Read the full stored bill text
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~ G1/2
26/SS36/R202
PAGE 1 (ens\kr)
To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins
SENATE BILL NO. 2013
AN ACT TO REENACT THE STATE GRAND JURY ACT, WHICH WAS 1
REPEALED BY OPERATION OF LAW ON JULY 1, 2024; TO CODIFY THE LAW AT 2
ITS FORMER LOCATION, SECTIONS 13-7-1 THROUGH 13-7-47, MISSISSIPPI 3
CODE OF 1972; TO EXPAND THE SUBJECT MATTER JURISDICTION OF THE 4
STATE GRAND JURY TO INCLUDE OFFICER-INVOLVED SHOOTINGS, CERTAIN 5
EMBEZZLEMENT AND FRAUD INVESTIGATIONS AND PUBLIC CORRUPTION 6
CONTINGENT UPON THE APPROVAL OF A PROPOSED AMENDMENT TO SECTION 26 7
OF THE MISSISSIPPI CONSTITUTION OF 1890; TO REMOVE THE REQUIREMENT 8
THAT THE CRIMES MUST OCCUR WITHIN MORE THAN ONE CIRCUIT COURT 9
DISTRICT OR HAVE TRANSPIRED OR HAVE SIGNIFICANCE IN MORE THAN ONE 10
CIRCUIT COURT DISTRICT OF THIS STATE CONTINGENT UPON THE APPROVAL 11
OF A PROPOSED AMENDMENT TO SECTION 26 OF THE MISSISSIPPI 12
CONSTITUTION OF 1890; TO AUTHORIZE THE ATTORNEY GENERAL TO NOTIFY 13
THE PANEL JUDGE IN LIEU OF PETITIONING THE JUDGE; TO REQUIRE THE 14
PANEL JUDGE TO IMPANEL A JURY WITHIN 30 DAYS OF RECEIVING NOTICE 15
FROM THE ATTORNEY GENERAL; TO REMOVE THE AUTHORITY OF THE PANEL 16
JUDGE TO LIMIT THE AUTHORITY OF THE INVESTIGATION OF THE STATE 17
GRAND JURY; TO AMEND THE QUALIFICATIONS OF JURORS FOR THE STATE 18
GRAND JURY; TO AUTHORIZE THE PANEL JUDGE TO DENY THE REQUEST TO 19
AMEND THE NOTICE AND ORDER IMPANELING THE GRAND JURY; TO DELETE 20
THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY AND THE 21
MISSISSIPPI BUREAU OF NARCOTICS TO PROVIDE SPACE FOR THE STATE 22
GRAND JURY; TO REQUIRE LOCAL GOVERNMENT OFFICIALS AND LAW 23
ENFORCEMENT TO COOPERATE TO ASSIST IN PROVIDING ACCOMMODATION OF 24
THE STATE GRAND JURY; TO AMEND SECTION 99-11-3, MISSISSIPPI CODE 25
OF 1972, TO REINSTATE SECTION 99-11-3(2), WHICH WAS REPEALED BY 26
OPERATION OF LAW ON JULY 1, 2024; TO DELETE THE DATE OF THE 27
REPEALER ON THE PROVISION OF LAW RELATING TO VENUE FOR INDICTMENTS 28
BY THE STATE GRAND JURY; AND FOR RELATED PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 2 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
SECTION 1. Section 13-7-1, Mississippi Code of 1972, which 31
was repealed by operation of law on July 1, 2024, is reenacted as 32
follows: 33
13-7-1. This chapter may be cited as the "State Grand Jury 34
Act," and any state grand jury which may be convened as provided 35
herein shall be known as "State Grand Jury of Mississippi." 36
SECTION 2. Section 13-7-3, Mississippi Code of 1972, which 37
was repealed by operation of law on July 1, 2024, is reenacted as 38
follows: 39
13-7-3. For purposes of this chapter: 40
(a) The phrase "Attorney General or his designee" also 41
includes: 42
(i) The Attorney General or his designees; 43
(ii) The Attorney General and his designee or 44
designees. 45
(b) The term "impaneling judge" means any senior 46
circuit court judge of any circuit court district who, upon 47
petition by the Attorney General, impanels a state grand jury 48
under the provisions of this chapter and shall also include any 49
successor to such judge as provided by law. 50
SECTION 3. Section 13-7-5, Mississippi Code of 1972, which 51
was repealed by operation of law on July 1, 2024, is reenacted as 52
follows: 53
13-7-5. There is established a state grand jury system. 54
Each state grand jury shall consist of twenty (20) persons who may 55
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 3 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
be impaneled and who may meet at any suitable location within the 56
state as designated by the impaneling judge. Fifteen (15) members 57
of a state grand jury constitute a quorum. 58
SECTION 4. Section 13-7-7, Mississippi Code of 1972, which 59
was repealed by operation of law on July 1, 2024, is reenacted as 60
follows: 61
13-7-7. (1) The jurisdiction of a state grand jury 62
impaneled under this chapter extends throughout the state. The 63
subject matter jurisdiction of a state grand jury in all cases is 64
limited to offenses involving any and all conduct made unlawful by 65
the Mississippi Uniform Controlled Substances Law or any other 66
provision of law involving narcotics, dangerous drugs or 67
controlled substances, or any crime arising out of or in 68
connection with a crime involving narcotics, dangerous drugs or 69
controlled substances, and crimes involving any attempt, aiding, 70
abetting, solicitation or conspiracy to commit any of the 71
aforementioned crimes if the crimes occur within more than one (1) 72
circuit court district or have transpired or are transpiring or 73
