2010 Mississippi Code
TITLE 13 - EVIDENCE, PROCESS AND JURIES
Chapter 7 - State Grand Jury Act.
13-7-29 - Secrecy of proceedings; exceptions; penalties for violation [Repealed effective July 1, 2011].
§ 13-7-29. Secrecy of proceedings; exceptions; penalties for violation [Repealed effective July 1, 2011].
(1) 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 the state grand jurors, the Attorney General or his designees, an interpreter if necessary and the witness testifying. A state grand juror, the Attorney General or his designees, any interpreter used and any person to whom disclosure is made pursuant to subsection (2) (b) of this section may not disclose the testimony of a witness examined before a state grand jury or other evidence received by it except when directed by a court for the purpose of:
(a) Ascertaining whether it is consistent with the testimony given by the witness before the court in any subsequent criminal proceedings;
(b) Determining whether the witness is guilty of perjury;
(c) Assisting local, state or federal law enforcement or investigating agencies, including another grand jury, in investigating crimes under their investigative jurisdiction;
(d) Providing the defendant the materials to which he is entitled pursuant to Section 13-7-25; or
(e) Complying with constitutional, statutory or other legal requirements or to further justice.
If the court orders disclosure of matters occurring before a state grand jury, the disclosure shall be made in that manner, at that time, and under those conditions as the court directs.
(2) In addition, disclosure of testimony of a witness examined before a state grand jury or other evidence received by it may be made without being directed by a court to:
(a) The Attorney General or his designees for use in the performance of their duties; or
(b) Those governmental personnel, including personnel of the state or its political subdivisions, as are considered necessary by the Attorney General or his designee to assist in the performance of their duties to enforce the criminal laws of the state; however, any person to whom matters are disclosed under this paragraph (b) shall not utilize the state grand jury material for purposes other than assisting the Attorney General or his designee in the performance of their duties to enforce the criminal laws of this state. The Attorney General or his designees shall promptly provide the impaneling judge the names of the persons to whom the disclosure has been made and shall certify that he has advised these persons of their obligations of secrecy under this section.
(3) Nothing in this section affects the attorney-client relationship. A client has the right to communicate to his attorney any testimony given by the client to a state grand jury, any matters involving the client discussed in the client's presence before a state grand jury and evidence involving the client received by a proffer to a state grand jury in the client's presence.
(4) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or by a term of imprisonment not exceeding one (1) year, or by both such fine and imprisonment.
(5) State grand jurors, the Attorney General and his designee, any interpreter used and the clerk of the state grand jury shall be sworn to secrecy and also may be punished for criminal contempt for violations of this section.
Sources: Laws, 1993, ch. 553, § 15; reenacted without change, Laws, 1998, ch. 382, § 15, reenacted without change, Laws, 1999, ch. 480, § 15; reenacted without change, Laws, 2002, ch. 471, § 15, eff from and after July 1, 2002.
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