§ 16-85-514 — Disclosure of information

(a) Every member of the grand jury must keep secret whatever the member or any other grand juror may have said, or in what manner he or she or any grand juror may have voted on a matter before them. (b) (1) No grand juror shall disclose any evidence given before the grand jury except when lawfully required to testify as a witness in relation to the evidence, nor shall he or she disclose the fact of any indictment having been found against any person not in actual confinement until the defendant has been arrested. (2) Any grand juror violating the provisions of this subsection shall be guilty of a violation and upon conviction shall be fined any sum not exceeding one thousand dollars ($1,000). (c) (1) A member of the grand jury, however, may be required by a court to disclose the testimony of a witness examined before the grand jury for the purpose of ascertaining its consistency with the testimony given by the witness on trial, for the purpose of proceeding against the witness for perjury in his or her testimony, or upon the trial of a prosecution of the witness for perjury. (2) It shall be the duty of the foreman of the grand jury to communicate to the prosecuting attorney, when requested, the substance of the testimony before them. (d) A grand juror cannot be questioned for anything he or she may say or any vote he or she may give relative to a matter legally before the grand jury, except for a perjury he or she may have committed in making accusation or giving testimony before his or her fellow jurors.

Legislative History

Rev. Stat., ch. 45, §§ 75, 76; Crim. Code, §§ 109-111; C. &. M. Dig., §§ 2820, 2992-2994; Pope's Dig., §§ 3538, 3814-3816; A.S.A. 1947, §§ 43-927 -- 43-931; Acts 2005, No. 1994, § 471.