reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 5A - Alternate Plan and Procedure for Qualification, Selection, Drawing,summoning and Empaneling of Juries. › Section 12-16-146 - Use of Mechanical or Electronic Data Processing Equipment for Selecting, Qualifying, etc., Juries.

Section 12-16-146
Use of mechanical or electronic data processing equipment for selecting, qualifying, etc., juries.
Any of the procedures established in Title 12, Chapter 16, governing the selecting, qualifying, drawing, summoning, and empaneling of juries (including but not limited to any one or all of the following procedures: compilation and maintenance of the master list; the combined qualification and summoning process; the selection and maintenance of the trial court jury box, including the preparation and issuance of qualification questionnaires; the drawing from the trial court jury box; the preparation of the venire list and summons; or the compilation of the master or other strike lists) may be accomplished and maintained by mechanical or electronic data processing equipment available to an individual county or to several counties, or centralized for all the counties or any combination thereof after written notice to the Administrative Director of Courts. The actual presence of any official normally required to be present shall not be required when mechanical or electronic data processing equipment is used to implement any of the foregoing procedures.
Any procedure accomplished by mechanical or electronic data processing equipment shall be performed in accordance with any random selection requirement of Title 12, Chapter 16, and shall be open to public inspection, and further, shall constitute a public drawing or selection.
(Acts 1981, No. 81-788, p. 1381, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 6 - Challenges of Jurors. › Section 12-16-150 - Challenges of Jurors for Cause - Grounds Generally.

Section 12-16-150
Challenges of jurors for cause - Grounds generally.
It is good ground for challenge of a juror by either party:
(1) That the person has not been a resident householder or freeholder of the county for the last preceding six months.
(2) That he is not a citizen of Alabama.
(3) That he has been indicted within the last 12 months for felony or an offense of the same character as that with which the defendant is charged.
(4) That he is connected by consanguinity within the ninth degree, or by affinity within the fifth degree, computed according to the rules of the civil law, either with the defendant or with the prosecutor or the person alleged to be injured.
(5) That he has been convicted of a felony.
(6) That he has an interest in the conviction or acquittal of the defendant or has made any promise or given any assurance that he will convict or acquit the defendant.
(7) That he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.
(8) That he is under 19 years of age.
(9) That he is of unsound mind.
(10) That he is a witness for the other party.
(11) That the juror, in any civil case, is plaintiff or defendant in a case which stands for trial during the week he is challenged or is related by consanguinity within the ninth degree or by affinity within the fifth degree, computed according to the rules of the civil law, to any attorney in the case to be tried or is a partner in business with any party to such case.
(12) That the juror, in any civil case, is an officer, employee or stockholder of or, in case of a mutual company, is the holder of a policy of insurance with an insurance company indemnifying any party to the case against liability in whole or in part or holding a subrogation claim to any portion of the proceeds of the claim sued on or being otherwise financially interested in the result of the case.
(Code 1852, §§628, 631; Code 1867, §§4180, 4193; Code 1876, §§4881, 4884; Code 1886, §4331; Code 1896, §5016; Code 1907, §7276; Code 1923, §8610; Code 1940, T. 30, §55; Acts 1955, No. 260, p. 605; Acts 1981, No. 81-97, p. 115.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 6 - Challenges of Jurors. › Section 12-16-151 - Challenges of Jurors for Cause - Manner of Proof.

Section 12-16-151
Challenges of jurors for cause - Manner of proof.
Of the causes of challenge specified in Section 12-16-150, the first four may be proved by the oath of the person summoned or by other evidence, the fifth and sixth by other testimony only, the seventh by the oath of the person alone and the others as the court may direct.
(Code 1852, §§629, 631; Code 1867, §§4181, 4183; Code 1876, §§4882, 4884; Code 1886, §4332; Code 1896, §5017; Code 1907, §7277; Code 1923, §8611; Code 1940, T. 30, §56.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 6 - Challenges of Jurors. › Section 12-16-152 - Challenges of Jurors for Cause - Additional Grounds for Challenge by State in Certain Cases.

