Los Angeles: misdemeanor criminal grand jury authority.

(1) Existing law provides for the impaneling in each county of a grand jury which is generally charged and sworn to inquire into public offenses committed or triable within the county and to investigate or inquire into county matters of civil concern, as specified. Existing law authorizes the presiding judge in any county or city and county, or the judge appointed by the presiding judge to supervise the grand jury, to impanel an additional grand jury upon the request of the Attorney General or the district attorney or upon his or her own motion. Existing law authorizes the presiding judge of the Superior Court of the County of Los Angeles, or the judge appointed by the presiding judge, to supervise the grand jury, to impanel up to 2 additional grand juries, in accordance with specified procedures. This bill would provide, until January 1, 2014, that the presiding judge of the superior court, or the judge appointed by the presiding judge to supervise the grand jury, may, upon the request of the prosecuting city attorney of any city within the County of Los Angeles having a population in excess of 3,000,000 people, order and direct the impanelment of one additional grand jury, in accordance with specified procedures, which may inquire only into matters not under inquiry by the regular grand jury involving environmental, consumer protection, workplace safety, labor, fraud, hate crime, or discrimination violations, and which would have no jurisdiction to return indictments. This bill would, until January 1, 2014, authorize the prosecuting city attorney to direct this grand jury to convene for the investigation and consideration of those matters involving environmental, consumer protection, workplace safety, labor, fraud, hate crime, or discrimination violations that he or she desires to submit to it, and to take full charge of the presentation of the matters to the grand jury, issue subpoenas, and do all other things incident thereto to the same extent as the Attorney General or district attorney may do, except that the prosecuting city attorney may not prepare indictments. The bill would also provide that a statement of the costs directly related to the impanelment and activities of the grand jury from the presiding judge of the superior court where the grand jury was impaneled that has been certified by the prosecuting attorney shall be submitted to the prosecuting city attorney for reimbursement of the costs to the county and court out of the prosecuting city attorney's own budget. (2) Existing law provides that the grand jury or district attorney may require by subpoena the attendance of any person before the grand jury as interpreter, as specified, and the compensation for the interpreter's services constitutes a charge against the county. This bill would, until January 1, 2014, provide that the prosecuting city attorney of any city within the County of Los Angeles having a population in excess of 3,000,000 people may also require the services of an interpreter and in that case the compensation for the interpreter's services constitutes a charge against the city. (3) Existing law provides that a subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the district attorney, the district attorney's investigator, or, upon request of the grand jury, by any judge of the superior court, for witnesses in the state in support of the prosecution, for those witnesses whose testimony in the judge's opinion is material in an investigation before the grand jury, and for any other witnesses as the grand jury, upon an investigation pending before them, may direct. This bill would, until January 1, 2014, provide that a subpoena requiring the attendance of a witness before the grand jury may also be signed and issued by the prosecuting city attorney of any city within the County of Los Angeles having a population in excess of 3,000,000 people, or by an investigator of a district attorney or prosecuting city attorney, as applicable. (4) By imposing new requirements relating to grand juries, which are county charges, this bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.