Before considering a charge against any person, the prosecuting attorney shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith. He shall request any member of the grand jury who has a state of mind in reference to the case or to any party which will prevent him from acting impartially and without prejudice to the substantial rights of the party to retire. Any violation of this Section by the prosecuting attorney or any member of the grand jury is punishable by the court as a contempt.
COL050108
COURT DECISIONS: SUPER.CT. 1982 The failure of the prosecuting attorney to request any member of the Grand Jury who may be prejudiced to withdraw does not, in this case, provide a ground for setting aside the indictment. People v. Sgambelluri, Cr. #14F-82. NOTE: Section 50.30 is new. It is based, however, on § 939.5 of the California Penal Code, and present procedure.