have significance in more than one (1) circuit court district of 74
this state. 75
(2) Whenever the Attorney General considers it necessary, 76
and normal investigative or prosecutorial procedures are not 77
adequate, the Attorney General may petition in writing to the 78
senior circuit court judge of any circuit court district in this 79
state for an order impaneling a state grand jury. For the 80
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 4 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
purposes of this chapter, such judge shall be referred to as the 81
impaneling judge. The petition must allege the following: 82
(a) The type of offenses to be inquired into; 83
(b) That the state grand jury has jurisdiction to 84
consider such matters; 85
(c) That the offenses to be inquired into have occurred 86
within more than one (1) circuit court district or have transpired 87
or are transpiring or have significance in more than one (1) 88
circuit court district of this state; 89
(d) That the Attorney General has conferred with the 90
Commissioner of Public Safety and the Director of the Mississippi 91
Bureau of Narcotics and that each of such officials join in the 92
petition; and 93
(e) That the Attorney General has conferred with the 94
appropriate district attorney for each jurisdiction in which the 95
crime or crimes are alleged to have occurred. 96
(3) The impaneling judge, after due consideration of the 97
petition, may order the impanelment of a state grand jury in 98
accordance with the petition for a term of twelve (12) calendar 99
months. Upon petition by the Attorney General, the impaneling 100
judge, by order, may extend the term of that state grand jury for 101
a period of six (6) months, but the term of that state grand jury, 102
including any extension thereof, shall not exceed two (2) years. 103
(4) The impaneling judge shall preside over the state grand 104
jury until its discharge. 105
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 5 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
(5) The impaneling judge may discharge a state grand jury 106
prior to the end of its original term or any extensions thereof, 107
upon a determination that its business has been completed, or upon 108
the request of the Attorney General. 109
(6) If, at any time within the original term of any state 110
grand jury or any extension thereof, the impaneling judge 111
determines that the state grand jury is not conducting 112
investigative activity within its jurisdiction or proper 113
investigative activity, the impaneling judge may limit the 114
investigations so that the investigation conforms with the 115
jurisdiction of the state grand jury and existing law or he may 116
discharge the state grand jury. An order issued pursuant to this 117
subsection or under subsection (5) of this section shall not 118
become effective less than ten (10) days after the date on which 119
it is issued and actual notice given to the Attorney General and 120
the foreman of the state grand jury, and may be appealed by the 121
Attorney General to the Supreme Court. If an appeal from the 122
order is made, the state grand jury, except as otherwise ordered 123
by the Supreme Court, shall continue to exercise its powers 124
pending disposition of the appeal. 125
SECTION 5. Section 13-7-9, Mississippi Code of 1972, which 126
was repealed by operation of law on July 1, 2024, is reenacted as 127
follows: 128
13-7-9. A state grand jury may return indictments 129
irrespective of the county or judicial district where the offense 130
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 6 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
is committed. If an indictment is returned, it must be certified 131
and transferred for prosecution to the county designated by the 132
impaneling judge. The powers and duties of and the law applicable 133
to county grand juries apply to the state grand jury, except when 134
such powers and duties and applicable law are inconsistent with 135
the provisions of this chapter. 136
SECTION 6. Section 13-7-11, Mississippi Code of 1972, which 137
was repealed by operation of law on July 1, 2024, is reenacted as 138
follows: 139
13-7-11. The Attorney General or his designee shall attend 140
sessions of a state grand jury and shall serve as its legal 141
advisor. The Attorney General or his designee shall examine 142
witnesses, present evidence, and draft indictments and reports 143
upon the direction of a state grand jury. 144
SECTION 7. Section 13-7-13, Mississippi Code of 1972, which 145
was repealed by operation of law on July 1, 2024, is reenacted as 146
