Grand Jury Reform Message from Senator Ackerman's Office
Today, Wednesday, February 19, 2003, Senator Ackerman introduced SB 307, a bill relating to California's grand jury statutes. When drafting this bill, comments from the February 25, 2002 meeting regarding the University of the Pacific McGeorge School of Law's Capital Center for Government Law & Policy's preliminary report on grand jury reform, authored by professors J. Clark Kelso & Michael Vitello, were taken under consideration. Additionally, the reforms suggested in the Final Recommendation, Reform of California Grand Jury Statutes published on January 20, 2003, were strongly considered.
In their final recommendation, professors Kelso and Vitello advocated for separating civil and criminal grand jury functions; replacing civil grand jury statutes from the California Penal Code Section into the California Government Code Section; starting a grand juror training pilot program; increasing grand juror fees and traveling expenses; and granting a witness who is also the target of the investigation the right to have counsel present while testifying before the grand jury.
In SB 307, two of the reforms suggested in the Final Recommendation, Reform of California Grand Jury Statutes have been adopted. These reforms are 1) separating civil and criminal grand jury functions and 2) removing statutes relating only to civil grand jury functions from the California Penal Code and placing them in the California Government Code.
These reforms will improve California's grand jury system in two key ways. First, separating civil and criminal grand jury functions will ensure that no grand jury not selected representatively will have the power to issue indictments, except as outlined in the bill. Second, relocating civil grand jury statutes to the Government Code will underscore the grand jury's watchdog and government oversight role.
For more information on SB 307, please visit www.sen.ca.gov. The text of the bill will be up on the site by Monday.
Paul Dress
Legislative Assistant
Office of Senator Dick Ackerman

