reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 872.

872. (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by him or her, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.”
(b) Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer or honorably retired law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. An honorably retired law enforcement officer may only relate statements of declarants made out of court and offered for the truth of the matter asserted that were made when the honorably retired officer was an active law enforcement officer. Any law enforcement officer or honorably retired law enforcement officer testifying as to hearsay statements shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.
(c) For purposes of subdivision (b), a law enforcement officer is any officer or agent employed by a federal, state, or local government agency to whom all of the following apply:
(1) Has either five years of law enforcement experience or who has completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.
(2) Whose primary responsibility is the enforcement of any law, the detection and apprehension of persons who have violated any law, or the investigation and preparation for prosecution of cases involving violation of laws.
(Amended by Stats. 2013, Ch. 125, Sec. 1. (AB 568) Effective January 1, 2014. Note: This section was amended on June 5, 1990, by initiative Prop. 115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 872.5.

872.5. Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of a writing may be proved by an otherwise admissible original or otherwise admissible secondary evidence.
(Repealed and added by Stats. 1998, Ch. 100, Sec. 7. Effective January 1, 1999.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 873.

873. If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the Sheriff of the County of ____. ”
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 875.

875. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, “and that he be admitted to bail in the sum of ____ dollars, and is committed to the Sheriff of the County of ____ until he gives such bail.”
(Amended by Code Amendments 1880, Ch. 60.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 876.

876. If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defendant into the proper custody, together with the commitment.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 877.

877. The commitment must be to the following effect except when it is made under the provisions of section 859a of this code.
County of ____ (as the case may be).
The people of the State of California to the sheriff of the county of ____:
An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.
Dated this ____ day of ____ nineteen ____.
(Amended by Stats. 1935, Ch. 217.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 877a.

877a. When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect:
County of ____ (as the case may be).
The people of the State of California to the sheriff of the county of ____.
A. B. having pleaded guilty to the offense of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.
Dated this ____ day of ____ nineteen ____.
(Added by Stats. 1935, Ch. 217.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 878.

878. On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statements or case are to be sent, or that he will forfeit the sum of five hundred dollars.
(Amended by Stats. 1935, Ch. 217.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 879.

879. When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 880.

880. Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.
(Amended by Stats. 1977, Ch. 579.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 881.

881. (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate shall commit him or her to prison until he or she complies or is legally discharged.
(b) If a witness fails to appear at the preliminary hearing in response to a subpoena, the court may hear evidence, including testimony or an affidavit from the arresting or interviewing officer, and if the court determines on the basis of the evidence that the witness is a material witness, the court shall issue a bench warrant for the arrest of the witness, and upon the appearance of the witness, may commit him or her into custody until the conclusion of the preliminary hearing, or until the defendant enters a plea of nolo contendere, or the witness is otherwise legally discharged.
The court may order the witness to enter into a written undertaking to the effect that he or she will appear and testify at the time and place ordered by the court or that he or she will forfeit an amount that the court deems proper.
(c) Once the material witness has been taken into custody on the bench warrant he or she shall be brought before the magistrate issuing the warrant, if available, within two court days for a hearing to determine if the witness should be released on security of appearance or maintained in custody.
(d) A material witness shall remain in custody under this section for no longer than 10 days.
(e) If a material witness is being held in custody under this section the prosecution is entitled to have the preliminary hearing proceed, as to this witness only, within 10 days of the arraignment of the defendant. Once this material witness has completed his or her testimony the defendant shall be entitled to a reasonable continuance.
(Amended by Stats. 1987, Ch. 828, Sec. 53.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 882.

882. When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he or she may be forthwith conditionally examined on behalf of the people. The examination shall be by question and answer, in the presence of the defendant, or after notice to him or her, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this code to be conducted, and the witness thereupon discharged; and the deposition may be used upon the trial of the defendant, except in cases of homicide, under the same conditions as mentioned in Section 1345; but this section does not apply to an accomplice in the commission of the offense charged.
(Amended by Stats. 1987, Ch. 828, Sec. 54.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 3 - ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE › CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer › Section 883.

883. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses taken by him.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 1 - General Provisions › Section 888.