follows: 147
13-7-13. The impaneling judge shall appoint a circuit clerk 148
who shall serve as the clerk of the state grand jury. The 149
compensation of the state grand jury clerk shall be paid out of 150
any available funds appropriated for that purpose. 151
SECTION 8. Section 13-7-15, Mississippi Code of 1972, which 152
was repealed by operation of law on July 1, 2024, is reenacted as 153
follows: 154
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 7 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
13-7-15. After the impaneling judge orders a term for the 155
state grand jury on petition of the Attorney General, the 156
impaneling judge shall order that the circuit clerk for each 157
county shall proceed to draw at random from the jury box as 158
provided by Section 13-5-26, the name of one (1) voter of such 159
county for each two thousand (2,000) voters or fraction thereof 160
registered in such county and shall place these names on a list. 161
The circuit clerk shall not disqualify or excuse any individual 162
whose name is drawn. When the list is compiled, the clerk of the 163
circuit court for each county shall forward the list to the clerk 164
of the state grand jury. Upon receipt of all the lists from the 165
clerks of the circuit courts, the clerk of the state grand jury 166
shall place all the names so received upon a list which shall be 167
known as the master list. 168
The impaneling judge shall order the clerk of the state grand 169
jury to produce the master list and shall direct the random 170
drawing of the names of one hundred (100) persons from the master 171
list. The names drawn shall be given to the clerk of the state 172
grand jury who shall cause each person drawn for service to be 173
served with a summons either personally by the sheriff of the 174
county where the juror resides or by mail, addressed to the juror 175
at his usual residence, business or post office address, requiring 176
him to report for state grand jury service at a specified time and 177
place as designated by the impaneling judge. From the one hundred 178
(100) persons summoned, a state grand jury shall be drawn for that 179
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 8 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
term consisting of twenty (20) persons. State grand jurors must 180
be drawn in the same manner as jurors are drawn for service on the 181
county grand jury. 182
All qualified persons shall be liable to serve as state grand 183
jurors, unless excused by the court for one (1) of the following 184
causes: 185
(a) When the juror is ill, or when on account of 186
serious illness in the juror's family, the presence of the juror 187
is required at home; 188
(b) When the juror's attendance would cause a serious 189
financial loss to the juror or to the juror's business; or 190
(c) When the juror is under an emergency, fairly 191
equivalent to those mentioned in the foregoing paragraphs (a) and 192
(b). 193
An excuse of illness under paragraph (a) may be made to the 194
state grand jury clerk outside of open court by providing the 195
clerk with either a certificate of a licensed physician or an 196
affidavit of the juror, stating that the juror is ill or that 197
there is a serious illness in the juror's family. The test of an 198
excuse under paragraph (b) shall be whether, if the juror were 199
incapacitated by illness or otherwise for a week, some other 200
persons would be available or could reasonably be procured to 201
carry on the business for the week, and the test of an excuse 202
under paragraph (c) shall be such as to be the fair equivalent, 203
under the circumstances of that prescribed under paragraph (b). 204
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 9 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
In cases under paragraphs (b) and (c) the excuse must be made by 205
the juror, in open court, under oath. 206
It shall be unlawful for any employer or other person to 207
persuade or attempt to persuade any juror to avoid jury service, 208
or to intimidate or to threaten any juror in that respect. So to 209
do shall be deemed an interference with the administration of 210
justice and a contempt of court and punishable as such. 211
Every citizen over sixty-five (65) years of age shall be 212
exempt from service if he claims the privilege. No qualified 213
juror shall be excluded because of such reason, but the same shall 214
be a personal privilege to be claimed by any person selected for 215
state grand jury duty. Any citizen over sixty-five (65) years of 216
age may claim this personal privilege outside of open court by 217
