence. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates. (C) Umbrella liability, with minimum coverage limits of not less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in aggregate. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates. (D) Workers’ compensation as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, self-insurance does not satisfy this requirement. The policy shall require the private detention facility to comply with the requirements of paragraphs (1) and (2) and this paragraph, and to provide the insurer and Insurance Commissioner with an initial compliance report and subsequent annual compliance updates. (b) (1) This section shall not apply to facilities identified in Section 9502. (2) Notwithstanding paragraph (1), this section shall apply to a private detention facility that provides vocational, medical, or other ancillary services to an inmate, and wherein inmates are regularly confined for time periods greater than 10 consecutive hours. (c) This section shall not create any additional authority or responsibility on the part of the Board of State and Community Corrections or Department of Corrections and Rehabilitation. The Board of State and Community Corrections and Department of Corrections and Rehabilitation shall neither be required, nor are authorized to, expend any funds, or incur any expenses as a result of this section. (Added by Stats. 2021, Ch. 298, Sec. 2. (SB 334) Effective January 1, 2022.)
  156. 951.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An indictment or information may follow the section’s sample form.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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.”). (Amended by Stats. 1927, Ch. 613.)
  157. 952.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    When charging an offense, each count must state that the accused committed the public offense named in that count. The statement may be in ordinary, concise language, and theft may be alleged as an unlawful taking of another’s labor or property.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1929, Ch. 159.)
  158. 953.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    If a defendant was charged under a fictitious or mistaken name and the true name is later discovered, the true name must be used in later proceedings.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  159. 954.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading may include multiple related offenses or counts, and the court may consolidate or separately try them in some cases.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  160. 954.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    When multiple offenses of the same class are charged together or consolidated, evidence on one offense does not have to be admissible against the others before the offenses may be tried together before the same trier of fact.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Added June 5, 1990, by initiative Proposition 115, Sec. 19.)
  161. 955.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading does not have to state the exact time the offense was committed, unless time is a material ingredient of the offense.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  162. 956.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    If an offense involving a private injury is otherwise described clearly enough, mistakes about the injured person, intended victim, place, or property involved are not material.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1927, Ch. 611.)
  163. 957.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    Words in an accusatory pleading are read in their ordinary common meaning unless a word or phrase is defined by law, in which case the legal meaning applies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  164. 958.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    In an accusatory pleading, the exact words used to define a public offense do not have to be followed strictly if other words with the same meaning are used.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  165. 959.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading is sufficient if it can be understood to satisfy the listed requirements.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  166. 959.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    This section allows certain criminal prosecutions and notices to appear to be filed electronically, and sets conditions for courts and magistrates to accept and file them.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 2006, Ch. 567, Sec. 23. Effective January 1, 2007.)
  167. 96.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    Jurors, arbitrators, umpires, and referees must not make verdict promises or improperly receive communications or information about a pending matter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 96. Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either: One—Makes any promise or agreement to give a verdict or decision for or against any party; or, Two—Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause or matter pending before him, except according to the regular course of proceedings, is punishable by fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 242. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  168. 96.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    Judicial officers, court commissioners, and referees may not knowingly do anything that perverts or obstructs justice; doing so is a public offense punishable by up to one year in county jail.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 96.5. (a) Every judicial officer, court commissioner, or referee who commits any act that he or she knows perverts or obstructs justice, is guilty of a public offense punishable by imprisonment in a county jail for not more than one year. (b) Nothing in this section prohibits prosecution under paragraph (5) of subdivision (a) of Section 182 of the Penal Code or any other law. (Amended by Stats. 1999, Ch. 853, Sec. 7. Effective January 1, 2000.)
  169. 960.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading is not insufficient, and the proceeding is not affected, for a mere defect or imperfection in form unless it prejudices a substantial right of the defendant on the merits.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  170. 961.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading does not need to state presumptions of law or matters that the court is authorized or required to notice judicially.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1965, Ch. 299.)
  171. 962.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    When pleading a judgment or proceeding before a court or officer of special jurisdiction, the facts showing jurisdiction do not have to be stated, but those facts must be proven at trial.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Enacted 1872.)
  172. 963.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    When pleading a private statute or certain local laws, it is enough to cite the title and date of passage, and the court must take judicial notice of it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1965, Ch. 299.)
  173. 964.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    District attorneys and courts in each county must set up a mutually agreeable procedure to protect confidential personal information in certain police, arrest, or investigative reports submitted in criminal or warrant proceedings.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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 2.550, as provided by paragraph (2) of subdivision (a) of that rule. (Amended by Stats. 2012, Ch. 867, Sec. 22. (SB 1144) Effective January 1, 2013.)
  174. 965.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    If a forged instrument was destroyed or withheld by the defendant, and that fact is alleged and proved, a misdescription of the instrument does not matter.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Code Amendments 1880, Ch. 47.)
  175. 966.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    For an accusatory pleading for perjury or subornation of perjury, it is enough to state the substance of the controversy, where and before whom the false oath was taken, and that the court or person had authority to administer it.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  176. 967.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading in certain theft or fraud cases may allege the property generally without naming the exact coin, denomination, or kind.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  177. 968.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accusatory pleading for certain lewd or obscene-material charges does not need to quote the language or show the figures from the item; a general statement that it is lewd or obscene is enough.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  178. 969.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    A pleading that charges a prior felony, attempted felony, or theft conviction may state a short-form conviction allegation; if multiple prior convictions are charged, the judgment date for each may be included, and all known prior convictions must be charged.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  179. 969.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    If a guilty-plea complaint omits prior felony convictions, the complaint may be amended, the defendant must be arraigned and asked about the prior conviction, and the issue is usually tried by a jury unless a jury is waived.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Added by renumbering Section 969½ by Stats. 1998, Ch. 235, Sec. 1. Effective January 1, 1999.)
  180. 969a

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    A pending indictment or information may be amended to add omitted prior felony convictions, and the defendant must then be rearraigned and required to plead again.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1957, Ch. 1617.)
  181. 969b

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    Certified prison or jail records may be introduced as evidence to help show a prior qualifying conviction and term served.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1949, Ch. 701.)
  182. 969e

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    When alleging a prior conviction for certain listed code sections, the charging language may use the form stated in this section.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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).” (Added by Stats. 1977, Ch. 1161. Note: Former termination clause was deleted by Stats. 1980, Ch. 364, Sec. 34.)
  183. 969f

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    This section says serious-felony facts may be included in the accusatory pleading, but the crime must not be called a serious felony or described to the jury that way.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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.” (Added by Stats. 1991, Ch. 249, Sec. 1.)
  184. 970.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    If several defendants are named in one accusatory pleading, any one or more of them may be convicted or acquitted.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 970. When several defendants are named in one accusatory pleading, any one or more may be convicted or acquitted. (Amended by Stats. 1951, Ch. 1674.)
  185. 971.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    The section removes the distinction between accessories before the fact and principals, and says certain participants in a crime are to be prosecuted, tried, and punished as principals.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Stats. 1951, Ch. 1674.)
  186. 972.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    An accessory to a felony may be prosecuted, tried, and punished even if the principal is not prosecuted, tried, or has been acquitted.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Amended by Code Amendments 1880, Ch. 47.)
  187. 973.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. )

