§ 6127.4. — 6127.4. (Amended by Stats. 2011, Ch. 36, Sec. 44.)

California § 6127.4.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 3.: TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
• Ch. 8.2.: CHAPTER 8.2. Office of the Inspector General

Text

(a)
The superior court in the county in which any interview is held under the direction of the Inspector General, or his or her designee, pursuant to duties authorized by this chapter has jurisdiction to compel the attendance of witnesses, the making of oral or written sworn statements, and the production of papers, books, accounts, and documents, as required by any subpoena issued by the office.
(b)
If any witness refuses to attend or testify or produce any papers required by the subpoena, the Inspector General, or his or her designee, may petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and answer questions under penalty of perjury or produce the papers required by the subpoena before the person named in the subpoena. The petition shall set forth all of the following:
(1)
That due notice of the time and place of attendance of the person or the production of the papers has been given.
(2)
That the person has been subpoenaed in the manner prescribed in this chapter.
(3)
That the person has failed and refused to attend or produce the papers required by subpoena before the office
as named in the subpoena, or has refused to answer questions propounded to him or her in the course of the interview under penalty of perjury.
(c)
Upon the filing of the petition, the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why he or she has not attended, answered questions under penalty of perjury, or produced the papers as required. A copy of the order shall be served upon him or her. If it appears to the court that the subpoena was regularly issued by the Inspector General, or his or her designee, the court shall enter an order that the person appear before the person named in the subpoena at the time and place fixed in the order and answer questions under penalty of perjury or produce the required papers. Upon failure to obey the order, the person shall be dealt with as for contempt of court.

Legislative History

Amended by Stats. 2011, Ch. 36, Sec. 44. (SB 92) Effective June 30, 2011.