(a) An attorney representing the state shall present to the court with jurisdiction an information charging an officer with neglect or failure of duty if:
(1) the attorney learns that the officer has neglected or failed to perform a duty imposed on the officer; and
(2) the neglect or failure of duty can be presented by information.
(b) An attorney representing the state shall notify the grand jury of any act that violated the law or any neglect or failure of duty by an officer if:
(1) the attorney learns that the officer has in act violated a law or neglected or failed to perform a duty; and
(2) the act that violated the law or the neglect or failure of duty cannot be presented by information.