§ 16-85-408 — Public inspection and disclosure

(a) When a grand jury indictment for any offense known to the laws of this state shall be found against any person not in actual confinement or held by recognizance to answer to the indictment, the indictment shall not be open to the inspection of any person except the judge and clerk of the court and the prosecuting attorney until the defendant has been arrested. (b) (1) No judge, clerk, prosecuting attorney, or other officer of any court shall disclose the fact of any indictment's being found until the defendant has been arrested or recognized to answer the indictment. (2) Any judge, clerk, or other officer violating the provisions of subdivision (b)(1) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not exceeding one thousand dollars ($1,000). (c) The provisions of this section shall not extend to any officer making the disclosure by the issuing or in the execution of any process on the indictment or in any other manner when it shall become necessary in the discharge of any official duty.

Legislative History

Rev. Stat., ch. 45, §§ 86-89; C. & M. Dig., §§ 2819, 3031-3033; Pope's Dig., §§ 3537, 3855-3857; A.S.A. 1947, §§ 43-1025 -- 43-1028; Acts 2005, No. 1994, § 84.