providing the clerk of court with information that allows the 218
clerk to determine the validity of the claim. 219
The state grand jurors shall be charged by the impaneling 220
judge as to their authority and responsibility under the law and 221
each juror shall be sworn pursuant to Section 13-5-45. Nothing in 222
this section shall be construed as limiting the right of the 223
Attorney General or his designee to request that a potential state 224
grand juror be excused for cause. The jury selection process 225
shall be conducted by the impaneling judge. Jurors of a state 226
grand jury shall receive reimbursement for travel and mileage as 227
provided for state employees by Section 25-3-41 and shall be paid 228
per diem compensation in the amount provided by Section 25-3-69. 229
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 10 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
All compensation and expenses for meals and lodging of state grand 230
jurors shall be paid out of any available funds appropriated for 231
that purpose. 232
SECTION 9. Section 13-7-17, Mississippi Code of 1972, which 233
was repealed by operation of law on July 1, 2024, is reenacted as 234
follows: 235
13-7-17. The impaneling judge shall appoint one (1) of the 236
jurors to be a foreman and another to be deputy foreman. During 237
the absence of the foreman, the deputy foreman shall act as 238
foreman. The foreman and deputy foreman shall be sworn pursuant 239
to Section 13-5-45. 240
SECTION 10. Section 13-7-19, Mississippi Code of 1972, which 241
was repealed by operation of law on July 1, 2024, is reenacted as 242
follows: 243
13-7-19. After the state grand jurors shall have been sworn 244
and impaneled, no objections shall be raised by plea or otherwise, 245
to the state grand jury, but the impaneling of the state grand 246
jury shall be conclusive evidence of its competency and 247
qualifications. However, any party interested may challenge the 248
jury, except to the array, for fraud. 249
SECTION 11. Section 13-7-21, Mississippi Code of 1972, which 250
was repealed by operation of law on July 1, 2024, is reenacted as 251
follows: 252
13-7-21. The clerk of the state grand jury, upon request of 253
the Attorney General or his designee, shall issue subpoenas, or 254
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 11 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
subpoenas duces tecum to compel individuals, documents or other 255
materials to be brought from anywhere in the state or another 256
state to a state grand jury. In addition, a state grand jury may 257
proceed in the same manner as is provided for by law in relation 258
to the issuance of subpoenas and subpoenas duces tecum; however, 259
the provisions of such law shall not be considered a limitation 260
upon this section, but shall be supplemental thereto. The 261
subpoenas and subpoenas duces tecum may be for investigative 262
purposes and for the retention of documents or other materials so 263
subpoenaed for proper criminal proceedings. Any investigator 264
employed by the Attorney General or any law enforcement officer 265
with appropriate jurisdiction is empowered to serve such subpoenas 266
and subpoenas duces tecum and receive such documents and other 267
materials for return to a state grand jury. Any person violating 268
a subpoena or subpoena duces tecum issued pursuant to this 269
chapter, or who fails to fully answer all questions put to him 270
before proceedings of the state grand jury whenever the response 271
thereto is not privileged or otherwise protected by law, including 272
the granting of immunity as authorized by this chapter, or any 273
other law, may be punished by the impaneling judge for contempt 274
provided the response is not privileged or otherwise protected by 275
law. The Attorney General or his designee may petition the 276
impaneling judge to compel compliance by the person alleged to 277
have committed the violation or who has failed to answer. If the 278
impaneling judge considers compliance is warranted, he may order 279
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 12 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
compliance and may punish the individual for contempt, as provided 280
in Section 9-1-17, where the compliance does not occur. The clerk 281
of the state grand jury may also issue subpoenas and subpoenas 282
duces tecum to compel individuals, documents or other materials to 283
be brought from anywhere in the state to the trial of any 284
indictment returned by a state grand jury or the trial of any 285
civil forfeiture action arising out of an investigation conducted 286
by a state grand jury. 287
SECTION 12. Section 13-7-23, Mississippi Code of 1972, which 288
was repealed by operation of law on July 1, 2024, is reenacted as 289
follows: 290
13-7-23. Once a state grand jury has entered into a term, 291
the petition and order establishing and impaneling the state grand 292
jury may be amended as often as necessary and appropriate so as to 293
expand the areas of inquiry authorized by the order or to add 294
additional areas of inquiry thereto, consistent with the 295
provisions of this chapter. The procedures for amending this 296
authority are the same as those for filing the original petition 297
and order. 298
SECTION 13. Section 13-7-25, Mississippi Code of 1972, which 299
was repealed by operation of law on July 1, 2024, is reenacted as 300
follows: 301
13-7-25. A court reporter shall record either 302
stenographically or by use of an electronic recording device, all 303
state grand jury proceedings except when the state grand jury is 304
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 13 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
deliberating or voting. Subject to the limitations of Section 305
13-7-29 and any rule of court, a defendant has the right to review 306
and to reproduce the stenographically or electronically recorded 307
materials. Transcripts of the recorded testimony or proceedings 308
must be made when requested by the Attorney General or his 309
designee. An unintentional failure of any recording to reproduce 310
all or any portion of the testimony or proceeding shall not affect 311
the validity of the prosecution. The recording or reporter's 312
notes or any transcript prepared therefrom and all books, papers, 313
records and correspondence produced before the state grand jury 314
shall remain in the custody and control of the Attorney General or 315
his designee unless otherwise ordered by the court in a particular 316
case. 317
SECTION 14. Section 13-7-27, Mississippi Code of 1972, which 318
was repealed by operation of law on July 1, 2024, is reenacted as 319
follows: 320
13-7-27. The foreman shall administer an oath or affirmation 321
in the manner prescribed by law to any witness who testifies 322
before a state grand jury. 323
SECTION 15. Section 13-7-29, Mississippi Code of 1972, which 324
was repealed by operation of law on July 1, 2024, is reenacted as 325
follows: 326
13-7-29. (1) State grand jury proceedings are secret, and a 327
state grand juror shall not disclose the nature or substance of 328
the deliberations or vote of the state grand jury. The only 329
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 14 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
persons who may be present in the state grand jury room when a 330
state grand jury is in session, except for deliberations and 331
voting, are the state grand jurors, the Attorney General or his 332
designees, an interpreter if necessary and the witness testifying. 333
A state grand juror, the Attorney General or his designees, any 334
interpreter used and any person to whom disclosure is made 335
pursuant to subsection (2)(b) of this section may not disclose the 336
testimony of a witness examined before a state grand jury or other 337
evidence received by it except when directed by a court for the 338
purpose of: 339
(a) Ascertaining whether it is consistent with the 340
testimony given by the witness before the court in any subsequent 341
criminal proceedings; 342
(b) Determining whether the witness is guilty of 343
perjury; 344
(c) Assisting local, state or federal law enforcement 345
or investigating agencies, including another grand jury, in 346
investigating crimes under their investigative jurisdiction; 347
(d) Providing the defendant the materials to which he 348
is entitled pursuant to Section 13-7-25; or 349
(e) Complying with constitutional, statutory or other 350
legal requirements or to further justice. 351
If the court orders disclosure of matters occurring before a 352
state grand jury, the disclosure shall be made in that manner, at 353
that time, and under those conditions as the court directs. 354
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 15 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
(2) In addition, disclosure of testimony of a witness 355
examined before a state grand jury or other evidence received by 356
it may be made without being directed by a court to: 357
(a) The Attorney General or his designees for use in 358
the performance of their duties; or 359
(b) Those governmental personnel, including personnel 360
of the state or its political subdivisions, as are considered 361
