SECTIONS 9400-9414 - California Statutes

GOVERNMENT CODE

SECTION 9400-9414

9400. As used in this chapter, "committee" means a committee of
either the Senate or Assembly, a joint committee of both houses, or,
when any of the foregoing committees is authorized to create
subcommittees, a subcommittee.

9401. A subpoena requiring the attendance of any witness before the
Senate, Assembly, or a committee may be issued by the President of
the Senate, Speaker of the Assembly, or the chairman of any committee
before whom the attendance of the witness is desired if permission
has been secured from the Rules Committee of the respective house.

9402. A subpena is sufficient if it:
(a) States whether the proceeding is before the Senate, Assembly,
or a committee.
(b) Is addressed to the witness.
(c) Requires the attendance of the witness at a time and place
certain.
(d) Is signed by the President of the Senate, Speaker of the
Assembly, or chairman of the committee before whom attendance of the
witness is desired.

9403. The service of a subpena may be made by any person over 18
years of age.

9404. (a) The members of any committee may administer oaths to
witnesses in any matter under examination.
(b) Anyone authorized to administer oaths who is designated by the
chairman of a committee may administer oaths to witnesses.

9405. If any witness neglects or refuses to obey a subpena, or
appearing, neglects or refuses to testify, or to produce upon
reasonable notice any material and proper books, papers or documents
in his possession or under his control, he has committed a contempt.

9406. If the contempt is committed before the Senate or Assembly,
the Senate or Assembly may commit him for contempt by resolution
entered on the Senate or Assembly Journal, as the case may be.

9407. If the contempt is committed before a committee during the
session of the Legislature, the committee shall report the contempt
to the Senate or Assembly, as the case may be, for such action as may
be deemed necessary by the Senate or Assembly.

9408. If the contempt is committed before a committee when the
Legislature is not in session, the superior court in and for the
county in which any inquiry, investigation, hearing or proceeding may
be held by the committee may compel the attendance of the witness,
the giving of testimony, and the production of books, papers,
documents and accounts, as required by the subpena issued by the
committee, on the filing by the committee of a petition to the court
asking that the witness be so compelled.

9409. Any witness neglecting or refusing to attend in obedience to
subpena may be arrested by the Sergeant-at-Arms and brought before
the Senate, Assembly or committee, as the case may be. The only
warrant or authority necessary authorizing the arrest is a copy of a
resolution of the Senate, the Assembly or committee signed by the
President of the Senate, Speaker of the Assembly or chairman of the
committee, as the case may be, and countersigned by the Secretary of
the Senate, the Chief Clerk of the Assembly or a majority of the
members of the committee, as the case may be.

9409.5. No witness is privileged to refuse to testify to any fact,
or to produce any paper, respecting which he or she shall be examined
by the Senate, Assembly, or a committee, upon the ground that the
testimony to the fact or the production of the paper may tend to
disgrace the witness or otherwise render the witness infamous.

9410. (a) If, in response to a question posed, or a command to
produce documents or other materials issued, by the Senate, the
Assembly, or a committee, a witness asserts his or her privilege
against self-incrimination, and the person presiding over the
proceeding directs the witness that, notwithstanding that assertion
of privilege, he or she is required to answer the question or produce
the documents or other materials, the witness may not refuse to
testify or produce the documents or other materials on the basis of
his or her privilege against self-incrimination. However, if a
witness is compelled to testify or produce documents or other
materials notwithstanding his or her assertion of the privilege
against self-incrimination, as described in this subdivision, both of
the following shall apply:
(1) The witness may not be held to answer criminally or be subject
criminally to any penalty or forfeiture for any fact or act touching
upon either testimony that he or she was so compelled to provide, or
documents or other materials that he or she was so compelled to
produce.
(2) Any testimony or documents or other materials that the witness
is so compelled to provide shall not be competent evidence in any
criminal proceeding against the witness except in a prosecution for
perjury or contempt.
(b) In the case of a subpoena that requires a witness to produce
documents or other materials but does not require the witness to
personally appear, the witness under subpoena may assert his or her
privilege against self-incrimination only by communicating an
assertion of the privilege to the President pro Tempore of the
Senate, if the subpoena was issued by the Senate, the Speaker of the
Assembly, if the subpoena was issued by the Assembly, or the chair of
the committee, if the subpoena was issued by a committee. The
Senate, the Assembly, or committee, as the case may be, may compel
the witness to produce the documents or materials notwithstanding the
privilege against self-incrimination as to those documents or other
materials only by (1) issuing a subsequent subpoena calling for the
witness to personally appear, (2) upon that appearance, asking the
witness whether he or she continues to assert the privilege, and, if
so, (3) directing the witness that, notwithstanding that assertion of
privilege, he or she is required to produce the documents or other
materials called for by the subpoena as to which that assertion of
privilege was made.
(c) Immunity is conferred upon a witness pursuant to this chapter
only if the witness is compelled, as specified by this section, to
testify or produce documents or other materials notwithstanding the
assertion of the constitutional privilege against self-incrimination.

9411. Every State department, office, board, commission or bureau,
including The Regents of the University of California, shall
discharge any person who commits a contempt before any committee.
Such person shall receive no compensation from the State or any
agency thereof for services rendered after the date of such refusal.
No State department, office, board, commission or bureau,
including The Regents of the University of California, shall ever
employ or compensate for services any person who has at any time
prior to the proposed employment or compensation committed a contempt
before any committee.
The committee shall read this section to the person so refusing,
and shall certify the refusal to the State Personnel Board and to the
State Controller. Upon receipt of such certificate, the State
Personnel Board shall immediately notify every State department,
office, board, commission or bureau, including The Regents of the
University of California, by whom such person is or has at any time
been employed.

9412. Every person who, being summoned to attend as witness before
the Senate, Assembly, or any committee, refuses or neglects, without
lawful excuse, to attend pursuant to such summons, and every person
who, being present before the Senate, Assembly, or any committee,
wilfully refuses to be sworn, to answer any material and proper
question, or to produce, upon reasonable notice, any material and
proper books, papers, or documents in his possession or under his
control is guilty of a misdemeanor.
Every member of the Legislature convicted of a misdemeanor under
this section, in addition to the punishment prescribed, forfeits his
office and is forever disqualified from holding any office in the
State.

9414. (a) Any person who does any of the following is guilty of a
misdemeanor:
(1) Coerces or attempts to coerce any person not to appear as a
witness before any committee.
(2) Deprives, attempts to deprive, or threatens to deprive any
other person, or requests any employer to deprive any employee, of
lawful employment, when such deprivation, attempt, threat, or request
is motivated by the fact that the other person or employee is, was,
or may become a witness before a committee.
(b) Any employer or person acting on behalf of an employer who,
directly or indirectly, harasses any person employed by that
employer, when the harassment is motivated by the fact that the
employee is, was, or may be a witness before a committee, is guilty
of a misdemeanor.
(c) This section shall not be construed to prevent any employer
from discharging an employee for cause nor shall it be construed to
prevent a labor union or an agent thereof from requesting the
dismissal of an employee when the request is motivated by a cause
other than that specified herein.