No. SB 1436
Filed under Criminal Justice.
Grand Jury Testimony and Materials; Authorizing a court to disclose certain grand jury testimony and materials in certain circumstances to further justice; requiring the clerk of court to take possession of and preserve certain grand jury materials; requiring the clerk of court to maintain a certain chain of custody list for such materials during a grand jury proceeding in a specified manner; requiring the state attorney and his or her employees to preserve certain grand jury materials, etc.
Plain English Summary
AI-GENERATEDClerks of court must now take possession of and preserve all grand jury materials, including digital recordings and electronic devices, for 50 years after criminal proceedings conclude. This creates a massive new archival duty for every county clerk in the state.
The bill creates two new exceptions to the grand jury secrecy rule. Courts may now disclose testimony and materials to the media if the subject is deceased, or to survivors of sexual abuse and capital crimes if the subject is deceased.
State attorneys and their employees are required to preserve grand jury materials that were not presented to the grand jury or entered into the court record. This expands the scope of materials that must be kept and protected from destruction.
Intentionally destroying or altering grand jury materials is now a third-degree felony. The Department of Law Enforcement is required to investigate alleged violations of the new preservation requirements, adding a new layer of criminal liability for mishandling these records.
AIClerks of court must retain all grand jury materials for 50 years after related criminal proceedings conclude, unless a court orders otherwise.
AIAny person who intentionally destroys or alters grand jury materials commits a third-degree felony, subject to investigation by the Department of Law Enforcement.
AICourts may disclose grand jury testimony and materials to survivors or their immediate family members if the subject of the inquiry is deceased and the state attorney is notified.
AIClerks of court must maintain a restricted chain of custody list, store materials in sealed containers in secure locations, and prohibit access by unauthorized persons.
AIState attorneys and their employees must preserve grand jury materials that were not presented to the grand jury or entered into the court record.