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2014 SESSION

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HB 56 Multi-jurisdiction grand juries; numerous changes to laws governing.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Multi-jurisdiction grand juries. Makes a number of changes to the laws governing multi-jurisdiction grand juries, including (i) providing that the grand jury's subpoena power must be executed through special counsel and that such subpoenas must be returnable for a specific meeting of the grand jury; (ii) allowing for the designation of specialized personnel for investigative purposes, known as sworn investigators, who may participate in grand jury proceedings at the request of special counsel or the grand jury; (iii) providing that copies of tapes, notes, and transcriptions of grand jury proceedings will be maintained by the clerk of the circuit court in whose jurisdiction the multi-jurisdiction grand jury sits; and (iv) providing that the testimony of a witness before the grand jury may serve as the basis for a charge of perjury. The bill also expands who must keep secret what occurred during a grand jury proceeding to include attorneys for the Commonwealth, special counsel, and sworn investigators.

SUMMARY AS PASSED HOUSE:

Multi-jurisdiction grand juries. Makes numerous changes to the laws governing multi-jurisdiction grand juries, including (i) allowing a grand jury to issue a report that there is insufficient probable cause to return an indictment as a "true bill," (ii) increasing from six months to 12 months the period of time that a term of a grand jury may be extended, (iii) providing that the grand jury's subpoena power must be executed through special counsel and that such subpoenas must be returnable for a specific meeting of the grand jury, (iv) allowing for the designation of specialized personnel for investigative purposes, known as sworn investigators, who may participate in grand jury proceedings at the request of special counsel or the grand jury, (v) providing that copies of tapes, notes, and transcriptions of grand jury proceedings will be maintained by the clerk of the circuit court in whose jurisdiction the multi-jurisdiction grand jury sits, and (vi) providing that the testimony of a witness before the grand jury may serve as the basis for a charge of perjury. The bill also expands who must keep secret what occurred during a grand jury proceeding to include witnesses, their counsel, attorneys for the Commonwealth, special counsel, and sworn investigators; however, a witness is not precluded from disclosing information possessed by the witness prior to his appearance before the grand jury. 

SUMMARY AS INTRODUCED:

Multi-jurisdiction grand juries. Makes numerous changes to the laws governing multi-jurisdiction grand juries, including (i) allowing a grand jury to issue a report that there is insufficient probable cause to return an indictment as a "true bill," (ii) increasing from six months to 12 months the period of time that a term of a grand jury may be extended, (iii) providing that the grand jury's subpoena power must be executed through special counsel and that such subpoenas must be returnable for a specific meeting of the grand jury, (iv) allowing for the designation of specialized personnel for investigative purposes, known as sworn investigators, who may participate in grand jury proceedings at the request of special counsel or the grand jury, (v) providing that copies of tapes, notes, and transcriptions of grand jury proceedings will be maintained by the clerk of the circuit court in whose jurisdiction the multi-jurisdiction grand jury sits, and (vi) providing that the testimony of a witness before the grand jury may serve as the basis for a charge of perjury. The bill also expands who must keep secret what occurred during a grand jury proceeding to include witnesses, their counsel, attorneys for the Commonwealth, special counsel, and sworn investigators.