Section 939.6 Of Article 4. Conduct Of Investigations From California Penal Code >> Title 4. >> Part 2. >> Chapter 3. >> Article 4.
939.6
. (a) Subject to subdivision (b), in the investigation of a
charge, the grand jury shall receive no other evidence than what is:
(1) Given by witnesses produced and sworn before the grand jury;
(2) Furnished by writings, material objects, or other things
presented to the senses; or
(3) Contained in a deposition that is admissible under subdivision
3 of Section 686.
(b) Except as provided in subdivision (c), the grand jury shall
not receive any evidence except that which would be admissible over
objection at the trial of a criminal action, but the fact that
evidence that would have been excluded at trial was received by the
grand jury does not render the indictment void where sufficient
competent evidence to support the indictment was received by the
grand jury.
(c) Notwithstanding Section 1200 of the Evidence Code, as to the
evidence relating to the foundation for admissibility into evidence
of documents, exhibits, records, and other items of physical
evidence, the evidence to support the indictment may be based in
whole or in part upon the sworn testimony of a law enforcement
officer relating the statement of a declarant made out of court and
offered for the truth of the matter asserted. Any law enforcement
officer testifying as to a hearsay statement pursuant to this
subdivision shall have either five years of law enforcement
experience or have completed a training course certified by the
Commission on Peace Officer Standards and Training that includes
training in the investigation and reporting of cases and testifying
at preliminary hearings.