SB 1424

85(R) - 2017
Senate Criminal Justice
Senate Criminal Justice
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Dawn Buckingham

Bill Caption

Relating to grand jury proceedings; providing a penalty for contempt of court. 

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would add a section to the code related to who may be investigated by a grand jury. If passed, a grand jury would be prohibited from investigating, or charging, a person who is accused or suspected of an offense if the person had previously been investigated by a grand jury for the same offense and that grand jury found no bill of indictment. However if at an ex parte hearing, the attorney representing the state establishes that it is in the interest of justice that the person be investigated by a subsequent grand jury for the same offense then the grand jury would be allowed to investigate and present an indictment. A person who has been improperly investigated under this bill’s provisions may motion to set aside the indictment. 

In a situation where there is not an attorney representing the state available to perform their duties, this bill would authorize a judge to appoint an assistant attorney general as an attorney pro tem.

Vote Recommendation Notes

This bill would make the grand jury investigation process better suited to protect the rights of the accused. For its role in preventing grand jury shopping, thereby ensuring that government does not exceed its proper role, we support SB 1424.