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    If a criminal accusatory pleading is lost or destroyed, the court must order a copy filed and substituted when the prosecutor or defendant applies.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 5. THE PLEADINGS [940 - 973] ( Heading of Title 5 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2. Rules of Pleading [948 - 973] ( Heading of Chapter 2 amended by Stats. 1951, Ch. 1674. ) ## 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. (Added by Stats. 1951, Ch. 1674.)
  188. 976.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    A defendant must be arraigned in the court where the accusatory pleading was filed, unless the case is transferred; a defendant arrested in another county has a right to be taken before a magistrate there for bail, and must be told of that right; before transport to arraignment, the defendant must be allowed three free completed phone calls.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 976. (a) When the accusatory pleading is filed, the defendant shall be arraigned thereon before the court in which it is filed, unless the action is transferred to some other court for trial. However, within any county, if the defendant is in custody, upon the approval of both the presiding judge of the court in which the accusatory pleading is filed and the presiding judge of the court nearest to the place in which he or she is held in custody the arraignment may be before the court nearest to that place of custody. (b) A defendant arrested in another county shall have the right to be taken before a magistrate in the arresting county for the purpose of being admitted to bail, as provided in Section 821 or 822. The defendant shall be informed of this right. (c) Prior to being taken from the place where he or she is in custody to the place where he or she is to be arraigned, the defendent shall be allowed to make three completed telephone calls, at no expense to the defendant, in addition to any other telephone calls which the defendant is entitled to make pursuant to law. (Amended by Stats. 1982, Ch. 395, Sec. 1.)
  189. 977.1.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    A trial or hearing may resolve factual or legal questions without the defendant’s participation, even if there is a pending proceeding about the defendant’s mental incompetence or grave disability.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 977.1. The resolution of questions of fact or issues of law by trial or hearing which can be made without the assistance or participation of the defendant is not prohibited by the existence of any pending proceeding to determine whether the defendant is or remains mentally incompetent or gravely disabled pursuant to the provisions of either this code or the Welfare and Institutions Code. (Added by Stats. 1974, Ch. 1511.)
  190. 977.2.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    This section lets the prison department arrange video court appearances for incarcerated defendants, requires attorney presence at certain appearances, and preserves the court’s power to require physical attendance.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 977.2. (a) Notwithstanding Section 977 or any other law, in any case in which the defendant is charged with a misdemeanor or a felony and is currently incarcerated in the state prison, the Department of Corrections and Rehabilitation may arrange for all court appearances in superior court, except for the preliminary hearing and trial, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant agrees, the preliminary hearing and trial may be held by two-way electronic audiovideo communication. This section shall not be interpreted to eliminate the authority of the court to issue an order requiring the defendant to be physically present in the courtroom in those cases where the court finds circumstances that require the physical presence of the defendant in the courtroom. For those court appearances that are conducted by two-way electronic audiovideo communication, the department shall arrange for two-way electronic audiovideo communication between the superior court and any state prison facility. The department shall provide properly maintained equipment, adequately trained staff at the prison, and appropriate training for court staff to ensure that consistently effective two-way electronic audiovideo communication is provided between the prison facility and the courtroom for all appearances conducted by two-way electronic audiovideo communication. (b) If the defendant is represented by counsel, the attorney shall be present with the defendant at the initial court appearance and arraignment, and may enter a plea during the arraignment. However, if the defendant is represented by counsel at an arraignment on an information or indictment in a felony case, and if the defendant does not plead guilty or nolo contendere to any charge, the attorney shall be present with the defendant or if the attorney is not present with the defendant, the attorney shall be present in court during the hearing. (c) In lieu of the physical presence of the defendant’s counsel at the institution with the defendant, the court and the department shall establish a confidential telephone line between the court and the institution for communication between the defendant’s counsel in court and the defendant at the institution. In this case, counsel for the defendant shall not be required to be physically present at the institution during any court appearance that is conducted via electronic audiovideo communication. This section shall not be construed to prohibit the physical presence of the defense counsel with the defendant at the state prison. (Amended by Stats. 2020, Ch. 29, Sec. 13. (SB 118) Effective August 6, 2020.)
  191. 977.3.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    This section allows remote testimony by a witness in some misdemeanor and felony criminal proceedings, but not felony trials, if the required consent is given. It also requires the defendant’s waiver to be on the record and the court to make waiver findings.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 977.3. (a) A witness may testify in any misdemeanor or felony criminal proceeding, except for felony trials, through the use of remote technology with the written or oral consent of the parties on the record and with the consent of the court. The defendant shall waive the right to have a witness testify in person on the record and may withdraw this waiver at any time upon finding of good cause. (b) Notwithstanding subdivision (a), the court may allow a witness to testify through the use of remote technology as otherwise provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses. (c) The court shall make findings on the record that any waiver entered into pursuant to this section is knowingly, voluntarily, and intelligently made by the defendant. (d) A written waiver of a witness’s physical presence at a misdemeanor jury trial shall be substantially in the following form: “Waiver of a Witness’s Physical Presence at Misdemeanor Jury Trials” “The undersigned defendant, having been advised of their right to have [name of witness] be physically present at a misdemeanor jury trial, hereby knowingly, intelligently, and voluntarily waives the right to have [name of witness] be physically present at the misdemeanor jury trial. The undersigned defendant may withdraw this consent at any time upon a finding of good cause. Good cause to withdraw consent is satisfied when the quality of the technology or audibility at the misdemeanor jury trial inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding.” (e) The Judicial Council shall adopt rules and standards that are necessary to implement the policies and provisions of this section and the intent of the Legislature. (f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2026, Ch. 29, Sec. 8. (SB 174) Effective June 29, 2026. Repealed as of January 1, 2032, by its own provisions.)
  192. 978.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    If a defendant’s personal appearance is necessary and he is in custody, the court may direct that the officer holding him bring him before the court for arraignment.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 978. When his personal appearance is necessary, if he is in custody, the Court may direct and the officer in whose custody he is must bring him before it to be arraigned. (Enacted 1872.)
  193. 978.5.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    A bench warrant may be issued if a defendant fails to appear in court as required by law.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 978.5. (a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations: (1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place. (2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place. (3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place. (4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place. (5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place. (6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment. (b) The bench warrant may be served in any county in the same manner as a warrant of arrest. (c) This section shall become operative January 1, 2026. (Repealed (in Sec. 3) and added by Stats. 2022, Ch. 856, Sec. 4. (AB 2294) Effective September 30, 2022. Operative January 1, 2026, by its own provisions.)
  194. 979.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    If a defendant on bail or who has posted property instead fails to appear for arraignment when personal presence is necessary, the court may issue a bench warrant and the bail or deposit may be forfeited.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 979. If the defendant has been discharged on bail or has deposited money or other property instead thereof, and does not appear to be arraigned when his personal presence is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money or other property deposited, may order the issuance of a bench warrant for his arrest. (Amended by Stats. 1951, Ch. 1674.)
  195. 98.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )

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    An officer convicted of a crime in this chapter forfeits the office and is forever barred from holding any office in this State.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 98. Every officer convicted of any crime defined in this Chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in this State. (Enacted 1872.)
  196. 980.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    The clerk may issue a bench warrant, and must have it entered into NCIC for private surety-bonded felony cases. If that entry fails and causes specified custody or surrender problems, the bail court must set aside the bond forfeiture and exonerate liability upon petition.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 980. (a) At any time after the order for a bench warrant is made, whether the court is sitting or not, the clerk may issue a bench warrant to one or more counties. (b) The clerk shall require the appropriate agency to enter each bench warrant issued on a private surety-bonded felony case into the national warrant system (National Crime Information Center (NCIC)). If the appropriate agency fails to enter the bench warrant into the national warrant system (NCIC), and the court finds that this failure prevented the surety or bond agent from surrendering the fugitive into custody, prevented the fugitive from being arrested or taken into custody, or resulted in the fugitive’s subsequent release from custody, the court having jurisdiction over the bail shall, upon petition, set aside the forfeiture of the bond and declare all liability on the bail bond to be exonerated. (Amended by Stats. 1998, Ch. 520, Sec. 2. Effective January 1, 1999.)
  197. 981.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    A bench warrant must follow a substantially prescribed form.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 981. The bench warrant must be substantially in the following form: County of ____. The People of the State of California to any Sheriff, Marshal, or Policeman in this State: An accusatory pleading having been filed on the ____ day of ____, A.D. ____, in the Superior Court of the County of ____, charging C. D. with the crime of ____ (designating it generally); you are, therefore, commanded forthwith to arrest the above named C. D., and bring him or her before that Court (or if the accusatory pleading has been sent to another Court, then before that Court, naming it), to answer said accusatory pleading, or if the Court is not in session, that you deliver him or her into the custody of the Sheriff of the County of ____. Given under my hand, with the seal of said Court affixed, this ____ day of ____, A.D. ____. By order of said Court. [seal.] E. F., Clerk. (Amended by Stats. 2003, Ch. 468, Sec. 14. Effective January 1, 2004.)
  198. 982.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    A defendant arrested on a warrant for a non-bailable offense must stay in sheriff custody unless later admitted to bail on habeas corpus; if the offense is bailable, the warrant must direct that the defendant may be taken to a magistrate for bail, the court must set the bail amount, and the clerk must sign the bail endorsement.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 982. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the Sheriff of the county in which the indictment is found or information filed, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the following effect: “Or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment (or information);” and the Court, upon directing it to issue, must fix the amount of bail, and an indorsement must be made thereon and signed by the Clerk, to the following effect: “The defendant is to be admitted to bail in the sum of ____ dollars.” (Amended by Code Amendments 1880, Ch. 47.)
  199. 983.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    A bench warrant may be served in any county in the same way as a warrant of arrest.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 983. The bench warrant may be served in any county in the same manner as a warrant of arrest. (Amended by Stats. 1951, Ch. 1674.)
  200. 984.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. )

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    If a defendant is brought before a magistrate of another county for bail, the magistrate must handle the matter the same way as if the defendant had been brought on a warrant of arrest.

    ## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 1. Of the Arraignment of the Defendant [976 - 993] ( Chapter 1 enacted by Stats. 1872. ) ## 984. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon. (Enacted 1872.)

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