CHAPTER 3. Powers and Duties of Grand Jury [914. - 939.91.]

Chapter 3 added by Stats. 1959, Ch. 501.

§§ 914–939.91 · 60 sections

1. 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…
2. 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…
3. 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…
4. 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…