Section 12-16-152
Challenges of jurors for cause - Additional grounds for challenge by state in certain cases.
On the trial for any offense which may be punished capitally or by imprisonment in the penitentiary, it is a good cause of challenge by the state that the person would refuse to impose the death penalty regardless of the evidence produced or has a fixed opinion against penitentiary punishment or thinks that a conviction should not be had on circumstantial evidence, which cause of challenge may be proved by the oath of the person or by other evidence.
(Code 1852, §630; Code 1867, §4182; Code 1876, §4883; Code 1886, §4333; Code 1896, §5018; Code 1907, §7278; Code 1923, §8612; Code 1940, T. 30, §57.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 7 - Oaths of Jurors. › Section 12-16-170 - Petit Jurors.

Section 12-16-170
Petit jurors.
The following oath shall be administered by the clerk, in the presence of the court, to each of the petit jurors: "You do solemnly swear (or affirm, as the case may be) that you will well and truly try all issues which maybe submitted to you during the present session (or week, as the case may be), and true verdicts render according to the evidence - so help you God"; and the same oath must be administered to the talesman, substituting the word "day" for "session."
(Code 1852, §542; Code 1867, §4092; Code 1876, §4765; Code 1886, §4328; Code 1896, §5013; Code 1907, §7273; Code 1923, §8608; Code 1940, T. 30, §58.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 7 - Oaths of Jurors. › Section 12-16-171 - Grand Jury Foreman.

Section 12-16-171
Grand jury foreman.
The following oath shall be administered to the foreman of the grand jury: "You, as foreman of the grand jury of _____ county, do solemnly swear (or affirm as the case may be) that you will diligently inquire and true presentment make of all indictable offenses given you in charge, as well as those brought to your knowledge, committed or triable within the county; the state's counsel, your fellows' and your own you shall keep secret; you shall present no person from envy, hatred or malice, nor leave any one unpresented from fear, affection, reward or the hope thereof; but you shall present all things truly as they come to your knowledge, to the best of your understanding. So help you God."
(Code 1852, §532; Code 1867, §4082; Code 1876, §4755; Code 1886, §4339; Code 1896, §5024; Code 1907, §7284; Code 1923, §8666; Code 1940, T. 30, §73.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 7 - Oaths of Jurors. › Section 12-16-172 - Grand Jurors.

Section 12-16-172
Grand jurors.
After the oath prescribed in Section 12-16-171 has been administered to the foreman, the following oath shall be administered to the other grand jurors: "The same oath which your foreman has taken, on his part, you and each of you, on your respective parts, shall well and truly observe and keep. So help you God."
(Code 1852, §533; Code 1867, §4083; Code 1876, §4756; Code 1886, §4340; Code 1896, §5025; Code 1907, §7285; Code 1923, §8667; Code 1940, T. 30, §74.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 7 - Oaths of Jurors. › Section 12-16-173 - Reversal of Criminal Cases Appealed to Court of Criminal Appeals on Ground of Defect in Administration of Oath to Grand or Petit Juries.

Section 12-16-173
Reversal of criminal cases appealed to Court of Criminal Appeals on ground of defect in administration of oath to grand or petit juries.
No criminal case taken by appeal to the Court of Criminal Appeals shall be reversed because of any defect in the administration of the oath to any grand or petit jury, unless the record in the case discloses the fact that some objection was taken in the court below during the progress of the trial, based on such defect.
(Code 1886, §4329; Code 1896, §5014; Code 1907, §7274; Code 1923, §8609; Code 1940, T. 30, §59.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-190 - Empaneling of Grand Juries Generally; Recessing and Reassembling of Grand Juries.

Section 12-16-190
Empaneling of grand juries generally; recessing and reassembling of grand juries.
(a) There shall be empaneled in every county having less than 50,000 population not less than two grand juries in every year; and, when they have completed their labors, in its discretion, the court may permit them to take a recess subject to the call of the judge of the circuit court or Chief Justice of the Supreme Court, and they may be reassembled at any place where the circuit court of the county is to be held.
(b) In all counties having over 50,000 population, there shall be empaneled not less than four grand juries in every year.
(Acts 1915, No. 712, p. 809; Code 1923, §8665; Code 1940, T. 30, §72.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-191 - Duty of Grand Juries as to Condition of County Jail, Etc.

