Grand Jury Law Table of Contents

Based on the California Grand Jury Association Compendium of 2000.
Some new laws added in italics.

[Note: Always verify details in current law (see California Law)]

SECTION 1: CONSTITUTION LAW AND RULES OF COURT

Article 1, Section 23
Section 17, 1999 Appendix to Cal. Rules of Court; Standards of Judicial Administration

SECTION 2: PENAL CODE
Grand Jury Composition, Functions and Powers in General

PART 2. OF CRIMINAL PROCEDURE
TITLE 4. GRAND JURY PROCEEDINGS
CHAPTER 1. GENERAL PROVISIONS

888

Grand jury defined; investigation into county matters of civil concern

888.2

Required number defined

889

Indictment defined

890

Fees of grand jurors; mileage

890.1

Payment of fees and mileage

891

Recording, listening to or observing grand jury proceedings; misdemeanor

892

Proceedings against corporations

CHAPTER 2. FORMATION OF GRAND JURY

Article 1. Qualifications of the Grand Jury

893

Competency; incompetency

893.5

Inoperative

894

Exemptions; excuses

Article 2: Listing and Selection of Grand Jurors

895

Estimate of number of jurors needed; order

896

Selection and listing by court; investigation; jurors

896.5

Inoperative

897

Repealed by Stats.1971, c. 856, p. 1696, S 3

898

Los Angeles County; contents of list

900

Filing of list; publication; preparation of grand jury box

901

Regular jurors; period of service; selection

902

Drawing of names or markers from grand jury box; persons not serving; listing for succeeding year

Article 3: Jury Commissioners

903

Applicability of article [no longer exists]

903.1

Furnishing jury lists; instructions for guidance; supervision

903.2

Inquiry into qualifications; administration of oaths; traveling expenses

903.3

Examination of lists; selection of jurors

903.4

Selection of names not on lists

 Article 4: Impaneling of Grand Jury

904

Order directing drawing of grand jury; number of jurors

904.4

Counties having population of more than 370,000 but less than 400,000; additional grand jury; jurisdiction; application of section

904.5

Repealed by Stats.1991, c. 464 (A.B.607), S 1, eff. Oct. 2, 1991

904.6

County or city and county; one additional grand jury; equal opportunity; jurisdiction

904.7 to 904.9

Repealed by Stats.1991, c. 464 (A.B.607), SS 3 to 5, eff. Oct. 2, 1991

905

Annual drawing

905.5

Service during fiscal or calendar year

906

Drawing and summoning; time; manner; replacing names not drawn in grand jury box

907

Failure to obey summons; attachment and fine

908

Number of persons constituting jury; proceedings when too many or too few persons present

908.1

Filling of vacancies

908.2

Selection of grand jurors; period of service

909

Acceptance of juror; finding as to qualifications; excuse

910

Challenges; restriction

911

Oath

912

Foreman; appointment; substitute foreman

913

Attorney general; power to demand impaneling

CHAPTER 3: POWERS AND DUTIES OF GRAND JURY

Article 1: General Provisions

914

Charge by court

914.1

Investigation of county, city, district and housing affairs; charge

914.5

Expenditures within budget; exception; procedure

915

Privacy; inquiry into offenses and civil matters; discharge

916

Choice of officers; rules of proceeding; concurrence of jurors (940)

916.1

Foreman pro tempore

917

Inquiry into public offenses; presentment by indictment

918

Individual jurors; declaration of knowledge of offenses; investigation

919

Authorization to inquire about prisoners not indicted and duty to inquire as to county prisons, and corrupt misconduct in public office

920

Investigation of ownership, transfer or sale of realty subject to escheat; order directing institution of proceedings

921

Access to public prisons and public records

922

Proceedings for removal of district, county or city officers

923

Investigation of matters of criminal nature; presentation by attorney general

924

Willful disclosure of making of information or indictment; misdemeanor

924.1

Willful disclosure of evidence; statement of juror or interpreter or vote; misdemeanor

924.2

Secrecy regarding conversations and votes of jurors; Disclosure of testimony on court order

924.3

Privilege of juror as to statements and vote; exception in case of perjury

924.4

Furnishing succeeding grand jury with information or evidence; exception

924.5

There is no section 924.5.

