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Cal. Penal Code § 939.71

Conduct of Investigations

Applied in 1 court decision — leading case 28 Cal. 4th 457 - People v. Mower (2002)

Most recently applied in 28 Cal. 4th 457 - People v. Mower (July 2002)

Added by Stats. 1997, Ch. 22, Sec. 1

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.