HF 3088

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to grand juries; authorizing limited disclosure by the court of verbatim
grand jury record in the interests of justice; amending Minnesota Statutes 2004,
section 628.68.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 628.68, is amended to read:

628.68 DISCLOSURE OF TRANSACTIONS OF GRAND JURY.

new text begin Subdivision 1. new text end

new text begin Disclosure prohibited. new text end

Except as otherwise provided in rule 18.08
of the Rules of Criminal Procedure, every judge, grand juror, county attorney, court
administrator, or other officer, who, except in the due discharge of official duty, shall
disclose, before an accused person shall be in custody, the fact that an indictment found
or ordered against the accused person, and every grand juror who, except when lawfully
required by a court or officer, shall willfully disclose any evidence adduced before the
grand jury, or anything which the juror or any other member of the grand jury said, or
in what manner any grand juror voted upon any matter before them, shall be guilty of a
misdemeanor. Disclosure may be made by the county attorney, by notice to the defendant
or the defendant's attorney of the indictment and the time of defendant's appearance in
the district court, if in the discretion of the judge notice is sufficient to insure defendant's
appearance.

new text begin Subd. 2. new text end

new text begin Limited disclosure; hearing new text end

new text begin (a) Notwithstanding subdivision 1, rule 18.05
of the Rules of Criminal Procedure, or rule 4 of the Rules of Public Access to Records of
the judicial branch, a verbatim record of a grand jury proceeding may be disclosed for
limited purposes as specified in paragraphs (b) to (f).
new text end

new text begin (b) The court, upon petition of an interested party, may hold a hearing to determine
if it would be in the best interests of justice for ordering limited disclosure of a verbatim
grand jury record.
new text end

new text begin (c) If a petition is filed under paragraph (b), the court must consider and evaluate all
relevant factors in determining the best interests of justice in disclosing a verbatim grand
jury record including, but not limited to, the following factors:
new text end

new text begin (1) whether factors in the petitioners' case for limited disclosure in the best interests
of justice are outweighed by any or all of the following concerns for protecting grand
jury secrecy:
new text end

new text begin (i) protection of jurors to protect the investigatory function;
new text end

new text begin (ii) jurors' deliberations should not be restricted by the apprehension that persons
subject to indictment may be given the opportunity to importune the jurors;
new text end

new text begin (iii) that witnesses who have information are not discouraged from giving testimony
free of tampering;
new text end

new text begin (iv) innocent suspects who are exonerated are afforded protection against disclosure
of the fact that the suspect has been groundlessly accused; or
new text end

new text begin (v) prosecuting authorities are protected against the risk that a person indicted might
flee the jurisdiction before the person's apprehension;
new text end

new text begin (2) whether limited disclosure of a verbatim grand jury record would tend to bring
closure to a victim or a victim's family; and
new text end

new text begin (3) whether the lapse of time has eroded any of the factors specified in clause (1).
new text end

new text begin (d) The petitioner has the burden of establishing by clear and convincing evidence
that limited disclosure of a grand jury verbatim record would be in the best interests
of justice.
new text end

new text begin (e) The court shall make detailed findings on each of the factors put forward by the
petitioner for allowing limited disclosure and explain how the factors led to its conclusions
and to the determination of whether the court would be in the interests of justice to allow
limited disclosure.
new text end

new text begin (f) If the court authorizes limited disclosure under paragraph (e), the court in its
order shall limit the consequences of disclosure insofar as practical, and contain necessary
protective measures to ensure the integrity of the grand jury process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end