General Provisions - Grand Jury Proceedings - Penal Law - CA

Section § 888

A grand jury is a group of citizens chosen from the county to investigate crimes that may have occurred within the county. This panel has the power to look into a variety of county matters, such as how county officials run their offices, whether there should be changes in office structures, and the management of county equipment. They may also consider changes in how county duties are performed.

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.

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Section § 888.2

This section explains the specific number of grand jury members required in counties based on their population. In counties with over 4 million people, 23 members are needed. For counties with 20,000 or fewer people, 11 members are required if approved by the board of supervisors. All other counties need 19 grand jury members.

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.

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Section § 889

An indictment is a formal written accusation made by a grand jury, which is brought to a court. It accuses someone of committing a public crime.

An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense.

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Section § 890

This law states that unless there is another law or local ordinance setting a different fee, grand jurors are paid $15 for each day they serve. Additionally, they are reimbursed for mileage at the same rate as county employees for the distance they travel to attend court.

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.

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Section § 890.1

This law states that grand jurors in a county can get paid a daily allowance and travel expenses if the law allows it. The county treasurer will pay these expenses from the county's general fund. The payments are made based on paperwork issued by the county auditor, which requires a written order from the superior court judge.

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.

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Section § 891

This law makes it a misdemeanor for anyone to record, attempt to record, listen to, or try to observe the private deliberations and voting of a grand jury without their knowledge and consent. However, it does allow grand jurors themselves to take notes as part of their duties.

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.

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Section § 892

This law means that a grand jury has the authority to take legal action against a corporation. Essentially, corporations can be investigated or charged with crimes, just like individuals can be.

The grand jury may proceed against a corporation.

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