40-12-205 - Grant or denial of petition.
40-12-205. Grant or denial of petition.
(a) Upon receipt of a petition to convene an investigative grand jury, the presiding judge shall consider the petition in camera.
(b) Any oral argument before the judge by the district attorney general shall be in the sole discretion of the presiding judge.
(c) The judge shall grant the petition if the judge finds that:
(1) The crimes alleged to have taken place are among those set forth in § 40-12-201; and
(2) There is probable cause to believe the criminal activity set forth in the petition has taken place.
(d) (1) The judge shall enter an order in writing respecting whether an investigative grand jury shall be convened.
(2) The order will be filed by the clerk of the court and entered in records described in § 40-12-204.
(3) The clerk shall forward a copy to the district attorney general.
[Acts 1990, ch. 1051, § 1.]