§ 35-34-2-4 — Conduct of proceedings

Indiana § 35-34-2-4

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 2: Grand Jury and Special Grand Jury

Text

(a) The proceedings of a grand jury are not
valid unless at least five (5) of its members are present.
(b) The foreman shall administer an oath to any witness appearing
before the grand jury.
(c) The prosecuting attorney, his staff and any witness the
prosecuting attorney or the grand jury requests to be present may be
present at any time during grand jury proceedings, except as provided
in subsection (h).
(d) The grand jury may request assistance from a clerk, or other
public servant, authorized by the court to assist the grand jury in the
administrative conduct of its proceedings. Such a clerk or other public
servant may be present during any grand jury proceedings, except as
specified in subsection (h).
(e) The person recording the proceedings may be present during the
proceedings except as specified in subsection (h).
(f) The grand jury may request the court to provide an interpreter to
assist the grand jury in understanding the testimony of any witness, and
the court shall provide an interpreter when requested. Before assuming
his duties with the grand jury, an interpreter shall take an oath before
the grand jury that he will faithfully interpret all testimony of the
witness and that he will keep secret all matters before the grand jury
that are within his knowledge. He may be present as requested by the
grand jury, except as set out in subsection (h).
(g) When a person held in official custody is a witness before the
grand jury, a public servant assigned to guard him may accompany him
in the grand jury room. However, before entering the grand jury room
for that purpose, the public servant shall take an oath before the grand
jury that he will keep secret all matters before the grand jury that are
within his knowledge.
(h) During the deliberations and voting of the grand jury, only the
grand jurors may be present in the grand jury room.
(i) Grand jury proceedings shall be secret, and no person present
during a grand jury proceeding may, except in the lawful discharge of
his duties or upon written order of the court impaneling the grand jury
or the court trying the case on indictment presented by the grand jury,
disclose:
(1) the nature or substance of any grand jury testimony; or
(2) any decision, result, or other matter attending the grand jury
proceeding.
However, any court may require any person present during a
proceeding to disclose the testimony of a witness as direct evidence in
a prosecution for perjury.
(j) The grand jury shall be the exclusive judge of the facts with
respect to any matter before it.
(k) The court and the prosecuting attorney shall be the legal advisors
of the grand jury, and the grand jury may not seek or receive legal
advice from any other source.
(l) The grand jury may not, without court permission, exercise any
of its functions in any place other than that designated by the court.
As added by Acts 1981, P.L.298, SEC.3.