BILL ANALYSIS
SENATE RULES COMMITTEE SB 1394
Office of Senate Floor Analyses
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THIRD READING
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Bill No: SB 1394
Author: Monteith (R), et al
Amended: As introduced
Vote: 21
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SENATE CRIMINAL PROCEDURE COMMITTEE: 6-0, 3/19/96
AYES: Johnson, Kopp, Polanco, Watson, Boatwright, Marks
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SUBJECT: Grand jury
SOURCE: Author
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DIGEST: This bill provides that the Government Code
section regarding the required number of grand jurors
necessary for an accusation be made consistent with the
Penal Code section stating the number of grand jurors
necessary for an indictment.
ANALYSIS: Existing law provides that in counties with a
population of more than 4,000,000 the grand jury shall
consist of 23 persons, in counties with less than 20,000
persons the grand jury may consist of 11 persons and in all
other counties the grand jury shall consist of 19 persons.
Existing law provides that an indictment cannot be found
without concurrence of at least 14 grand jurors in a county
with a grand jury of 23, at least eight grand jurors in a
county with a grand jury of 11 and at least 12 grand jurors
in all other counties.
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Existing law provides that an accusation against district,
county or city officers may not be presented without the
concurrence of at least 12 grand jurors.
An indictment is defined as an accusation in writing
presented by the grand jury to a competent court, charging
a person with a public offense.
This bill amends the number of grand jurors required for an
accusation in Government Code section 3060 to conform to
the numbers required for an indictment in Penal Code
section 940.
The purpose of this bill is to conform Government Code
section 3060 to Penal Code section 940.
Prior Legislation
AB 3460 (Knowles-R), Chapter 295, Statutes of 1994, passed
the Senate 37-0.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No
Local: No
SUPPORT: (Verified 3/19/96)
California Attorney General's Office
Mariposa County Board of Supervisors
ARGUMENTS IN SUPPORT: The author states that, "this bill
is an attempt to correct the discrepancy, regarding grand
juries, in the existing Government code and Penal Code.
This bill would directly apply to smaller counties with
eleven (11) jurors. Currently, the Penal Code allows grand
juries with eleven (11) members to file an accusation with
eight (8) members concurring. However, the Government Code
requires at least twelve (12) members to file an
accusation. Consequently, an eleven-person jury cannot
file an accusation under the Government Code."
RJG:sl 3/20/96 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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