TITLE 4. GRAND JURY PROCEEDINGS [888. - 939.91.]
Title 4 repealed and added by Stats. 1959, Ch. 501.
§§ 888–939.91 · 97 sections
CHAPTER 1. General Provisions §§ 888–892 · 7 sections
- § 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…
- § 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…
- § 889 An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense.
- § 890 Unless a higher fee or rate of mileage is otherwise provided by statute or county or city and county ordinance, the fees for grand jurors are fifteen dollars…
- § 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…
- § 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…
- § 892 The grand jury may proceed against a corporation.
CHAPTER 2. Formation of Grand Jury §§ 893–913 · 30 sections
ARTICLE 1. Qualifications of Grand Jurors §§ 893–894 · 2 sections
- § 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…
- § 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…
ARTICLE 2. Listing and Selection of Grand Jurors §§ 895–902 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 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…
ARTICLE 3. Jury Commissioners §§ 903.1–903.4 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 4. Impaneling of Grand Jury §§ 904–913 · 17 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 905 In all counties there shall be at least one grand jury drawn and impaneled in each year.
- § 905.5 (a) Except as otherwise provided in subdivision (b), the grand jury shall be impaneled and serve during the fiscal year of the county in the manner provided in…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3. Powers and Duties of Grand Jury §§ 914–939.91 · 60 sections
ARTICLE 1. General Provisions §§ 914–924.6 · 20 sections
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
ARTICLE 2. Investigation of County, City, and District Affairs §§ 925–933.6 · 15 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 933.1 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…
- § 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…
- § 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…
ARTICLE 3. Legal and Other Assistants for Grand Juries §§ 934–938.4 · 11 sections
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 4. Conduct of Investigations §§ 939–939.91 · 14 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 939.4 The foreman may administer an oath to any witness appearing before the grand jury.
- § 939.5 Before considering a charge against any person, the foreman of the grand jury shall state to those present the matter to be considered and the person to be…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…