2015 California Code
Penal Code - PEN
PART 2 - OF CRIMINAL PROCEDURE
TITLE 4 - GRAND JURY PROCEEDINGS
CHAPTER 3 - Powers and Duties of Grand Jury
ARTICLE 4 - Conduct of Investigations
Section 939.71.
939.71. (a) If the prosecutor is aware of exculpatory evidence, the prosecutor shall inform the grand jury of its nature and existence. Once the prosecutor has informed the grand jury of exculpatory evidence pursuant to this section, the prosecutor shall inform the grand jury of its duties under Section 939.7. If a failure to comply with the provisions of this section results in substantial prejudice, it shall be grounds for dismissal of the portion of the indictment related to that evidence.
(b) It is the intent of the Legislature by enacting this section to codify the holding in Johnson v. Superior Court, 15 Cal. 3d 248, and to affirm the duties of the grand jury pursuant to Section 939.7.
(Added by Stats. 1997, Ch. 22, Sec. 1. Effective January 1, 1998.)
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
