Notwithstanding any other provision of law to the contrary, whenever a district attorney general, within the district attorney general’s respective jurisdiction, or the attorney general and reporter has reason to believe that criminal activity involving a violation of or a conspiracy to violate: Section 39-14-903, relating to money laundering; Sections 39-17-902(b), 39-17-911 and 39-17-1005, relating […]
Upon receipt or the making of an application for an investigative grand jury, the attorney general and reporter shall immediately notify the other members of the committee described in § 40-12-201. The committee shall meet in person as soon as is reasonably possible to consider the application. Consent to file the petition must be by […]
Upon the receipt of written approval of the committee, the district attorney general may file a written petition with the clerk of the circuit court, or criminal court in counties where the court has been established, for the county where the criminal activity allegedly occurred to convene an investigative grand jury to consider the matters […]
Upon the filing of a petition to convene an investigative grand jury, the clerk shall mark the petition as filed, note the date and time of filing on the petition, and shall record the filing of the petition in records kept for proceedings under this part. The clerk shall then immediately forward the petition to […]
Upon receipt of a petition to convene an investigative grand jury, the presiding judge shall consider the petition in camera. Any oral argument before the judge by the district attorney general shall be in the sole discretion of the presiding judge. The judge shall grant the petition if the judge finds that: The crimes alleged […]
The grand jury convened pursuant to this part shall consist of thirteen (13) members and up to five (5) alternates. The alternates shall be present at all times during grand jury proceedings, but shall not take part in the deliberations or vote of the grand jury unless the alternate has been made a regular member […]
The district attorney general, the witness under examination, an interpreter when needed and, for the purpose of taking the evidence, a stenographer may be present while the investigative grand jury is in session, but no person other than jurors and alternates may be present while the grand jury is deliberating or voting.
All proceedings, except when the investigative grand jury is deliberating or voting, shall be recorded stenographically. Any unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution. The recording, the reporter’s notes or any transcript prepared from the recording or notes shall remain […]
No person who by virtue of the person’s official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section. […]
Disclosure of grand jury documents and proceedings may also be made under this part when: Directed by a court preliminarily to or in connection with a judicial proceeding; Disclosure is made by the district attorney general to another grand jury; or Permitted by a court upon motion of the defendant showing grounds exist for a […]
A violation of § 40-12-209 shall be punished as criminal contempt.
The finding and return of indictments as well as the form of any indictment returned by a grand jury convened pursuant to this part shall be in the same manner and form as indictments returned by the regular grand jury.
Notwithstanding any other provision of law to the contrary, when a grand jury is convened pursuant to this part, the district attorney general shall: Have the authority to compel by subpoena the testimony of witnesses before the grand jury; and Be present to examine witnesses coming before the grand jury, as well as to give […]
Subpoenas issued pursuant to § 40-12-213(1) shall not be subject to the provisions of §§ 45-10-106 and 45-10-107 requiring notice to a bank customer of a subpoena issued to a bank for the records of a customer.
The district attorney general shall have the authority to grant transactional or use immunity to a witness if the district attorney general determines that immunity is necessary to compel testimony from the witness. The immunity shall be given to the witness in writing and shall be signed by the district attorney general. The immunity granted […]
A witness before a grand jury convened pursuant to this part shall have the right to leave the grand jury room to consult the witness’s counsel at reasonable intervals and for a reasonable period of time upon the request of the witness.
When a grand jury convened pursuant to this part has completed its investigation, the district attorney general shall promptly file a notice of dissolution with the clerk of the court where the petition seeking the grand jury’s empanelling was filed. Upon the filing of the notice required by subsection (a), the functions of the grand […]
Unless explicitly provided for in this part, nothing in this part shall be construed as repealing or amending any law dealing with the formation, function, duties and responsibilities of the regular grand jury.
