California § 939.71. 939.71. (Added by Stats. 1997, Ch. 22, Sec. 1.)

California Statutes

§ 939.71. — 939.71. (Added by Stats. 1997, Ch. 22, Sec. 1.)

California § 939.71.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title4.

Part 2.TITLE 4. GRAND JURY PROCEEDINGS

Ch. 3.CHAPTER 3. Powers and Duties of Grand Jury

Art. 4.ARTICLE 4. Conduct of Investigations

This text of California § 939.71. (939.71. (Added by Stats. 1997, Ch. 22, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Penal Code - PEN Code § 939.71. (2026).

Text

(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.

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(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.