888. A grand jury is a body of the required number of persons returned from the citizens of the county before a court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county.
Each grand jury or, if more than one has been duly impaneled pursuant to Sections 904.5 to 904.9, inclusive, one grand jury in each county, shall be charged and sworn to investigate or inquire into county matters of civil concern, such as the needs of county officers, including the abolition or creation of offices for, the purchase, lease, or sale of equipment for, or changes in the method or system of, performing the duties of the agencies subject to investigation pursuant to Section 914.1.
(Amended by Stats. 1988, Ch. 1297, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 1 - General Provisions › Section 888.2.

888.2. As used in this title as applied to a grand jury, “required number” means:
(a) Twenty-three in a county having a population exceeding 4,000,000.
(b) Eleven in a county having a population of 20,000 or less, upon the approval of the board of supervisors.
(c) Nineteen in all other counties.
(Amended by Stats. 1994, Ch. 295, Sec. 1. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 1 - General Provisions › Section 889.

889. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 1 - General Provisions › Section 890.

890. Unless a higher fee or rate of mileage is otherwise provided by statute or county or city and county ordinance, the fees for grand jurors are fifteen dollars ($15) a day for each day’s attendance as a grand juror, and the mileage reimbursement applicable to county employees for each mile actually traveled in attending court as a grand juror.
(Amended by Stats. 2001, Ch. 218, Sec. 1. Effective January 1, 2002. Operative July 1, 2002, by Sec. 2 of Ch. 218.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 1 - General Provisions › Section 890.1.

890.1. The per diem and mileage of grand jurors where allowed by law shall be paid by the treasurer of the county out of the general fund of the county upon warrants drawn by the county auditor upon the written order of the judge of the superior court of the county.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 1 - General Provisions › Section 891.

891. Every person who, by any means whatsoever, willfully and knowingly, and without knowledge and consent of the grand jury, records, or attempts to record, all or part of the proceedings of any grand jury while it is deliberating or voting, or listens to or observes, or attempts to listen to or observe, the proceedings of any grand jury of which he is not a member while such jury is deliberating or voting is guilty of a misdemeanor.
This section is not intended to prohibit the taking of notes by a grand juror in connection with and solely for the purpose of assisting him in the performance of his duties as such juror.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 1 - Qualifications of Grand Jurors › Section 893.

893. (a) A person is competent to act as a grand juror only if he possesses each of the following qualifications:
(1) He is a citizen of the United States of the age of 18 years or older who shall have been a resident of the state and of the county or city and county for one year immediately before being selected and returned.
(2) He is in possession of his natural faculties, of ordinary intelligence, of sound judgment, and of fair character.
(3) He is possessed of sufficient knowledge of the English language.
(b) A person is not competent to act as a grand juror if any of the following apply:
(1) The person is serving as a trial juror in any court of this state.
(2) The person has been discharged as a grand juror in any court of this state within one year.
(3) The person has been convicted of malfeasance in office or any felony or other high crime.
(4) The person is serving as an elected public officer.
(Amended by Stats. 1973, Ch. 416.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 1 - Qualifications of Grand Jurors › Section 894.

894. Sections 204, 218, and 219 of the Code of Civil Procedure specify the exemptions and the excuses which relieve a person from liability to serve as a grand juror.
(Amended by Stats. 1989, Ch. 1416, Sec. 37.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 895.

895. During the month preceding the beginning of the fiscal year of the county, the superior court of each county shall make an order designating the estimated number of grand jurors that will, in the opinion of the court, be required for the transaction of the business of the court during the ensuing fiscal year as provided in Section 905.5.
(Amended by Stats. 1974, Ch. 393.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 896.

896. (a) Immediately after an order is made pursuant to Section 895, the court shall select the grand jurors required by personal interview for the purpose of ascertaining whether they possess the qualifications prescribed by subdivision (a) of Section 893. If a person so interviewed, in the opinion of the court, possesses the necessary qualifications, in order to be listed the person shall sign a statement declaring that the person will be available for jury service for the number of hours usually required of a member of the grand jury in that county.
(b) The selections shall be made of men and women who are not exempt from serving and who are suitable and competent to serve as grand jurors pursuant to Sections 893, 898, and 899. The court shall list the persons so selected and required by the order to serve as grand jurors during the ensuing fiscal year of the county, or until a new list of grand jurors is provided, and shall at once place this list in the possession of the jury commissioner.
(Amended by Stats. 2003, Ch. 149, Sec. 69. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 898.

