Grand jury; proceedings and operation in general

§ 190.25 Grand jury; proceedings and operation in general.\n 1. Proceedings of a grand jury are not valid unless at least sixteen\nof its members are present. The finding of an indictment, a direction to\nfile a prosecutor's information, a decision to submit a grand jury\nreport and every other affirmative official action or decision requires\nthe concurrence of at least twelve members thereof.\n 2. The foreman or any other grand juror may administer an oath to any\nwitness appearing before the grand jury.\n 3. Except as provided in subdivision three-a of this section, during\nthe deliberations and voting of a grand jury, only the grand jurors may\nbe present in the grand jury room. During its other proceedings, the\nfollowing persons, in addition to witnesses, may, as the occasion\nrequires, also be present:\n (a) The district attorney;\n (b) A clerk or other public servant authorized to assist the grand\njury in the administrative conduct of its proceedings;\n (c) A stenographer authorized to record the proceedings of the grand\njury;\n (d) An interpreter. Upon request of the grand jury, the prosecutor\nmust provide an interpreter to interpret the testimony of any witness\nwho does not speak the English language well enough to be readily\nunderstood. Such interpreter must, if he has not previously taken the\nconstitutional oath of office, first take an oath before the grand jury\nthat he will faithfully interpret the testimony of the witness and that\nhe will keep secret all matters before such grand jury within his\nknowledge;\n (e) A public servant holding a witness in custody. When a person held\nin official custody is a witness before a grand jury, a public servant\nassigned to guard him during his grand jury appearance may accompany him\nin the grand jury room. Such public servant must, if he has not\npreviously taken the constitutional oath of office, first take an oath\nbefore the grand jury that he will keep secret all matters before it\nwithin his knowledge.\n (f) An attorney representing a witness pursuant to section 190.52 of\nthis chapter while that witness is present.\n (g) An operator, as that term is defined in section 190.32 of this\nchapter, while the videotaped examination of either a special witness or\na child witness is being played.\n (h) A social worker, rape crisis counselor, psychologist or other\nprofessional providing emotional support to a child witness twelve years\nold or younger, or a social worker or informal caregiver, as provided in\nsubdivision two of section two hundred six of the elder law, for a\nvulnerable elderly person as provided in subdivision three of section\n260.31 of the penal law, who is called to give evidence in a grand jury\nproceeding concerning a crime defined in article one hundred twenty-one,\narticle one hundred thirty, article two hundred sixty, section 120.10,\n125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27\nof the penal law provided that the district attorney consents. Such\nsupport person shall not provide the witness with an answer to any\nquestion or otherwise participate in such proceeding and shall first\ntake an oath before the grand jury that he or she will keep secret all\nmatters before such grand jury within his or her knowledge.\n 3-a. Upon the request of a deaf or hearing-impaired grand juror, the\nprosecutor shall provide a sign language interpreter for such juror.\nSuch interpreter shall be present during all proceedings of the grand\njury which the deaf or hearing-impaired grand juror attends, including\ndeliberation and voting. The interpreter shall, if he or she has not\npreviously taken the constitutional oath of office, first take an oath\nbefore the grand jury that he or she will faithfully interpret the\ntestimony of the witnesses and the statements of the prosecutor, judge\nand grand jurors; keep secret all matters before such grand jury within\nhis or her knowledge; and not seek to influence the deliberations and\nvoting of such grand jury.\n 4. (a) Grand jury proceedings are secret, and no grand juror, or other\nperson specified in subdivision three of this section or section 215.70\nof the penal law, may, except in the lawful discharge of his duties or\nupon written order of the court, disclose the nature or substance of any\ngrand jury testimony, evidence, or any decision, result or other matter\nattending a grand jury proceeding. For the purpose of assisting the\ngrand jury in conducting its investigation, evidence obtained by a grand\njury may be independently examined by the district attorney, members of\nhis staff, police officers specifically assigned to the investigation,\nand such other persons as the court may specifically authorize. Such\nevidence may not be disclosed to other persons without a court order.\nNothing contained herein shall prohibit a witness from disclosing his\nown testimony.\n (b) When a district attorney obtains evidence during a grand jury\nproceeding which provides reasonable cause to suspect that a child has\nbeen abused or maltreated, as those terms are defined by section ten\nhundred twelve of the family court act, he must apply to the court\nsupervising the grand jury for an order permitting disclosure of such\nevidence to the state central register of child abuse and maltreatment.\nA district attorney need not apply to the court for such order if he has\npreviously made or caused a report to be made to the state central\nregister of child abuse and maltreatment pursuant to section four\nhundred thirteen of the social services law and the evidence obtained\nduring the grand jury proceeding, or substantially similar information,\nwas included in such report. The district attorney's application to the\ncourt shall be made ex parte and in camera. The court must grant the\napplication and permit the district attorney to disclose the evidence to\nthe state central register of child abuse and maltreatment unless the\ncourt finds that such disclosure would jeopardize the life or safety of\nany person or interfere with a continuing grand jury proceeding.\n 5. The grand jury is the exclusive judge of the facts with respect to\nany matter before it.\n 6. The legal advisors of the grand jury are the court and the district\nattorney, and the grand jury may not seek or receive legal advice from\nany other source. Where necessary or appropriate, the court or the\ndistrict attorney, or both, must instruct the grand jury concerning the\nlaw with respect to its duties or any matter before it, and such\ninstructions must be recorded in the minutes.\n