§ 13-7-1. Short title; citation of state grand juries
This chapter may be cited as the “State Grand Jury Act,” and any state grand jury which may be convened as provided herein shall be known as “State Grand Jury of Mississippi.”
§ 13-7-11. Duties of Attorney General or designee
The Attorney General or his designee shall attend sessions of a state grand jury and shall serve as its legal advisor. The Attorney General or his designee shall examine witnesses, present evidence, and draft indictments and reports upon the direction of a state grand jury.
§ 13-7-13. Clerk of state grand jury; compensation
The impaneling judge shall appoint a circuit clerk who shall serve as the clerk of the state grand jury. The compensation of the state grand jury clerk shall be paid out of any available funds appropriated for that purpose.
§ 13-7-15. Creation of list of potential jurors; selection of jurors; grounds for excusing juror from service; swearing of jurors; compensation of jurors
After the impaneling judge orders a term for the state grand jury on petition of the Attorney General, the impaneling judge shall order that the circuit clerk for each county shall proceed to draw at random from the jury box as provided by Section 13-5-26, the name of one (1) voter of such county for […]
§ 13-7-17. Foreman and deputy foreman of grand jury
The impaneling judge shall appoint one (1) of the jurors to be a foreman and another to be deputy foreman. During the absence of the foreman, the deputy foreman shall act as foreman. The foreman and deputy foreman shall be sworn pursuant to Section 13-5-45.
§ 13-7-19. Challenging the grand jury
After the state grand jurors shall have been sworn and impaneled, no objections shall be raised by plea or otherwise, to the state grand jury, but the impaneling of the state grand jury shall be conclusive evidence of its competency and qualifications. However, any party interested may challenge the jury, except to the array, for […]
§ 13-7-21. Subpoenas and subpoenas duces tecum; contempt
The clerk of the state grand jury, upon request of the Attorney General or his designee, shall issue subpoenas, or subpoenas duces tecum to compel individuals, documents or other materials to be brought from anywhere in the state or another state to a state grand jury. In addition, a state grand jury may proceed in […]
§ 13-7-23. Amending petition and order establishing and impaneling state grand jury
Once a state grand jury has entered into a term, the petition and order establishing and impaneling the state grand jury may be amended as often as necessary and appropriate so as to expand the areas of inquiry authorized by the order or to add additional areas of inquiry thereto, consistent with the provisions of […]
§ 13-7-25. Recording of proceedings of state grand jury; defendants right to review record; custody of records
A court reporter shall record either stenographically or by use of an electronic recording device, all state grand jury proceedings except when the state grand jury is deliberating or voting. Subject to the limitations of Section 13-7-29 and any rule of court, a defendant has the right to review and to reproduce the stenographically or […]
§ 13-7-27. Administering oath to witnesses
The foreman shall administer an oath or affirmation in the manner prescribed by law to any witness who testifies before a state grand jury.
§ 13-7-29. Secrecy of proceedings; exceptions; penalties for violation
State grand jury proceedings are secret, and a state grand juror shall not disclose the nature or substance of the deliberations or vote of the state grand jury. The only persons who may be present in the state grand jury room when a state grand jury is in session, except for deliberations and voting, are […]
§ 13-7-3. Definitions
For purposes of this chapter: The phrase “Attorney General or his designee” also includes: The Attorney General or his designees; The Attorney General and his designee or designees. The term “impaneling judge” means any senior circuit court judge of any circuit court district who, upon petition by the Attorney General, impanels a state grand jury […]
§ 13-7-31. Authority of impaneling judge to hear matters arising from grand jury proceedings
Except for the prosecution of cases arising from indictments issued by the state grand jury, the impaneling judge has jurisdiction to hear all matters arising from the proceedings of a state grand jury, including, but not limited to, matters related to the impanelment or removal of state grand jurors, the quashing of subpoenas and the […]
§ 13-7-33. Attorney general or designee to coordinate scheduling activities
The Attorney General or his designee shall coordinate the scheduling of activities of any state grand jury.
§ 13-7-35. Requirements for “True Bill” of indictment; place where indictment is to be tried
In order to return a “True Bill” of indictment, twelve (12) or more state grand jurors must find that probable cause exists for the indictment and vote in favor of the indictment. Upon indictment by a state grand jury, the indictment shall be returned to the impaneling judge. If the impaneling judge considers the indictment […]
§ 13-7-37. Immunity or privilege given on account of testimony; waiver
If any person asks to be excused from testifying before a state grand jury or from producing any books, papers, records, correspondence or other documents before a state grand jury on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to any penalty or forfeiture and […]
§ 13-7-39. Sealing of records, orders and subpoenas of grand jury
Records, orders and subpoenas related to state grand jury proceedings shall be kept under seal to the extent and for the time that is necessary to prevent disclosure of matters occurring before a state grand jury.
§ 13-7-41. Space for grand jury; cooperation of Department of Public Safety and Bureau of Narcotics
The Attorney General shall make available suitable space for state grand juries to meet. The Mississippi Department of Public Safety and the Mississippi Bureau of Narcotics may provide such services as required by the Attorney General and the state grand juries.
§ 13-7-43. Authority of Supreme Court to promulgate rules for operation of grand jury system
The Supreme Court may promulgate rules as are necessary for the operation of the state grand jury system established by this chapter.
§ 13-7-45. Severability provision
If any part of this chapter is declared invalid, unenforceable or unconstitutional by a court of competent jurisdiction, that part shall be severable from the remaining portions of this chapter, which portions shall remain in full force and effect as if the invalid, unenforceable or unconstitutional portion were omitted.