(a) If no indictment is returned, the court that impaneled the grand jury shall, upon application of either party, order disclosure of all or part of the testimony of a witness before the grand jury to a defendant and the prosecutor in connection with any pending or subsequent criminal proceeding before any court if the court finds following an in camera hearing, which shall include the court’s review of the grand jury’s testimony, that the testimony is relevant, and appears to be admissible.
(b) If a grand jury decides not to return an indictment in a grand jury inquiry into an offense that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836, the court that impaneled the grand jury shall, upon application of the district attorney, a legal representative of the decedent, or a legal representative of the news media or public, and with notice to the district attorney and the affected witness involved, and an opportunity to be heard, order disclosure of all or part of the indictment proceeding transcript, excluding the grand jury’s private deliberations and voting, to the movant, unless the court expressly finds, following an in camera hearing, that there exists an overriding interest that outweighs the right of public access to the record, the overriding interest supports sealing the record, a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, the proposed sealing is narrowly tailored, and no less restrictive means exist to achieve the overriding interest.
(Amended by Stats. 2017, Ch. 204, Sec. 1. (AB 1024) Effective January 1, 2018.)
Last modified: October 25, 2018