AB 78

Under current law, under a John Doe proceeding, a person who believes a crime

has been committed may complain to a judge. Then the judge must ascertain if a

crime has been committed. The scope of examination is within the judge's discretion.

If the judge determines that a crime has probably been committed, she or he will

issue a warrant for the arrest of the accused.

Under this bill, if a district attorney who believes a crime has been committed

complains to a judge, the judge must convene a John Doe proceeding as described

above except that the judge does not issue a warrant for the arrest of the accused

because the district attorney has that ability as under current law. If a person other

than a district attorney who believes a crime has been committed complains to a

judge, the judge must refer the complaint to the district attorney. If the district

attorney refuses to issue a charge, the judge must convene a proceeding if the judge

determines that the proceeding is necessary to determine if a crime has been

committed. The judge has discretion over the scope of the examination, and the judge

may issue a criminal complaint if the judge finds sufficient evidence to warrant

prosecution. In determining whether to convene a proceeding, this bill specifies that

a judge may consider law enforcement investigative reports, records and case files

of the district attorney, and any other written records that the judge finds relevant.

In determining whether to issue a complaint, this bill specifies that the judge must

consider law enforcement investigative reports, records and case files of the district

attorney, and any other written records that the judge finds relevant.

This bill also adds statutory cross-references to three John Doe references to

aid individuals in finding the John Doe statute.

Under current law, if an action is brought against a state officer or employee for

acts committed while carrying out his or her state duties, and the court finds that the

defendant was acting within the scope of his or her employment, the state pays the

damages and costs, and provides legal representation or pays the defendant's

attorney fees and litigation costs.

This bill provides these protections and benefits to a state officer or employee

who is the subject of a John Doe proceeding if the charge is for an act done within the

person's official capacity, within the scope of the person's employment, and the

attorney general determined that the person was acting in good faith. In addition,

these protections and benefits apply regardless of the attorney general's

determination of good faith if the person is found not guilty in a criminal action

commenced as the result of the John Doe proceeding. The bill provides that the

protections and benefits provided include the payment of attorney fees, costs, and

fines arising out of the criminal action.