necessary by the Attorney General or his designee to assist in the 362
performance of their duties to enforce the criminal laws of the 363
state; however, any person to whom matters are disclosed under 364
this paragraph (b) shall not utilize the state grand jury material 365
for purposes other than assisting the Attorney General or his 366
designee in the performance of their duties to enforce the 367
criminal laws of this state. The Attorney General or his 368
designees shall promptly provide the impaneling judge the names of 369
the persons to whom the disclosure has been made and shall certify 370
that he has advised these persons of their obligations of secrecy 371
under this section. 372
(3) Nothing in this section affects the attorney-client 373
relationship. A client has the right to communicate to his 374
attorney any testimony given by the client to a state grand jury, 375
any matters involving the client discussed in the client's 376
presence before a state grand jury and evidence involving the 377
client received by a proffer to a state grand jury in the client's 378
presence. 379
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 16 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
(4) Any person violating the provisions of this section is 380
guilty of a misdemeanor and, upon conviction, shall be punished by 381
a fine not exceeding Five Thousand Dollars ($5,000.00), or by a 382
term of imprisonment not exceeding one (1) year, or by both such 383
fine and imprisonment. 384
(5) State grand jurors, the Attorney General and his 385
designee, any interpreter used and the clerk of the state grand 386
jury shall be sworn to secrecy and also may be punished for 387
criminal contempt for violations of this section. 388
SECTION 16. Section 13-7-31, Mississippi Code of 1972, which 389
was repealed by operation of law on July 1, 2024, is reenacted as 390
follows: 391
13-7-31. Except for the prosecution of cases arising from 392
indictments issued by the state grand jury, the impaneling judge 393
has jurisdiction to hear all matters arising from the proceedings 394
of a state grand jury, including, but not limited to, matters 395
related to the impanelment or removal of state grand jurors, the 396
quashing of subpoenas and the punishment for contempt. 397
SECTION 17. Section 13-7-33, Mississippi Code of 1972, which 398
was repealed by operation of law on July 1, 2024, is reenacted as 399
follows: 400
13-7-33. The Attorney General or his designee shall 401
coordinate the scheduling of activities of any state grand jury. 402
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 17 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
SECTION 18. Section 13-7-35, Mississippi Code of 1972, which 403
was repealed by operation of law on July 1, 2024, is reenacted as 404
follows: 405
13-7-35. (1) In order to return a "True Bill" of 406
indictment, twelve (12) or more state grand jurors must find that 407
probable cause exists for the indictment and vote in favor of the 408
indictment. Upon indictment by a state grand jury, the indictment 409
shall be returned to the impaneling judge. If the impaneling 410
judge considers the indictment to be within the authority of the 411
state grand jury and otherwise in accordance with the provisions 412
of this chapter, he shall order the clerk of the state grand jury 413
to certify the indictment and return the indictment to the county 414
designated by the impaneling judge as the county in which the 415
indictment shall be tried. 416
(2) Indictments returned by a state grand jury are properly 417
triable in any county of the state where any of the alleged 418
conduct occurred. The impaneling judge to whom the indictment is 419
returned shall designate the county in which the indictment shall 420
be tried. If a multicount indictment returned by a state grand 421
jury is properly triable in a single proceeding as otherwise 422
provided by law, all counts may be tried in the county designated 423
by the impaneling judge notwithstanding the fact that different 424
counts may have occurred in more than one (1) county. 425
(3) In determining the venue for indictments returned by a 426
state grand jury, the impaneling judge shall select the county in 427
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 18 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
which the state and defendant may receive a fair trial before an 428
impartial jury taking into consideration the totality of the 429
circumstances of each case. 430
(4) When the indictment has been returned to the circuit 431