898. The list of grand jurors made in a county having a population in excess of four million shall contain the number of persons which has been designated by the court in its order.
(Amended by Stats. 1963, Ch. 259.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 899.

899. The names for the grand jury list shall be selected from the different wards, judicial districts, or supervisorial districts of the respective counties in proportion to the number of inhabitants therein, as nearly as the same can be estimated by the persons making the lists. The grand jury list shall be kept separate and distinct from the trial jury list. In a county of the first class, the names for such list may be selected from the county at large.
(Amended by Stats. 1969, Ch. 64.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 900.

900. On receiving the list of persons selected by the court, the jury commissioner shall file it in the jury commissioner’s office and have the list, which shall include the name of the judge who selected each person on the list, published one time in a newspaper of general circulation, as defined in Section 6000 of the Government Code, in the county. The jury commissioner shall then do either of the following:
(a) Write down the names on the list onto separate pieces of paper of the same size and appearance, fold each piece so as to conceal the name, and deposit the pieces in a box to be called the “grand jury box.”
(b) Assign a number to each name on the list and place, in a box to be called the “grand jury box,” markers of the same size, shape, and color, each containing a number which corresponds with a number on the list.
(Amended by Stats. 2003, Ch. 149, Sec. 70. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 901.

901. (a) The persons whose names are so returned shall be known as regular jurors, and shall serve for one year and until other persons are selected and returned.
(b) If the superior court so decides, the presiding judge may name up to 10 regular jurors not previously so named, who served on the previous grand jury and who so consent, to serve for a second year.
(c) The court may also decide to select grand jurors pursuant to Section 908.2.
(Amended by Stats. 1988, Ch. 886, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 2 - Listing and Selection of Grand Jurors › Section 902.

902. The names of persons drawn for grand jurors shall be drawn from the grand jury box by withdrawing either the pieces of paper placed therein pursuant to subdivision (a) of Section 900 or the markers placed therein pursuant to subdivision (b) of Section 900. If, at the end of the fiscal year of the county, there are the names of persons in the grand jury box who have not been drawn during the fiscal year to serve and have not served as grand jurors, the names of such persons may be placed on the list of grand jurors drawn for the succeeding fiscal year.
(Amended by Stats. 1974, Ch. 393.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 3 - Jury Commissioners › Section 903.1.

903.1. Pursuant to written rules or instructions adopted by a majority of the judges of the superior court of the county, the jury commissioner shall furnish the judges of the court annually a list of persons qualified to serve as grand jurors during the ensuing fiscal year of the county, or until a new list of jurors is required. From time to time, a majority of the judges of the superior court may adopt such rules or instructions as may be necessary for the guidance of the jury commissioner, who shall at all times be under the supervision and control of the judges of the court. Any list of jurors prepared pursuant to this article must, however, meet the requirements of Section 899.
(Amended by Stats. 1974, Ch. 393.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 3 - Jury Commissioners › Section 903.2.

903.2. The jury commissioner shall diligently inquire and inform himself or herself in respect to the qualifications of persons resident in his or her county who may be liable to be summoned for grand jury duty. He or she may require a person to answer, under oath to be administered by him or her, all questions as he or she may address to that person, touching his or her name, age, residence, occupation, and qualifications as a grand juror, and also all questions as to similar matters concerning other persons of whose qualifications for grand jury duty he or she has knowledge.
The commissioner and his or her assistants, referred to in Sections 69895 and 69896 of the Government Code, shall have the power to administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties. Those traveling expenses shall be audited, allowed, and paid out of the general fund of the county.
(Amended by Stats. 2008, Ch. 179, Sec. 179. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 3 - Jury Commissioners › Section 903.3.

903.3. Pursuant to the rules or instructions adopted by a majority of the judges of the superior court, the jury commissioner shall return to the judges the list of persons recommended by him for grand jury duty. The judges of the superior court shall examine the jury list so returned and from such list a majority of the judges may select, to serve as grand jurors in the superior court of the county during the ensuing year or until a new list of jurors is required, such persons as, in their opinion, should be selected for grand jury duty. The persons so selected shall, in the opinion of the judges selecting them, be persons suitable and competent to serve as jurors, as required by law.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 3 - Jury Commissioners › Section 903.4.

