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AB-1024 Grand juries: peace officers: proceedings.(2017-2018)

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Date Published: 03/20/2017 09:00 PM
AB1024:v98#DOCUMENT

Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1024


Introduced by Assembly Member Kiley

February 16, 2017


An act to amend Section 924.6 of the Penal Code, relating to grand juries.


LEGISLATIVE COUNSEL'S DIGEST


AB 1024, as amended, Kiley. Grand juries: peace officers: proceedings.
Existing law permits a grand jury to inquire into all public offenses committed or triable within the county and present them to the court by indictment. If no indictment is returned, existing law allows the court that impaneled the grand jury to disclose 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.
This bill would require a court to disclose all or a part of a grand jury indictment proceeding, excluding the grand jury’s private deliberations, if the grand jury does not 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, as defined, that led to the death of a person being detained or arrested by the peace officer, except as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 924.6 of the Penal Code is amended to read:

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 does not 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 law enforcement person involved, and an opportunity to be heard, order disclosure of all or part of the indictment proceeding, excluding the grand jury’s private deliberations, to the moving party, movant, unless the court finds, following an in camera hearing, that disclosure, either total or partial, is not in the public interest because of a continued need for secrecy or redaction to protect the safety of witnesses who testified or were identified at the grand jury indictment hearing.