AB 68

Under current law governing John Doe hearings, if a district attorney requests

a judge to convene a proceeding to make a determination of whether a crime has been

committed, the judge must convene a proceeding to make the determination. If a

person who is not a district attorney complains to a judge that he or she has reason

to believe a crime has been committed, the judge must refer the complaint to a district

attorney. The district attorney has 90 days to issue charges; if the district attorney

does not issue charges, the district attorney must forward to the judge with

jurisdiction all law enforcement reports, all records and cases files, and a written

explanation for not issuing charges. If that judge determines a proceeding is

necessary to determine if a crime has been committed, the judge must convene a

proceeding.

Under current law, any conduct that is prohibited by state law and punishable

by fine or imprisonment or both is a crime that may be investigated under a John Doe

proceeding. Under this bill, the crimes that may be investigated under a John Doe

proceeding are certain felonies under the Criminal Code or any conduct punishable

by fine or imprisonment or both that is allegedly committed by an on-duty law

enforcement officer, corrections officer, or state probation, parole, or extended

supervision officer.

Under current law, the judge who convenes a John Doe proceeding has

discretion as to whether to keep the proceeding secret and may issue a secrecy order

that extends to every participant in the proceeding. Under this bill, a judge may

enter a secrecy order upon a showing of good cause by the district attorney, but the

order may apply only to the judge, the district attorney or other prosecuting attorney,

law enforcement personnel, interpreters, and reporters who make or transcribe a

record of the proceeding. Any person who violates a secrecy order is subject to a fine

of up to $10,000, imprisonment for up to nine months, or both.

This bill imposes a six-month time limit on a John Doe proceeding. This limit

may be extended for additional six-month periods if a majority of judicial

administrative district chief judges find good cause for each extension. This bill also

provides that the same finding is required to add specified crimes to the original

complaint. The vote of each judge must be available to the public.

Finally, under this bill, records reflecting the costs of John Doe investigations

and proceedings are a matter of public record, temporary or permanent reserve

judges are excluded from presiding over John Doe proceedings, and special

prosecutors may be appointed to assist the district attorney in a John Doe proceeding

only under certain conditions.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.