Section 12-16-191
Duty of grand juries as to condition of county jail, etc.
It shall be the duty of the grand jury to determine at least once annually the condition of the county jail in regard to its sufficiency for the safekeeping of prisoners and their accommodation and health and to inquire into the manner in which the same has been kept since the last determination. The determination may include a personal inspection and a review of all inspection records of the jail. If it shall be found that such jail is not constructed in the manner prescribed by law and so strongly and securely built as to prevent the escape of prisoners confined therein and properly ventilated, the grand jury shall, as often as may be necessary, present its findings to the district attorney, sheriff and county commission for appropriate action.
(Code 1852, §§544, 772; Code 1867, §§906, 4094; Code 1876, §§825, 4767; Code 1886, §4341; Code 1896, §5026; Code 1907, §7287; Code 1923, §8669; Code 1940, T. 30, §76; Act 2012-390, p. 1049, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-192 - Examination of County Treasury and Bonds of County Officers, Inquiry Into Indictable Offenses Committed or Triable Within County, Etc.

Section 12-16-192
Examination of county treasury and bonds of county officers, inquiry into indictable offenses committed or triable within county, etc.
It shall be the duty of the grand jury to examine into the condition of the county treasury and the bonds of all county officers with regard to their correctness and sufficiency and to report upon the same, to inquire into all indictable offenses committed or triable within the county, which, as they may be advised by the court, are not barred by the lapse of time or some other cause, and to perform such other duties as are or may be by law required of them.
(Code 1852, §544; Code 1867, §4094; Code 1876, §4767; Code 1886, §4342; Code 1896, §5027; Code 1907, §7288; Code 1923, §8670; Code 1940, T. 30, §77.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-193 - Sheriff to Deliver Book of Accounts With State for Feeding of Prisoners to Grand Jury for Examination as to Correctness of Accounts.

Section 12-16-193
Sheriff to deliver book of accounts with state for feeding of prisoners to grand jury for examination as to correctness of accounts.
It shall be the duty of the sheriff to deliver the book in which he enters his accounts with the state for feeding prisoners to the foreman of the grand jury of the circuit court of such county upon the first day of each session thereof, and it shall be the duty of the grand jury to inquire into the correctness of such accounts as may have been made out since the preceding session.
(Code 1886, §4343; Code 1896, §5028; Code 1907, §7289; Code 1923, §8671; Code 1940, T. 30, §78.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-194 - Examination of Fee Book of Probate Judge by District Attorney and Grand Jury.

Section 12-16-194
Examination of fee book of probate judge by district attorney and grand jury.
It shall be the duty of the district attorney and grand jury at every session of the circuit court to examine the fee book of the probate judge and ascertain if illegal fees have been received.
(Code 1852, §3068; Code 1867, §3539; Code 1876, §5022; Code 1886, §4344; Code 1896, §5030; Code 1907, §7291; Code 1923, §8673; Code 1940, T. 30, §80.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-195 - Examination of Books and Papers of County Superintendent of Education by District Attorney and Grand Jury.

Section 12-16-195
Examination of books and papers of county superintendent of education by district attorney and grand jury.
It shall be the duty of the district attorney and the grand jury at every session of the circuit court to examine the books and papers of the county superintendent of education.
(Code 1886, §4335; Code 1896, §5031; Code 1907, §7292; Code 1923, §8674; Code 1940, T. 30, §81.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-196 - District Attorney and Grand Jury Entitled to Free Access to County Jail and Office of County Treasurer and to Examination of Records and Papers in County Offices.

Section 12-16-196
District attorney and grand jury entitled to free access to county jail and office of county treasurer and to examination of records and papers in county offices.
The district attorney and the grand jury shall be entitled to free access, at all proper hours, to the county jail, to the office of the county treasurer and to examination, without charge, of all records and other papers in any of the county offices connected in any way with their duties.
(Code 1852, §545; Code 1867, §4095; Code 1876, §4768; Code 1886, §4346; Code 1896, §5032; Code 1907, §7293; Code 1923, §8675; Code 1940, T. 30, §82.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-197 - Issuance of Subpoenas for Witnesses for Grand Jury Generally; Proceedings Upon Failure of Witnesses Summoned to Attend.

