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REFERENCE TITLE: grand juries; evidence |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1492 |
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Introduced by Senator Gould
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AN ACT
amending sections 21-235 and 21-412, Arizona Revised Statutes; relating to juries.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 21-235, Arizona Revised Statutes, is amended to read:
21-235. Recording, listening to, observing proceedings unlawful; classification
A. A person who knowingly, by any means whatsoever, records all or part of the proceedings of any grand jury while it is in session or listens to or observes the proceedings of any grand jury of which he is not a member while such jury is in session is guilty of a class 2 misdemeanor.
B. This section does not prohibit:
1. The prescribed activities of the court, the prosecuting officer, a court reporter designated by the court, or an interpreter designated by the court.
2. The taking of notes by a grand juror in connection with and solely for the purpose of assisting him in the performance of his duties as such juror.
3. The appearance, for the purposes of giving the testimony, of a witness.
4. The appearance, for the purpose of presenting evidence when permitted pursuant to section 21‑412, of a person being investigated and his counsel.
Sec. 2. Section 21-412, Arizona Revised Statutes, is amended to read:
21-412. Evidence on behalf of person under investigation
The grand jurors are under no duty to shall hear evidence at the request of the person under investigation, but may do so. The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided that such counsel may not communicate with anyone other than his client. If such counsel communicates with anyone other than his client he may be summarily expelled by the court from the grand jury chambers. The grand jurors shall weigh all the evidence received by them and when they have reasonable ground to believe that other evidence, which is available, will explain away the contemplated charge, they may require the evidence to be produced.