Section 12-16-214 Legislative findings; desirability of secrecy. The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed for the accomplishment of […]
Section 12-16-215 Grand juror, witness, etc., prohibited from revealing, disclosing, etc., a juror’s questions, considerations, etc.; no person to directly, indirectly, etc., by any means obtain information as to juror’s questions, considerations, etc. No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any […]
Section 12-16-216 Grand juror, witness, etc., prohibited from revealing, disclosing, etc., form, nature, etc., of physical evidence or questions asked; no person to directly, indirectly, etc., by any means, obtain information as to physical evidence or questions asked; exception as to state prosecutions. No past or present grand juror, past or present grand jury witness […]
Section 12-16-217 No person to prevent testimony or to induce to withhold or give false testimony. No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury […]
Section 12-16-218 Damage to participant’s property or person prohibited. No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter as a result of their participation in, appearance, or testimony before any duly empaneled grand jury. (Acts 1979, No. 79-457, p. 745, […]
Section 12-16-219 Oath of secrecy; effect of refusal. Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed […]
Section 12-16-220 Evidence, other than juror’s questions, considerations, etc., disclosed to district attorney’s staff. Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney or other prosecutor in the performance of his official duties to members of his staff for the […]
Section 12-16-221 Disclosures in aid of law enforcement investigations and in public interest. A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit to law enforcement officers for the purpose of bona fide investigations into violations of criminal law. A district […]
Section 12-16-222 Right to counsel unaffected; counsel prohibited within jury. No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by counsel concerning his appearance within or testimony before a duly empaneled grand jury, provided however, nothing contained in this section shall […]
Section 12-16-223 Critical reports prohibited without indictment, etc.; judge to expunge record; exception. Grand juries shall make no reports critical of any citizen of this state without returning an indictment or bill of impeachment against the same. It shall be the duty of the circuit judges of the respective judicial circuits of this state, on […]
Section 12-16-224 Written reports; form. The grand juries of this state may make written reports as provided by law, however, the judges of each judicial circuit may provide by court rule for the form and content of such grand jury reports to accomplish the purposes of this division. (Acts 1979, No. 79-457, p. 745, §11.)
Section 12-16-225 Penalties. Any person violating the provisions of Sections 12-16-215 through 12-16-218 of this division, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, or fined not more than $5,000.00, or both. (Acts 1979, No. 79-457, p. 745, §12.)
Section 12-16-226 Conflicting laws repealed; penalties cumulative; consistent laws applicable; judges’ powers. All laws or parts of laws in conflict with the provisions of this division are hereby repealed; provided, however, the criminal penalties imposed by this division shall be cumulative. This section shall not be construed to preclude the applicability of other provisions of […]
