29-10.2 State Grand Jury
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<![CDATA[CHAPTER 29-10.2STATE GRAND JURY29-10.2-01. Definition. As used in this chapter, "organized crime" means racketeering,as defined in section 12.1-06.1-01, or any combination or conspiracy of two or more persons to<br>engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or<br>abet the violation of criminal laws relating to prostitution, gambling, loansharking, drug abuse,<br>illegal alcohol or drug distribution, counterfeiting, extortion, or corruption of law enforcement<br>officers or other public officers or employees.29-10.2-02. Attorney general to request state grand jury - District court to impaneljury. Whenever the attorney general considers it to be in the public interest to convene a grand<br>jury with jurisdiction extending beyond the boundaries of any single county, the attorney general<br>shall petition a judge of the district court for an order impaneling a state grand jury. The judge<br>shall, upon good cause shown, order the impaneling of a state grand jury which has jurisdiction<br>to investigate and indict for crimes committed anywhere within the state. In determining good<br>cause for impaneling a state grand jury, the judge shall require a showing that the matter<br>concerns multicounty criminal activities which involves organized crime as that term is defined<br>herein or corruption of law enforcement officers or other public officers, officials, or employees.<br>The authority and powers granted to the attorney general by this chapter do not supplant or<br>diminish the authority and powers as set out in chapter 29-10.1.29-10.2-03.Impaneling state grand jury - Selection - Composition.The judgegranting the order to impanel a state grand jury shall determine the counties from which the<br>grand jurors are to be selected with due regard for the expense involved and the inconvenience<br>of travel. The judge granting the order for a state grand jury shall notify the clerk of district court<br>of each county from which the judge intends to select the members of the state grand jury. Upon<br>receipt of the notice to impanel a state grand jury, each clerk of district court shall prepare a list of<br>nine prospective state grand jurors from existing county jury lists in the manner provided by<br>chapter 27-09.1, and forward the clerk's state grand jury list to the clerk of district court of the<br>county in which the order to impanel a state grand jury was granted. The judge granting the<br>order shall impanel the state grand jury from such lists. A state grand jury must be composed of<br>not less than eight nor more than eleven persons and each grand juror shall possess the<br>qualifications of jurors within their respective counties as provided by law. However, not more<br>than one-half of the members may be residents of one county. The members of the state grand<br>jury must be selected and the foremen appointed in the manner provided by chapter 29-10.1 and<br>shall serve a term or terms as provided therein.29-10.2-04. Summoning jurors - Presentation of evidence - Return of indictments.1.State grand jurors must be summoned in the same manner and must be governed<br>by the same provisions as jurors of county grand juries. Judicial supervision of the<br>state grand jury must be maintained by the judge who granted the order impaneling<br>the state grand jury in the same manner as with county grand juries. All indictments<br>or other formal returns of any kind made by the state grand jury must be returned to<br>that judge. An indictment may be found only upon the concurrence of at least six<br>jurors.2.The presentation of the evidence must be made to a state grand jury by the attorney<br>general, an assistant attorney general, or special counsel appointed by the attorney<br>general.3.Any indictment by a state grand jury must be returned to the supervising judge<br>without any designation of venue. Thereupon the judge shall designate the county<br>of venue for the purposes of trial.29-10.2-05. Grand jury investigations - Confidentiality - Exceptions.Page No. 11.In addition to its power of indictment, a state grand jury impaneled under this chapter<br>may, at the request of the attorney general, cause an investigation to be made into<br>the extent of multicounty criminal activity which involves organized crime as defined<br>herein or corruption of law enforcement officers or other public officers, officials, or<br>employees.2.Disclosure of any matters occurring before a state grand jury, other than its<br>deliberation and the vote of any juror, may be made to the attorney general for use<br>in the performance of the attorney general's duties.The attorney general maydisclose so much of the state grand jury's proceedings to law enforcement agencies<br>as the attorney general considers essential to the public interest and effective law<br>enforcement.3.A report or presentment of a state grand jury relating to an individual which is not<br>accompanied by a true bill of indictment may not be made public or be published<br>until the individual concerned has been furnished a copy of the report and given<br>thirty days to file with the district court a motion to suppress or seal the report or a<br>portion that is improper and unlawful.The motion, whether granted or denied,automatically acts as a stay of public announcement of the report, or portion of the<br>report, until the district court's ruling on the motion is either affirmed or denied by an<br>appellate court, or until the time in which the order may be appealed has expired,<br>whichever occurs first. The report or portion of the report which is suppressed or<br>sealed may not be opened even by order of the court.29-10.2-06. Juror fees and expenses.1.State grand jurors, in addition to receiving the juror fee provided by law for petit<br>jurors, must be reimbursed for necessary expenses on a per diem basis in the same<br>manner and at the same rate as state employees.2.The costs and expenses incurred in impaneling a state grand jury and in the<br>performance of its functions and duties must be paid by the state out of funds<br>appropriated to the attorney general.Page No. 2Document Outlinechapter 29-10.2 state grand jury]]>