Drawing, selecting, and impaneling; discharge of panel or juror;
grounds; foreman and clerk; minutes; record transcript; oath;
instructions; report of offense
Sec. 3. (a) The jurors on a grand jury and one (1) alternate shall
be drawn, selected, and impaneled by the procedure set out in
IC 33-28-4 or IC 33-28-6.
(b) Whenever the court finds that the original panel was not
selected in substantial conformity with the requirements of law for
the selection of the panel, the court shall discharge the panel and
summon another panel.
(c) Whenever the court finds that a grand juror:
(1) is disqualified from service under law;
(2) is incapable of performing the juror's duties because of bias
or prejudice;
(3) is guilty of misconduct in the performance of the juror's
duties that might impair the proper functioning of the grand
jury;
(4) is under the age of eighteen (18) years;
(5) is not a resident of the county;
(6) is an alien;
(7) is a mentally incompetent person;
(8) is a witness for the prosecution;
(9) has such a state of mind in reference to a target that the juror
cannot act impartially and without prejudice to the substantial
rights of that person;
(10) holds a juror's place on the grand jury by reason of the
corruption of the officer who selected and impaneled the grand
jury; or
(11) has requested or otherwise caused any officer or an
officer's deputy to place the juror upon the grand jury;
the court shall refuse to swear that grand juror or, if the juror has
been sworn, shall discharge that grand juror and swear another grand
juror.
(d) After a grand jury has been impaneled, the court that called the
grand jury shall appoint one (1) of the grand jurors as foreman and
one (1) as clerk. During any absence of the foreman or clerk, the
grand jury shall select one (1) of their number to act as foreman or
clerk. The clerk shall keep minutes of the grand jury proceedings.
The court shall supply a means for recording the evidence presented
before the grand jury and all of the other proceedings that occur
before the grand jury, except for the deliberations and voting of the
grand jury and other discussions when the members of the grand jury
are the only persons present in the grand jury room. The evidence
and proceedings shall be recorded in the same manner as evidence
and proceedings are recorded in the court that impaneled the grand
jury. When ordered by the court, a transcript or a copy of the
recording shall be prepared and supplied to the requesting party. If
the transcript is supplied, it shall be at the cost of the party requesting
it. If a copy of the recording is supplied, the party requesting it is
responsible for the actual cost of reproduction. If a transcript has
already been prepared, the requesting party is responsible for the
actual cost of obtaining the copy. If the court finds the requesting
party is an indigent defendant, the cost of the transcript or copy of
the recording supplied to the defendant shall be paid by the county.
(e) The following oath must be administered to the grand jury:
"You, and each of you, do solemnly swear or affirm that you
will diligently inquire and make true presentment of all offenses
committed or triable within this county, of which you have or
can obtain legal evidence; that you will present no person
through malice, hatred, ill will, nor leave any unpresented
through fear, favor, or affection, or for any reward, or the
promise or hope thereof, but in all your indictments you will
present the truth, the whole truth, and nothing but the truth; that
you will not disclose any evidence given or proceeding had
before the grand jury; that you will keep secret whatever you or
any other grand juror may have said or in what manner you or
any other grand juror may have voted on a matter before the
grand jury.".
(f) The court shall provide a printed copy of the provisions of this
chapter to the grand jury upon the request of any member of the
grand jury. In addition, the court shall give the grand jurors any
instructions relating to the proper performance of their duties that the
court considers necessary.
(g) If a member of the grand jury has reason to believe that an
offense has been committed which is triable in the county, the
member may report this information to fellow jurors, who may then
investigate the alleged offense.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982,
P.L.204, SEC.24; P.L.320-1983, SEC.14; P.L.312-1985, SEC.3;
P.L.169-1988, SEC.6; P.L.33-1989, SEC.124; P.L.4-1998, SEC.13;
P.L.98-2004, SEC.144.
Last modified: May 24, 2006