clerk of the county designated by the impaneling judge, the capias 432
shall be issued as otherwise provided by law. The indictment 433
shall be kept secret until the defendant is in custody or has been 434
released pending trial. 435
SECTION 19. Section 13-7-37, Mississippi Code of 1972, which 436
was repealed by operation of law on July 1, 2024, is reenacted as 437
follows: 438
13-7-37. If any person asks to be excused from testifying 439
before a state grand jury or from producing any books, papers, 440
records, correspondence or other documents before a state grand 441
jury on the ground that the testimony or evidence required of him 442
may tend to incriminate him or subject him to any penalty or 443
forfeiture and such person, notwithstanding such ground, is 444
directed by the impaneling judge to give the testimony or produce 445
the evidence, he shall comply with this direction, but no 446
testimony so given or evidence produced may be received against 447
him in any criminal action, investigation or criminal proceeding. 448
No individual testifying or producing evidence or documents is 449
exempt from prosecution or punishment for any perjury committed by 450
him while so testifying, and the testimony or evidence given or 451
produced is admissible against him upon any criminal action, 452
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 19 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
criminal investigation or criminal proceeding concerning this 453
perjury; however, any individual may execute, acknowledge and file 454
a statement with the appropriate court expressly waiving immunity 455
or privilege in respect to any testimony given or produced and 456
thereupon the testimony or evidence given or produced may be 457
received or produced before any judge or justice, court tribunal, 458
grand jury or otherwise, and if so received or produced, the 459
individual is not entitled to any immunity or privilege on account 460
of any testimony he may give or evidence produced. 461
SECTION 20. Section 13-7-39, Mississippi Code of 1972, which 462
was repealed by operation of law on July 1, 2024, is reenacted as 463
follows: 464
13-7-39. Records, orders and subpoenas related to state 465
grand jury proceedings shall be kept under seal to the extent and 466
for the time that is necessary to prevent disclosure of matters 467
occurring before a state grand jury. 468
SECTION 21. Section 13-7-41, Mississippi Code of 1972, which 469
was repealed by operation of law on July 1, 2024, is reenacted as 470
follows: 471
13-7-41. The Attorney General shall make available suitable 472
space for state grand juries to meet. The Mississippi Department 473
of Public Safety and the Mississippi Bureau of Narcotics may 474
provide such services as required by the Attorney General and the 475
state grand juries. 476
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 20 (ens\kr)
ST: State Grand Jury Act; reinstate and expand
scope.
SECTION 22. Section 13-7-43, Mississippi Code of 1972, which 477
was repealed by operation of law on July 1, 2024, is reenacted as 478
follows: 479
13-7-43. The Supreme Court may promulgate rules as are 480
necessary for the operation of the state grand jury system 481
established by this chapter. 482
SECTION 23. Section 13-7-45, Mississippi Code of 1972, which 483
was repealed by operation of law on July 1, 2024, is reenacted as 484
follows: 485
13-7-45. If any part of this chapter is declared invalid, 486
unenforceable or unconstitutional by a court of competent 487
jurisdiction, that part shall be severable from the remaining 488
portions of this chapter, which portions shall remain in full 489
force and effect as if the invalid, unenforceable or 490
unconstitutional portion were omitted. 491
SECTION 24. Section 13-7-47, Mississippi Code of 1972, which 492
was repealed by operation of law on July 1, 2024, is reenacted as 493
follows: 494
13-7-47. This chapter applies to offenses committed both 495
before and after its effective date. 496
SECTION 25. Section 99-11-3, Mississippi Code of 1972, is 497
reenacted and amended as follows: 498
99-11-3. * * * The local jurisdiction of all offenses, 499
unless otherwise provided by law, shall be in the county where 500
committed. But, if on the trial the evidence makes it doubtful in 501
S. B. No. 2013 *SS36/R202* ~ OFFICIAL ~
26/SS36/R202
PAGE 21 (ens\kr)
which of several counties, including that in which the indictment 502
or affidavit alleges the offense was committed, such doubt shall 503
not avail to procure the acquittal of the defendant. 504
* * * 505
SECTION 26. This act shall take effect and be in force from 506
and after its passage. 507