903.4. The judges are not required to select any name from the list returned by the jury commissioner, but may, if in their judgment the due administration of justice requires, make every or any selection from among the body of persons in the county suitable and competent to serve as grand jurors regardless of the list returned by the jury commissioner.
(Amended by Stats. 2011, Ch. 296, Sec. 214. (AB 1023) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 904.

904. Every superior court, whenever in its opinion the public interest so requires, shall make and file with the jury commissioner an order directing a grand jury to be drawn. The order shall designate the number of grand jurors to be drawn, which may not be less than 29 nor more than 40 in counties having a population exceeding four million and not less than 25 nor more than 30 in other counties.
(Amended by Stats. 2003, Ch. 149, Sec. 72. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 904.4.

904.4. (a) In any county having a population of more than 370,000 but less than 400,000 as established by Section 28020 of the Government Code, the presiding judge of the superior court, upon application by the district attorney, may order and direct the drawing and impanelment at any time of one additional grand jury.
(b) The presiding judge may select persons, at random, from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as grand jurors. When a sufficient number of competent persons have been selected, they shall constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant to this section may serve for a period of one year from the date of impanelment, but may be discharged at any time within the one-year period by order of the presiding judge. In no event shall more than one additional grand jury be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant to this section, it may inquire into any matters that are subject to grand jury inquiry and shall have the sole and exclusive jurisdiction to return indictments, except for any matters that the regular grand jury is inquiring into at the time of its impanelment.
(e) If an additional grand jury is also authorized by another section, the county may impanel the additional grand jury authorized by this section, or by the other section, but not both.
(Added by Stats. 1991, Ch. 1109, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 904.6.

904.6.
(a) In any county or city and county, 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 Attorney General or the district attorney or upon his or her own motion, order and direct the impanelment, of one additional grand jury pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding judge to supervise the grand jury shall select persons, at random, from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as grand jurors. When a sufficient number of competent persons have been selected, they shall constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant to this section may serve for a period of one year from the date of impanelment, but may be discharged at any time within the one-year period by order of the presiding judge or the judge appointed by the presiding judge to supervise the grand jury. In no event shall more than one additional grand jury be impaneled pursuant to this section at the same time.
(d) Whenever an additional grand jury is impaneled pursuant to this section, it may inquire into any matters which are subject to grand jury inquiry and shall have the sole and exclusive jurisdiction to return indictments, except for any matters which the regular grand jury is inquiring into at the time of its impanelment.
(e) It is the intent of the Legislature that all persons qualified for jury service shall have an equal opportunity to be considered for service as criminal grand jurors in the county in which they reside, and that they have an obligation to serve, when summoned for that purpose. All persons selected for the additional criminal grand jury shall be selected at random from a source or sources reasonably representative of a cross section of the population which is eligible for jury service in the county.
(Amended by Stats. 2005, Ch. 25, Sec. 1. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 904.7.

904.7. (a) Notwithstanding subdivision (a) of Section 904.6 or any other provision, in the County of San Bernardino, 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 Attorney General or the district attorney or upon his or her own motion, order and direct the impanelment of an additional civil grand jury pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding judge to supervise the grand jury shall select persons, at random, from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as grand jurors. When a sufficient number of competent persons have been selected, they shall constitute an additional grand jury.
(c) Any additional civil grand jury that is impaneled pursuant to this section may serve for a term as determined by the presiding judge or the judge appointed by the presiding judge to supervise the civil grand jury, but may be discharged at any time within the set term by order of the presiding judge or the judge appointed by the presiding judge to supervise the civil grand jury. In no event shall more than one additional civil grand jury be impaneled pursuant to this section at the same time.
(d) Whenever an additional civil grand jury is impaneled pursuant to this section, it may inquire into matters of oversight, conduct investigations, issue reports, and make recommendations, except for any matters that the regular grand jury is inquiring into at the time of its impanelment. Any additional civil grand jury impaneled pursuant to this section shall not have jurisdiction to issue indictments.
(e) It is the intent of the Legislature that, in the County of San Bernardino, all persons qualified for jury service shall have an equal opportunity to be considered for service as grand jurors within the county, and that they have an obligation to serve, when summoned for that purpose. All persons selected for an additional grand jury shall be selected at random from a source or sources reasonably representative of a cross section of the population that is eligible for jury service in the county.
(Amended by Stats. 2011, Ch. 304, Sec. 7. (SB 428) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 904.8.

904.8. (a) Notwithstanding subdivision (a) of Section 904.6 or any other provision, in the County of Los Angeles, 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 Attorney General or the district attorney or upon his or her own motion, order and direct the impanelment of up to two additional grand juries pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding judge to supervise the grand jury shall select persons, at random, from the list of trial jurors in civil and criminal cases and shall examine them to determine if they are competent to serve as grand jurors. When a sufficient number of competent persons have been selected, they shall constitute an additional grand jury.
(c) Any additional grand juries that are impaneled pursuant to this section may serve for a period of one year from the date of impanelment, but may be discharged at any time within the one-year period by order of the presiding judge or the judge appointed by the presiding judge to supervise the grand jury. In no event shall more than two additional grand juries be impaneled pursuant to this section at the same time.
(d) Whenever additional grand juries are impaneled pursuant to this section, they may inquire into any matters that are subject to grand jury inquiry and shall have the sole and exclusive jurisdiction to return indictments, except for any matters that the regular grand jury is inquiring into at the time of its impanelment.
(e) It is the intent of the Legislature that, in the County of Los Angeles, all persons qualified for jury service shall have an equal opportunity to be considered for service as criminal grand jurors within the county, and that they have an obligation to serve, when summoned for that purpose. All persons selected for an additional criminal grand jury shall be selected at random from a source or sources reasonably representative of a cross section of the population that is eligible for jury service in the county.
(Added by Stats. 2007, Ch. 82, Sec. 1. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 905.

905. In all counties there shall be at least one grand jury drawn and impaneled in each year.
(Amended by Stats. 1982, Ch. 1408, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 905.5.

905.5. (a) Except as otherwise provided in subdivision (b), the grand jury shall be impaneled and serve during the fiscal year of the county in the manner provided in this chapter.
(b) The board of supervisors of a county may provide that the grand jury shall be impaneled and serve during the calendar year. The board of supervisors shall provide for an appropriate transition from fiscal year term to calendar year term or from calendar year term to fiscal year term for the grand jury. The provisions of subdivisions (a) and (b) of Section 901 shall not be deemed a limitation on any appropriate transition provisions as determined by resolution or ordinance; and, except as otherwise provided in this chapter, no transition grand jury shall serve more than 18 months.
(Amended by Stats. 1984, Ch. 344, Sec. 1. Effective July 10, 1984.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 906.

906. The order shall designate the time at which the drawing will take place. The names of the grand jurors shall be drawn, and the list of names certified and summoned, as is provided for drawing and summoning trial jurors. The names of any persons drawn, who are not impaneled upon the grand jury, may be again placed in the grand jury box.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 907.

907. Any grand juror summoned, who willfully and without reasonable excuse fails to attend, may be attached and compelled to attend and the court may also impose a fine not exceeding fifty dollars ($50), upon which execution may issue. If the grand juror was not personally served, the fine shall not be imposed until upon an order to show cause an opportunity has been offered the grand juror to be heard.
(Repealed and added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 908.

908. If the required number of the persons summoned as grand jurors are present and not excused, the required number shall constitute the grand jury. If more than the required number of persons are present, the jury commissioner shall write their names on separate ballots, which the jury commissioner shall fold so that the names cannot be seen, place them in a box, and draw out the required number of them. The persons whose names are on the ballots so drawn shall constitute the grand jury. If less than the required number of persons are present, the panel may be filled as provided in Section 211 of the Code of Civil Procedure. If more of the persons summoned to complete a grand jury attend than are required, the requisite number shall be obtained by writing the names of those summoned and not excused on ballots, depositing them in a box, and drawing as provided above.
(Amended by Stats. 2003, Ch. 149, Sec. 73. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 908.1.

908.1. When, after the grand jury consisting of the required number of persons has been impaneled pursuant to law, the membership is reduced for any reason, vacancies within an existing grand jury may be filled, so as to maintain the full membership at the required number of persons, by the jury commissioner, in the presence of the court, drawing out sufficient names to fill the vacancies from the grand jury box, pursuant to law, or from a special venire as provided in Section 211 of the Code of Civil Procedure. A person selected as a grand juror to fill a vacancy pursuant to this section may not vote as a grand juror on any matter upon which evidence has been taken by the grand jury prior to the time of the person’s selection.
(Amended by Stats. 2003, Ch. 149, Sec. 74. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 908.2.

