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BILL AS INTRODUCED 2007-2008

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H.366

Introduced by Representative McCullough of Williston

Referred to Committee on

Date:

Subject:  Criminal procedure; inquest and grand jury proceedings; right to presence of attorney

Statement of purpose:  This bill proposes to permit persons to have attorneys present during inquest and grand jury proceedings.

AN ACT RELATING TO THE PRESENCE OF ATTORNEYS AT INQUEST AND GRAND JURY PROCEEDINGS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 5132 is amended to read:

§ 5132.  PROCEDURE

A judge may issue necessary process to bring witnesses before him or her to give evidence in any matter there under investigation.  The witnesses shall be permitted to have an attorney present during the inquest proceeding, and shall be sworn and paid the same fees as witnesses in the district court.  A judge so conducting an inquest shall not be disqualified from trying the cause which was the subject of inquiry at such inquest.

Sec. 2.  Rule 6 of the Vermont Rules of Criminal Procedure is revised to read:

RULE 6.  THE GRAND JURY

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(e)  Who May Be Present.  Prosecuting attorneys, the witness under examination, an attorney for the witness under examination, interpreters when needed, and, for the purpose of taking testimony, a court reporter or operator of a recording device may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us