Section 12-16-197
Issuance of subpoenas for witnesses for grand jury generally; proceedings upon failure of witnesses summoned to attend.
The district attorney, the foreman of the grand jury or the clerk of the court, on the application of the grand jury, must issue subpoenas for any witnesses whom they may require to give evidence before them, and if witnesses so summoned fail to attend, the subpoenas must be returned to the court, with the default thereon endorsed, signed by the foreman, and the same proceedings may thereupon be had against them as against defaulting witnesses, the endorsement of the foreman being presumptive evidence of the default.
(Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347; Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-198 - Issuance of Subpoenas for Witnesses by District Attorneys.

Section 12-16-198
Issuance of subpoenas for witnesses by district attorneys.
District attorneys shall have authority, and it shall be their duty, to issue a subpoena for any person whom they may desire to appear before the grand jury to give evidence of any violation of the law.
(Code 1852, §85; Code 1867, §3627; Code 1876, §4215; Code 1886, §4348; Code 1896, §5034; Code 1907, §7295; Code 1923, §8677; Code 1940, T. 30, §84.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-199 - Administration of Oath to Witnesses; Preparation by Foreman and Disposition of Book and List of Witnesses Summoned Before and Attending Grand Jury; Issuance of Certificates to Witnesses by Foreman.

Section 12-16-199
Administration of oath to witnesses; preparation by foreman and disposition of book and list of witnesses summoned before and attending grand jury; issuance of certificates to witnesses by foreman.
Witnesses before the grand jury may be sworn by the district attorney or foreman.
A list of all witnesses summoned and in attendance before such jury during each session shall be kept by the foreman, and he shall give to each of such witnesses a certificate, stating the number of the case in which such witness attended, the number of days of his actual attendance, the number of miles traveled by him and the amount due him, and each of such items the foreman shall enter in a book kept for that purpose, and such book and list, certified by the foreman to be correct, must be by him returned into the court and by the clerk filed and kept as a part of the records of such court.
(Code 1852, §550; Code 1867, §4100; Code 1876, §4773; Code 1886, §4349; Code 1896, §5035; Code 1907, §7296; Code 1923, §8678; Code 1940, T. 30, §85.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-200 - Evidence Which May Be Received by Grand Jury; Examination, etc., of Witnesses.

Section 12-16-200
Evidence which may be received by grand jury; examination, etc., of witnesses.
In the investigation of a charge for any indictable offense, the grand jury can receive no other evidence than is given by witnesses before them or furnished by legal documentary evidence, and any witness may be examined and compelled to testify as to any offense within his knowledge without being specially interrogated as to any particular person, time or place.
(Code 1852, §553; Code 1867, §4103; Code 1876, §4776; Code 1886, §4350; Code 1896, §5036; Code 1907, §7297; Code 1923, §8679; Code 1940, T. 30, §86.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-201 - When Grand Jurors May Be Required to Disclose Testimony of Witnesses.

Section 12-16-201
When grand jurors may be required to disclose testimony of witnesses.
A grand juror may be required by any court to disclose the testimony of any witness examined before the grand jury for the purpose of ascertaining whether it is consistent with the testimony given by the witness before the court or on a charge of perjury against him.
(Code 1852, §557; Code 1867, §4107; Code 1876, §4780; Code 1886, §4351; Code 1896, §5037; Code 1907, §7298; Code 1923, §8680; Code 1940, T. 30, §87.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-202 - Charging of Grand Jury.

Section 12-16-202
Charging of grand jury.
(a) The judges of the several courts in this state in which grand juries are organized and empaneled shall give a special charge to the grand jury relative to the criminal laws of this state against the following offenses: laws regulating the ownership, registration and carrying of weapons, violations of election laws, the manufacturing or selling of intoxicating liquors in violation of law, violating the game and fish laws or violating the law prohibiting corporations from contributing to campaign funds.
(b) It shall likewise be the duty of the judges to charge the grand jury as to all other matters which may be required by law and to instruct the grand juries that it is their duty to indict for the above named offenses, if, in the opinion of the grand jury, the evidence justifies the indictment.
(Code 1907, §7286; Code 1923, §8668; Code 1940, T. 30, §75.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-203 - Finding of Indictments for Misdemeanors Generally.