924.6

Indictment not returned; court order for disclosure of testimony of witness

Article 2: Investigation of County, City and District Affairs

925

County officers, departments or functions; operations, accounts and records; investigations and reports

925a

Cities or joint powers agencies; examination of books and records; investigation and report; recommendations

926

Experts and assistants; employment; compensation; auditors and appraisers employed in examination of records

927

Salaries of county-elected officials; report

928

Needs of county officers; report

928a

Repealed by Stats.1959, c. 501, p. 2443, S 1

929

Grand jury evidentiary material or findings; release to public of non-privileged matter; approval of judge

929.1

Repealed by Stats.1974, c. 1396, p. 3054, S 2

930

Comments in report upon persons not indicted

931

Payment of expenses

932

Order directing district attorney to institute actions for recovery of money due county

933

Findings and recommendations; copies of final report; comment of governing bodies, elective officers, or agency heads; definition

933.05

Responses to findings

933.06

Vacancies on grand jury; report submitted by unanimous vote of remaining jurors; conditions

933.1

Redevelopment agencies, housing authorities, or joint powers agencies; examination of books and records; performance of duties

933.5

Special-purpose assessing or taxing district; local agency formation commission; examination of books and records; performance of duties

933.6

Nonprofit corporations established by or operated on behalf of a public entity; examination of books and records; investigation and report on performance of duties

Article 3: Legal and Other Assistants for Grand Juries

934

Advice from judge, district attorney, county counsel, or Attorney General; action by Attorney General

935

Appearance of district attorney

936

Special counsel and investigators

936.5

Special counsel and investigators; employment by presiding judge of superior court; hearing; findings; notice; appeal; certification

937

Interpreter; subpoena; compensation

938

Criminal cases; stenographic reporter

938.1

Transcript of testimony

938.2

Payment of reporter; affidavit

938.3

Services of reporter as charge against county; rates; manner of payment

938.4

Court arranges room and support; paid by court and county of existing funds

 Article 4: Conduct of Investigation

939

Private sessions

939.1

Public sessions; matters affecting general public welfare; request; court order;

conduct of examination; secrecy of deliberation and voting; indictment

939.11

Interpreter; request by juror; instruction; oath

939.2

Subpoena of witnesses; issuance

939.21

Minor prosecution witness appearing before grand jury; attendance with support person

939.3

Self-incrimination; procedure

939.4

Foreman; authority to administer oaths

939.5

Foreman; statement of matter to be considered and person to be charged; retirement of prejudiced juror; violation

939.6

Reception of evidence

939.7

Evidence for defendant, authority to exclude; weighing evidence; order for production of explanatory evidence

939.71

Exculpatory evidence; duties of prosecutor

939.8

Sufficiency of evidence to warrant indictment

939.9

Report or recommendation only after own investigation

939.91

Reports or declarations that on evidence jury could not find indictment or that witness called for purpose not involving charge against witness

TITLE 5. THE PLEADINGS
CHAPTER 1: FINDING AND PRESENTMENT OF THE INDICTMENT

940

Concurrence of jurors; number; endorsement

941, 942

Repealed by Stats.1927, c. 614, p. 1044, SS 1, 2

943

Names of witnesses; insertion or indorsement

944

Presentment and filing; prohibition against recommendation of amount of bail

945

Defendant not in custody; procedure upon finding

SECTION 3: THE ACCUSATION PROCEDURE

GOVERNMENT CODE

3060

Accusation by grand jury

3061

Form of accusation

3062

Delivery of accusation to district attorney

3063

Service of accusation upon defendant; notice to appear; filing of original accusation

3064

Appearance; failure to appear

3065

Answer

3066

Objection to sufficiency of accusation; form and requisites

3067

Denial of truth of accusation

3068

Overruling of objection to sufficiency of accusation

3069

Pleads guilty, refuses to answer accusation,

3070

Trial by jury; conduct of trial

3071

Process to enforce attendance of witnesses

3072

Judgment of removal; entry; contents

3073

Proceedings for removal of district attorney

3074

Removal for willful or corrupt misconduct in office; limitation

3075

Appeal to court of appeal

 SECTION 4: MISCELLANEOUS STATUTES

CODE OF CIVIL PROCEDURE

193

Kinds of juries

EVIDENCE CODE

300

Applicability of code

GOVERNMENT CODE

1222

Willful omission to perform duty

7476

Judicial subpoena or subpoena duces tecum

12464

Investigation of irregularities by accountant; report; copy of results to grand jury

12552

Grand jury; powers and duties; filing of informations

15619

Prohibition against divulging information; power of governor

15641

Audit; appraisal data; inspection of information and records

15645

Preparation of written survey report; confidential report relating to personnel; response to findings and recommendations; final survey report; implementation report

15646

Filing of copies of final survey reports

25250

Examination and audit of financial accounts and records of officers

26501

Criminal proceedings; attendance before magistrates and grand jury

26983

Annual, independent audit

27100

Books, accounts, and vouchers of treasurer

54953.1

Testimony of members before grand jury

68091

Compensation and mileage for grand jury members; county ordinances

68094

Witness fees and mileage; grand jury

PENAL CODE

148.5

False report of criminal offense; misdemeanor

1004

Demurrer; grounds

1324

Self-incrimination; order compelling testimony; use of privileged testimony or information; perjury, false swearing, or contempt; use immunity or transactional immunity

1326

Subpoena defined; persons authorized to issue