§ 40-12-201 — Use of investigative grand jury

(a) Notwithstanding any other provision of law to the contrary, whenever a district attorney general, within the district attorney general's respective jurisdiction, or the attorney general and reporter has reason to believe that criminal activity involving a violation of or a conspiracy to violate: (1) Section 39-14-903 , relating to money laundering; (2) Sections 39-17-902(b) , 39-17-911 and 39-17-1005 , relating to the distribution of certain materials to minors or the use of a minor for obscene purposes; (3) Section 39-17-417 , relating to controlled substances or § 39-17-454 , relating to controlled substance analogues; (4) Sections 39-16-401 - 39-16-405, relating to misconduct involving public officials and employees; (5) Sections 39-16-101 - 39-16-108, relating to bribery; (6) Section 39-12-204 , relating to racketeer influenced and corrupt organizations; (7) Sections 39-17-501 - 39-17-507, relating to gambling; or (8) Sections 39-16-501 - 39-16-507, relating to interference with government operations; has occurred, the district attorney general or the attorney general and reporter may apply to a committee comprised of two (2) members of the district attorneys general conference and the attorney general and reporter for consent to file a petition to have an investigative grand jury convened to consider the matters specified in the application. (b) The attorney general and reporter shall appoint a district attorney general from each grand division to serve as potential members of the committee and shall notify the executive director of the district attorneys general conference of the appointments. (c) The attorney general and reporter shall reappoint the district attorneys general as from time to time may be necessary. (d) (1) When an application for an investigative grand jury is made by the attorney general and reporter pursuant to this part, the executive director shall designate one (1) or more of the district attorneys general appointed by the attorney general and reporter to serve on the committee. (2) If the application is made by a district attorney general, the executive director shall designate either two (2) of the district attorneys general appointed by the attorney general and reporter to serve on the committee or shall designate one (1) of the district attorneys general and the district attorney general making the application. (e) (1) The district attorney general or district attorneys general so designated to serve on the committee shall not reside in the same grand division as the county where the grand jury would be seated. (2) In the case where an application is filed by the attorney general and reporter, the district attorney general for the district where the criminal activity is alleged to have occurred shall be one (1) of the two (2) members of the district attorneys general conference serving on the committee. (f) The application shall be in writing, shall specify the crimes to be investigated, any persons believed to have knowledge of the crimes to be investigated and the basis of the district attorney general's or attorney general and reporter's knowledge of the matters set forth in the application. (g) The application shall be filed at the office of the attorney general and reporter in Nashville.

Legislative History

Acts 1990, ch. 1051, § 1; 1996, ch. 1012, § 8; 2012, ch. 848, § 31.