Section 12-16-203
Finding of indictments for misdemeanors generally.
The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think it necessary for the public good.
(Code 1852, §546; Code 1867, §4096; Code 1876, §4769; Code 1886, §4352; Code 1896, §5038; Code 1907, §7299; Code 1923, §8681; Code 1940, T. 30, §88.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-204 - Concurrence of 12 Jurors Required for Finding of Indictment; Endorsement and Signature of Indictment Generally.

Section 12-16-204
Concurrence of 12 jurors required for finding of indictment; endorsement and signature of indictment generally.
The concurrence of at least 12 grand jurors is necessary to find an indictment, and when so found it must be endorsed "a true bill" and the endorsement signed by the foreman.
(Code 1852, §554; Code 1867, §4104; Code 1876, §4777; Code 1886, §4353; Code 1896, §5039; Code 1907, §7300; Code 1923, §8682; Code 1940, T. 30, §89.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-205 - Endorsement of Prosecutor's Name on Indictment; Endorsement on Indictment Where No Prosecutor Appears.

Section 12-16-205
Endorsement of prosecutor's name on indictment; endorsement on indictment where no prosecutor appears.
If a prosecutor appears, his name must be endorsed by the foreman on the indictment; and, if no prosecutor appears, the words "no prosecutor" must be endorsed thereon.
(Code 1852, §555; Code 1867, §4105; Code 1876, §4778; Code 1886, §4354; Code 1896, §5040; Code 1907, §7301; Code 1923, §8683; Code 1940, T. 30, §90.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-206 - Duty of Grand Juror to Disclose to Fellow Jurors Public Offense of Which He Has Knowledge, Etc.

Section 12-16-206
Duty of grand juror to disclose to fellow jurors public offense of which he has knowledge, etc.
If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to his fellow jurors, who must thereupon investigate it.
(Code 1852, §547; Code 1867, §4097; Code 1876, §4770; Code 1886, §4356; Code 1896, §5042; Code 1907, §7303; Code 1923, §8685; Code 1940, T. 30, §91.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-207 - Grand Juror Not to Participate, etc., in Deliberations as to Offenses Committed Against His Person or Property, etc.; Supplying of Deficiency in Number of Grand Jurors Resulting Therefrom.

Section 12-16-207
Grand juror not to participate, etc., in deliberations as to offenses committed against his person or property, etc.; supplying of deficiency in number of grand jurors resulting therefrom.
(a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense with which he is charged or which was committed against his person or property or when he is a prosecutor or when he is connected by blood or marriage with the person charged.
(b) If, by reason of the provisions of subsection (a) of this section, the number of grand jurors is reduced below 13 in the investigation of any matter, the court must supply the deficiency from the qualified jurors of the county, and the persons so placed on the grand jury must serve only during such investigation.
(Code 1852, §§548, 549; Code 1867, §§4098,4099; Code 1876, §§4771, 4772; Code 1886, §§4357, 4358; Code 1896, §§5043, 5044; Code 1907, §§7304, 7305; Code 1923, §§8686, 8687; Code 1940, T. 30, §§92, 93.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-208 - Replacement of Foreman.

Section 12-16-208
Replacement of foreman.
If the foreman of a grand jury is discharged or excused for any cause after the jury is sworn or charged, the court may appoint one of the other jurors in his place.
(Acts 1955, No. 577, p. 1253.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-209 - Attendance and Duties of District Attorney Before Grand Jury Generally; District Attorney Not to Be Present at Expression of Opinions or Giving of Votes by Grand Jury.

Section 12-16-209
Attendance and duties of district attorney before grand jury generally; district attorney not to be present at expression of opinions or giving of votes by grand jury.
The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving them legal advice as to any matter connected with their duties; and he may appear before them at any time to give information as to any matter cognizable by them, but he must not be present at the expression of their opinions or the giving of their votes on any matter before them.
(Code 1852, §552; Code 1867, §4102; Code 1876, §4775; Code 1886, §4359; Code 1896, §5045; Code 1907, §7306; Code 1923, §8688; Code 1940, T. 30, §94.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-210 - Disclosure of Indictment by District Attorney, Grand Juror, etc., Prior to Arrest, etc., of Person Indicted.

