26-4-21 - Authority of county attorney or district attorney to subpoena witnesses and compel testimony -- Determination if decedent died by unlawful means.
26-4-21. Authority of county attorney or district attorney to subpoena witnessesand compel testimony -- Determination if decedent died by unlawful means.
(1) The district attorney or county attorney having criminal jurisdiction may subpoenawitnesses and compel testimony concerning the death of any person and have such testimonyreduced to writing under his direction and may employ a shorthand reporter for that purpose atthe same compensation as is allowed to reporters in the district courts. When the testimony hasbeen taken down by the shorthand reporter, a transcript thereof, duly certified, shall constitute thedeposition of the witness.
(2) Upon review of all facts and testimony taken concerning the death of a person, thedistrict attorney or county attorney having criminal jurisdiction shall determine if the decedentdied by unlawful means and shall also determine if criminal prosecution shall be instituted.
Amended by Chapter 372, 1997 General Session