Statute · California Penal Code
Cal. Penal Code § 939.71 — Conduct of Investigations
Cal. Penal Code § 939.71
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Date
- 1998-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
(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…
Citator
Cal. Penal Code § 939.71 — Conduct of Investigations is in force in the current edition of the Code, and nothing recorded condemns it.
(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.