Section 12-16-210
Disclosure of indictment by district attorney, grand juror, etc., prior to arrest, etc., of person indicted.
Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before the person indicted has been arrested or has given bail for his appearance to answer thereto shall, on conviction, be fined not less than $200.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §36; Code 1867, §3577; Code 1876, §4134; Code 1886, §3969; Code 1896, §5047; Code 1907, §7308; Code 1923, §8690; Code 1940, T. 30, §95.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-211 - Disclosure of Testimony Before Grand Jury by Witness Prior to Arrest, etc., of Person Indicted.

Section 12-16-211
Disclosure of testimony before grand jury by witness prior to arrest, etc., of person indicted.
Any person who, having been a witness before the grand jury, discloses the name of the person about whom he testified or any of the facts to which he testified before the arrest of the person against whom he testified or before such person has given bail for his appearance to answer the indictment or indictments found against him shall, on conviction, be fined not less than $100.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §37; Code 1867, §3578; Code 1876, §4135; Code 1886, §3970; Code 1896, §5048; Code 1907, §7309; Code 1923, §8691; Code 1940, T. 30, §96.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-212 - Examination of Witnesses Before Grand Jury in Gaming and Lottery Cases.

Section 12-16-212
Examination of witnesses before grand jury in gaming and lottery cases.
Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first specially interrogated as to any particular offense; but no witness must be prosecuted for any offense as to which he testified before the grand jury, and any member of the grand jury may be a witness to prove that fact.
(Code 1852, §86; Code 1867, §3628; Code 1876, §4216; Code 1886, §4065; Code 1896, §4805; Code 1907, §6994; Code 1923, §4244; Code 1940, T. 14, §272; Code 1975, §13-7-29.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 1 - General Provisions. › Section 12-16-213 - Refusal of Witness to Testify Before Grand Jury as to Gaming or Lottery.

Section 12-16-213
Refusal of witness to testify before grand jury as to gaming or lottery.
Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and who fails or refuses to attend and testify in obedience to such summons without a good excuse, to be determined by the court, is guilty of a contempt and also a misdemeanor and, on conviction for such misdemeanor, shall be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months.
(Code 1852, §38; Code 1867, §3579; Code 1876, §4136; Code 1886, §4066; Code 1896, §4806; Code 1907, §995; Code 1923, §4245; Code 1940, T. 14, §273; Code 1975, §13-7-30.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-214 - Legislative Findings; Desirability of Secrecy.

Section 12-16-214
Legislative findings; desirability of secrecy.
The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed for the accomplishment of this purpose and to promote the following:
(1) That grand juries have the utmost freedom in their discussions, deliberations, considerations, debates, opinions and votes without fear or apprehension that the same may be subsequently disclosed, or that they may be subject to outside pressure or influence or injury in their person or property as a result thereof.
(2) That those persons who have information or knowledge with respect to the commission of crimes or criminal acts be encouraged to testify freely and truthfully before an appropriate grand jury without fear or apprehension that their testimony may be subsequently disclosed, or that they may be subject to injury in their person or property as a result thereof.
(3) That those persons who have committed criminal acts or whose indictment may be contemplated not escape or flee from the due administration of justice.
(4) That those persons falsely accused of criminal acts are not subject to public scrutiny or display and their otherwise good names and reputations are left intact.
(Acts 1979, No. 79-457, p. 745, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-215 - Grand Juror, Witness, etc., Prohibited From Revealing, Disclosing, etc., a Juror's Questions, Considerations, etc.; No Person to Directly, Indirectly, etc., by Any Means Obtain Information as to Juror's Questions, Considerations, Etc.