908.2. (a) Upon the decision of the superior court pursuant to Section 901 to adopt this method of selecting grand jurors, when the required number of persons have been impaneled as the grand jury pursuant to law, the jury commissioner shall write the names of each person on separate ballots. The jury commissioner shall fold the ballots so that the names cannot be seen, place them in a box, and draw out half of the ballots, or in a county where the number of grand jurors is uneven, one more than half. The persons whose names are on the ballots so drawn shall serve for 12 months until July 1 of the following year. The persons whose names are not on the ballots so drawn shall serve for six months until January 1 of the following year.
(b) Each subsequent year, on January 2 and July 2, a sufficient number of grand jurors shall be impaneled to replace those whose service concluded the previous day. Those persons impaneled on January 2 shall serve until January 1 of the following year. Those persons impaneled on July 2 shall serve until July 1 of the following year. A person may not serve on the grand jury for more than one year.
(c) The provisions of subdivisions (a) and (b) do not apply to the selection of grand jurors for an additional grand jury authorized pursuant to Section 904.6.
(Amended by Stats. 2003, Ch. 149, Sec. 75. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 909.

909. Before accepting a person drawn as a grand juror, the court shall be satisfied that such person is duly qualified to act as such juror. When a person is drawn and found qualified he shall be accepted unless the court, on the application of the juror and before he is sworn, excuses him from such service for any of the reasons prescribed in this title or in Chapter 1 (commencing with Section 190), Title 3, Part 1 of the Code of Civil Procedure.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 910.

910. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual grand juror, except when made by the court for want of qualification, as prescribed in Section 909.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 911.

911. The following oath shall be taken by each member of the grand jury: “I do solemnly swear (affirm) that I will support the Constitution of the United States and of the State of California, and all laws made pursuant to and in conformity therewith, will diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which the grand jury shall have or can obtain legal evidence. Further, I will not disclose any evidence brought before the grand jury, nor anything which I or any other grand juror may say, nor the manner in which I or any other grand juror may have voted on any matter before the grand jury. I will keep the charge that will be given to me by the court.”
(Amended by Stats. 1983, Ch. 111, Sec. 4.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 912.

912. From the persons summoned to serve as grand jurors and appearing, the court shall appoint a foreman. The court shall also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 2 - Formation of Grand Jury › ARTICLE 4 - Impaneling of Grand Jury › Section 913.

913. If a grand jury is not in existence, the Attorney General may demand the impaneling of a grand jury by those charged with the duty to do so, and upon such demand by him, it shall be their duty to do so.
(Added by Stats. 1959, Ch. 501.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 3 - Powers and Duties of Grand Jury › ARTICLE 1 - General Provisions › Section 914.

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 deems proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury.
(b) To assist a grand jury in the performance of its statutory duties regarding civil matters, the court, in consultation with the district attorney, the county counsel, and at least one former grand juror, shall ensure that a grand jury that considers or takes action on civil matters receives training that addresses, at a minimum, report writing, interviews, and the scope of the grand jury’s responsibility and statutory authority.
(c) Any costs incurred by the court as a result of this section shall be absorbed by the court or the county from existing resources.
(Amended by Stats. 1997, Ch. 443, Sec. 3. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 3 - Powers and Duties of Grand Jury › ARTICLE 1 - General Provisions › Section 914.1.

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 court of the county, in addition to other matters requiring action, shall call its attention to the provisions of Chapter 1 (commencing with Section 23000) of Division 1 of Title 3, and Sections 24054 and 26525 of the Government Code, and instruct it to ascertain by a careful and diligent investigation whether such provisions have been complied with, and to note the result of such investigation in its report. At such time the judge shall also inform and charge the grand jury especially as to its powers, duties, and responsibilities under Article 1 (commencing with Section 888) of Chapter 2, and Article 2 (commencing with Section 925), Article 3 (commencing with Section 934) of this chapter, Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code, and Section 17006 of the Welfare and Institutions Code.
(Amended by Stats. 1988, Ch. 1297, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 4 - GRAND JURY PROCEEDINGS › CHAPTER 3 - Powers and Duties of Grand Jury › ARTICLE 1 - General Provisions › Section 914.5.

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 county board of supervisors unless the proposed expenditure is approved in advance by the presiding judge of the superior court after the board of supervisors has been advised of the request.
(Added by Stats. 1970, Ch. 740.)