State Grand Jury Act
Mississippi · Evidence, Process and Juries · §§ 13-7-1 to 13-7-9 · 25 sections
Overview
The act establishes a statewide grand jury system operating above the county level, setting the number of jurors, quorum requirements, and meeting arrangements, and it assigns the state attorney general or a designee the duty of petitioning to impanel such a grand jury and presenting matters to it under the supervision of an impaneling judge. It governs the mechanics of the process throughout — how potential jurors are listed, selected, excused, sworn, and compensated, how a foreman and deputy foreman are designated, how the panel may be challenged, and how subpoenas and subpoenas duces tecum issue and are enforced through contempt. It also controls the handling of the proceedings themselves, requiring that they be recorded, imposing secrecy with defined exceptions and penalties, addressing witness immunity and waiver, providing for the sealing of records and orders, and specifying the requirements for returning a true bill of indictment and where the resulting case is tried, while leaving other laws governing grand juries and prosecutions intact.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 753 So. 2d 1017 - Kircher v. State
Sections covered
- Miss. Code Ann. § 13-7-1Short title; citation of state grand juries [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-11Duties of Attorney General or designee [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-13Clerk of state grand jury; compensation [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-15Creation of list of potential jurors; selection of jurors; grounds for excusing juror from service; swearing of jurors; compensation of jurors [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-17Foreman and deputy foreman of grand jury [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-19Challenging the grand jury [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-21Subpoenas and subpoenas duces tecum; contempt [Repealed effective July 1, 2024]1 cite
- Miss. Code Ann. § 13-7-23Amending petition and order establishing and impaneling state grand jury [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-25Recording of proceedings of state grand jury; defendants right to review record; custody of records [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-27Administering oath to witnesses [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-29Secrecy of proceedings; exceptions; penalties for violation [Repealed effective July 1, 2024]1 cite
- Miss. Code Ann. § 13-7-3Definitions [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-31Authority of impaneling judge to hear matters arising from grand jury proceedings [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-33Attorney general or designee to coordinate scheduling activities [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-35Requirements for “True Bill” of indictment; place where indictment is to be tried [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-37Immunity or privilege given on account of testimony; waiver [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-39Sealing of records, orders and subpoenas of grand jury [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-41Space for grand jury; cooperation of Department of Public Safety and Bureau of Narcotics [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-43Authority of Supreme Court to promulgate rules for operation of grand jury system [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-45Severability provision [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-47Retroactivity of chapter [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-49Chapter does not amend, repeal or supersede other laws governing grand juries, investigations, indictments or prosecutions [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-5State grand jury system established; number of jurors; meeting location; quorum [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-7Jurisdiction of state grand jury; petition to impanel state grand jury; impaneling state grand jury; powers and duties of impaneling judge [Repealed effective July 1, 2024]
- Miss. Code Ann. § 13-7-9Return of indictment by state grand jury; powers and duties of and law applicable to state grand juries [Repealed effective July 1, 2024]
Enacted in other states
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