Section 12-16-215
Grand juror, witness, etc., prohibited from revealing, disclosing, etc., a juror's questions, considerations, etc.; no person to directly, indirectly, etc., by any means obtain information as to juror's questions, considerations, etc.
No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or attempt or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge or information pertaining to any grand juror's questions, considerations, debates, deliberations, opinions or votes on any case, evidence, or other matter taken within or occurring before any grand jury of this state. Nor shall any person at any time, directly or indirectly, conditionally or unconditionally by any means whatever, corruptly or with intent to influence a grand juror or other person authorized by law to attend a grand jury, or by threat of harm to person or property, or by force applied to person or property, or by threatening letter or communication, or by offer of reward, remuneration, gift, benefit or thing of value of whatever nature or kind, obtain or endeavor to obtain, any information pertaining to, or any knowledge of any grand juror's questions, considerations, debates, deliberations, opinions or votes on any case, evidence or other matter taken or transpiring within or before any grand jury of this state.
(Acts 1979, No. 79-457, p. 745, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-216 - Grand Juror, Witness, etc., Prohibited From Revealing, Disclosing, etc., Form, Nature, etc., of Physical Evidence or Questions Asked; No Person to Directly, Indirectly, etc., by Any Means, Obtain Information as to Physical Evidence or Questions Asked; Exception as to State Prosecutions.

Section 12-16-216
Grand juror, witness, etc., prohibited from revealing, disclosing, etc., form, nature, etc., of physical evidence or questions asked; no person to directly, indirectly, etc., by any means, obtain information as to physical evidence or questions asked; exception as to state prosecutions.
No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time, directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury or any comment made by any person in response thereto or any other evidence, testimony or conversation occurring or taken therein. Nor shall any person at any time directly or indirectly, conditionally or unconditionally, by any means whatever, corruptly or with intent to influence a grand juror or other person authorized by law to attend a grand jury, or by threats of harm to person or property, or by force applied to person or property or by threatening letter or communication, or by offer of reward, remuneration, gift, benefit or thing of value of whatever nature and kind, obtain or endeavor to obtain any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state, or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury, or any knowledge of the form, nature or content of any answer or comment made by any person in response thereto, or any other evidence, testimony, or conversation occurring or taken therein.
Provided however, the State of Alabama shall not be precluded from using the testimony of a grand jury witness to impeach that witness's testimony in the trial of a criminal case, nor shall the State of Alabama be precluded from using grand jury testimony to prosecute a perjury warrant or indictment, nor shall the State of Alabama be precluded from using grand jury testimony in any manner otherwise permitted by law. Further, provided however, that grand jury evidence and testimony may be presented to grand juries of other circuits and jurisdictions upon the issuance of a proper grand jury subpoena.
(Acts 1979, No. 79-457, p. 745, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-217 - No Person to Prevent Testimony or to Induce to Withhold or Give False Testimony.

Section 12-16-217
No person to prevent testimony or to induce to withhold or give false testimony.
No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury of this state or who may be summoned, subpoenaed or called before any such grand jury from attending or appearing before the same. Nor shall any person, by any means whatever, directly or indirectly, conditionally or unconditionally induce or coerce or attempt or endeavor to induce or coerce any such person to give any false testimony or withhold any true testimony within or before such grand juries.
(Acts 1979, No. 79-457, p. 745, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-218 - Damage to Participant's Property or Person Prohibited.

Section 12-16-218
Damage to participant's property or person prohibited.
No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter as a result of their participation in, appearance, or testimony before any duly empaneled grand jury.
(Acts 1979, No. 79-457, p. 745, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-219 - Oath of Secrecy; Effect of Refusal.

Section 12-16-219
Oath of secrecy; effect of refusal.
Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed by this division.
(Acts 1979, No. 79-457, p. 745, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-220 - Evidence, Other Than Juror's Questions, Considerations, etc., Disclosed to District Attorney's Staff.

Section 12-16-220
Evidence, other than juror's questions, considerations, etc., disclosed to district attorney's staff.
Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney or other prosecutor in the performance of his official duties to members of his staff for the purposes of bona fide criminal investigations and prosecutions.
(Acts 1979, No. 79-457, p. 745, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-221 - Disclosures in Aid of Law Enforcement Investigations and in Public Interest.

Section 12-16-221
Disclosures in aid of law enforcement investigations and in public interest.
A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit to law enforcement officers for the purpose of bona fide investigations into violations of criminal law.
A district attorney or a circuit judge, in the public interest, may disclose the date, time and place that a particular case will be or was presented to a grand jury, or that a particular matter or case was continued by a grand jury and to what date, if any, or that a no bill or an indictment was returned thereon, or that a particular defendant was otherwise exonerated or falsely accused.
(Acts 1979, No. 79-457, p. 745, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-222 - Right to Counsel Unaffected; Counsel Prohibited Within Jury.

