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SECOND REGULAR SESSION
HOUSE BILL NO. 2790
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE ANDERSON.
6130H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 56.190 and 540.106, RSMo, and to enact in lieu thereof two new sections
relating to grand jury proceedings.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 56.190 and 540.106, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 56.190 and 540.106, to read as follows:
56.190. In all counties [ of class one ], the stenographers in the office of the
2 prosecuting attorney shall[ , when so directed by the prosecuting attorney of such county , ] take
3 down and transcribe for the use of the prosecuting attorney testimony and evidence before the
4 grand jury of said county and before any court of said county exercising criminal jurisdiction
5 or before the coroner of said county at any inquest held on any homicide or felony inquiry ,
6 and shall perform such other duties in the of fice of the prosecuting attorney as may be
7 necessary . Before taking down any evidence before the grand jury , such stenographers shall
8 be sworn to keep secret any fact disclosed in said grand jury room, and shall not divulge any
9 testimony which he or she may have heard there, except to the prosecuting attorney or when
10 lawfully required to do so by a court of record having jurisdiction in said matter . Any
11 information transcribed under this section shall be discoverable so long as all privileged
12 information is r edacted.
540.106. [ Any ] Each grand jury [ proceeding that includes ] proceed ing, including
2 any pr oceeding that involves testimony or other information from a witness who is granted
3 immunity from prosecution , shall be a recorded proceeding. In the event a person is indicted
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
4 as a result of such immunized testimony , the prosecutor shall provide a transcription of such
5 testimony to all defendants.
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HB 2790 2