(at the request of Senate Interim Committee on Judiciary)
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Bill Title:
Relating to recording of grand jury proceedings; prescribing an effective date.
Catchline/Summary:
Directs presiding judges of judicial districts within state to ensure proceedings before grand jury are recorded. Directs presiding judges of judicial districts within state to ensure proceedings before grand jury are recorded. Authorizes Chief Justice of Supreme Court to establish policies and procedures by rule or order to carry out recording requirement. Provides for phase-in of recording process based on population of district. Requires court to delegate audio recording to grand juror and to provide instruction regarding audio electronic recording equipment. Specifies matters that must be recorded and matters that may not be recorded.
Creates procedures for release of audio recordings. Specifies procedures for release of audio recording or transcript of grand jury proceeding concerning public servant resulting in indictment indorsed "not a true bill." Provides process for prosecuting attorney to request and enter protective order prohibiting or restricting access to recordings or transcripts. Requires prosecuting attorney to file motion for protective order upon victim's request and to describe specific portion of recording or transcript to be redacted. Specifies when recording or transcript may be used in court proceedings.
Allows statements of certain persons to be received through testimony of peace officer.
Prohibits release of grand jury proceeding recordings or transcripts as public record.
Takes effect on 91st day following adjournment sine die.
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SB 496 Joint Committee On Ways and Means
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