Section 12-16-222
Right to counsel unaffected; counsel prohibited within jury.
No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by counsel concerning his appearance within or testimony before a duly empaneled grand jury, provided however, nothing contained in this section shall be construed so as to permit or authorize such persons to be accompanied by counsel within a grand jury.
(Acts 1979, No. 79-457, p. 745, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-223 - Critical Reports Prohibited Without Indictment, etc.; Judge to Expunge Record; Exception.

Section 12-16-223
Critical reports prohibited without indictment, etc.; judge to expunge record; exception.
Grand juries shall make no reports critical of any citizen of this state without returning an indictment or bill of impeachment against the same. It shall be the duty of the circuit judges of the respective judicial circuits of this state, on their own motion, to expunge from any such grand jury report any and all such critical portions unless there has been an indictment or bill of impeachment returned against the person or persons affected. Provided however, this section shall not be construed to prohibit a grand jury from examining and reporting upon the condition of any public facility, agency or account or the books and records thereof, where such examination and reporting is specifically authorized by statute.
(Acts 1979, No. 79-457, p. 745, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-224 - Written Reports; Form.

Section 12-16-224
Written reports; form.
The grand juries of this state may make written reports as provided by law, however, the judges of each judicial circuit may provide by court rule for the form and content of such grand jury reports to accomplish the purposes of this division.
(Acts 1979, No. 79-457, p. 745, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-225 - Penalties.

Section 12-16-225
Penalties.
Any person violating the provisions of Sections 12-16-215 through 12-16-218 of this division, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, or fined not more than $5,000.00, or both.
(Acts 1979, No. 79-457, p. 745, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 8 - Empaneling, Proceedings, etc., of Grand Juries. › Division 2 - Secret Grand Jury Proceedings. › Section 12-16-226 - Conflicting Laws Repealed; Penalties Cumulative; Consistent Laws Applicable; Judges' Powers.

Section 12-16-226
Conflicting laws repealed; penalties cumulative; consistent laws applicable; judges' powers.
All laws or parts of laws in conflict with the provisions of this division are hereby repealed; provided, however, the criminal penalties imposed by this division shall be cumulative. This section shall not be construed to preclude the applicability of other provisions of the criminal laws of this state which presently apply or may in the future apply to any transaction or event which violates the provisions of this division unless such provision is inconsistent with the terms of this division. Nor shall the circuit courts of this state be precluded from utilizing any contempt powers or sanctions which may apply to acts or events which violate the provisions of this division. Further, the circuit judges of this state may issue whatever other reasonable orders as may be necessary to accomplish the purposes of this division.
(Acts 1979, No. 79-457, p. 745, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 9 - Discharge of Jurors and Jury. › Section 12-16-230 - Discharge of Juror, Summoning of Replacement, etc., Prior to Retirement of Jury.

Section 12-16-230
Discharge of juror, summoning of replacement, etc., prior to retirement of jury.
If, before the jury retires, one of them becomes so sick as to incapacitate him for the performance of his duty or any other cause renders it necessary, in the opinion of the court, to discharge a juror, such juror may be discharged, another summoned in his place and the trial commenced anew.
(Code 1852, §649; Code 1867, §4201; Code 1876, §4906; Code 1886, §4453; Code 1896, §5277; Code 1907, §7311; Code 1923, §8693; Code 1940, T. 30, §98.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 9 - Discharge of Jurors and Jury. › Section 12-16-231 - Discharge of Juror After Retirement of Jury.

Section 12-16-231
Discharge of juror after retirement of jury.
If after the jury retire one of them becomes so sick as to prevent the discharge of his duty or any other cause or accident occurs to prevent their being kept together for deliberation, they may be discharged.
(Code 1852, §650; Code 1867, §4202; Code 1876, §4907; Code 1886, §4454; Code 1896, §5278; Code 1907, §7312; Code 1923, §8694; Code 1940, T. 30, §99.)