GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 686
The General Assembly of North Carolina enacts:
Section 1. G.S. 15A-622(h) reads as rewritten:
"(h) A written petition for convening of grand jury under this section may be filed by the district attorney, with the approval of a committee of at least three members of the North Carolina Conference of District Attorneys, and with the concurrence of the Attorney General, with the Clerk of the North Carolina Supreme Court. The Chief Justice shall appoint a panel of three judges to determine whether to order the grand jury convened. A grand jury under this section may be convened if the three-judge panel determines that:
(1) The petition alleges the commission of or a conspiracy to commit a violation of G.S. 90-95(h) or G.S. 90-95.1, any part of which violation or conspiracy occurred in the county where the grand jury sits, and that persons named in the petition have knowledge related to the identity of the perpetrators of those crimes but will not divulge that knowledge voluntarily or that such persons request that they be allowed to testify before the grand jury; and
(2) The affidavit sets forth facts that establish probable cause to believe that the crimes specified in the petition have been committed and reasonable grounds to suspect that the persons named in the petition have knowledge related to the identity of the perpetrators of those crimes.
The affidavit shall be based upon personal knowledge or, if the source of the information and basis for the belief are stated, upon information and belief. The panel's order convening the grand jury as an investigative grand jury shall direct the grand jury to investigate the crimes and persons named in the petition, and shall be filed with the Clerk of the North Carolina Supreme Court. A grand jury so convened retains all powers, duties, and responsibilities of a grand jury under this Article. The contents of the petition and the affidavit shall not be disclosed. Upon receiving a petition under this subsection, the Chief Justice shall appoint a panel to determine whether the grand jury should be convened as an investigative grand jury.
A grand jury authorized by this subsection may be convened from an existing grand jury or grand juries authorized by subsection (b) of this section or may be convened as an additional grand jury to an existing grand jury or grand juries. Notwithstanding subsection (b) of this section, grand jurors impaneled pursuant to this subsection shall serve for a period of 12 months, and, if an additional grand jury is convened, 18 persons shall be selected to constitute that grand jury. At any time for cause shown, the presiding superior court judge may excuse a juror temporarily or permanently, and in the latter event the court may impanel another person in place of the juror excused."
Sec. 2. G.S. 15A-623(h) reads as rewritten:
"(h) If a grand jury is
convened pursuant to G.S. 15A-622(h), notwithstanding subsection (d) of this
section, a prosecutor shall be present to examine witnesses, and a court
reporter shall be present and record the examination of witnesses. The record
shall be transcribed. If the prosecutor determines that it is necessary to
compel testimony from the witness, he may grant use immunity to the witness.
The grant of use immunity shall be given to the witness in writing by the
prosecutor and shall be signed by the prosecutor. The written grant of use
immunity shall also be read into the record by the prosecutor and shall include
an explanation of use immunity as provided in G.S. 15A-1051. A witness shall
have the right to leave the grand jury room to consult with his counsel at
reasonable intervals and for a reasonable period of time upon the request of
the witness. Notwithstanding subsection (e) of this section, the record of the
examination of witnesses shall be made available to the examining prosecutor,
and he may disclose contents of the record to other investigative or
law-enforcement officers, the witness or his attorney to the extent that the
disclosure is appropriate to the proper performance of his official duties. The
record of the examination of a witness may be used in a trial to corroborate
or impeach that witness to the extent that it is relevant and otherwise
admissible. Further disclosure of grand jury proceedings convened pursuant to
this act may be made upon written order of a superior court judge if the judge
determines disclosure is essential:
(1) To prosecute a witness who appeared before the grand jury for contempt or perjury; or
(2) To protect a defendant's constitutional rights or statutory rights to discovery pursuant to G.S. 15A-903.
Upon the convening of the investigative grand jury pursuant
to approval by the three-judge panel, the district attorney shall subpoena the
witnesses. The subpoena shall be served by the investigative grand jury
officer, who shall be appointed by the court. The name of the person subpoenaed
and the issuance and service of the subpoena shall not be disclosed, except
that a witness so subpoenaed may divulge that information. A The
presiding superior court judge shall hear any matter concerning the
investigative grand jury in camera to the extent necessary to
prevent disclosure of its existence. The court reporter for the
investigative grand jury shall be present and record and transcribe the in
camera proceeding. The transcription of any in camera
proceeding and a copy of all subpoenas and other process shall be returned
to the Chief Justice or to such member of the three-judge panel as the Chief
Justice may designate, to be filed with the Clerk of the North Carolina Supreme
Court. The subpoena shall otherwise be subject to the provisions of G.S.
15A-801 and Article 43 of Chapter 15A. When an investigative grand jury has
completed its investigation of the crimes alleged in the petition, the
investigative functions of the grand jury shall be dissolved and such
investigation shall cease. The District Attorney shall file a notice of
dissolution of the investigative functions of the grand jury with the Clerk of
the North Carolina Supreme Court."
Sec. 3. Section 6 of Chapter 843 of the Session Laws of 1985, as amended by Chapter 1040 of the Session Laws of 1987, reads as rewritten:
"Sec. 6. This act shall become effective October
1, 1986 and shall expire October 1, 1991, but the said expiration date shall
not affect the term or authority of a grand jury consititued at that time. October
1, 1986."
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 13th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives