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S.B. 796 VETOES
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(1) BEFORE EXAMINATION BEGINS IN A CRIMINAL CASE OR, FOR GOOD
CAUSE SHOWN, AFTER A JURY IS SWORN BUT BEFORE IT RECEIVES EVIDENCE, A
PARTY MAY MOVE TO DISMISS A CHARGING DOCUMENT OR STAY THE CASE ON THE
GROUND OF SUBSTANTIAL FAILURE TO COMPLY WITH A PROVISION OF THIS TITLE IN
SELECTING THE GRAND OR TRIAL JURY.
(2) A MOTION UNDER THIS SECTION SHALL CONTAIN A SWORN
STATEMENT OF FACTS THAT, IF TRUE, WOULD CONSTITUTE A SUBSTANTIAL
FAILURE TO COMPLY WITH THIS TITLE.
(C) ACCESS TO RECORD.
ON A SHOWING THAT A PARTY NEEDS ACCESS TO A RECORD TO PREPARE FOR A
HEARING ON A MOTION PENDING UNDER THIS SECTION, A TRIAL JUDGE MAY ALLOW
THE PARTY TO INSPECT AND COPY A RECORD AS NEEDED TO PREPARE.
(D) EVIDENCE.
A MOVANT WHO FILES A MOTION IN ACCORDANCE WITH THIS SECTION IS
ENTITLED TO PRESENT RELEVANT EVIDENCE IN SUPPORT OF THE MOTION
INCLUDING:
(1) THE TESTIMONY OF THE JURY COMMISSIONER; AND
(2) RELEVANT RECORDS, WHETHER OR NOT PUBLIC, THAT THE JURY
COMMISSIONER USED.
(E) DUTY OF TRIAL JUDGE - GRAND JURY.
(1) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
§ 8-102(B) OF THIS TITLE IN SELECTING A GRAND JURY, THE JUDGE SHALL:
(I) STAY THE CASE PENDING SELECTION OF A GRAND JURY IN
COMPLIANCE WITH THIS TITLE; OR
(II) DISMISS THE CHARGING DOCUMENT.
(2) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
A PROVISION OTHER THAN § 8-102(B) OF THIS TITLE IN SELECTING A GRAND JURY
AND FINDS THE FAILURE LIKELY TO BE PREJUDICIAL TO THE MOVANT, THE JUDGE
SHALL:
(I) STAY THE CASE PENDING SELECTION OF A GRAND JURY IN
COMPLIANCE WITH THIS TITLE; OR
(II) DISMISS THE CHARGING DOCUMENT.
(F) DUTY OF TRIAL JUDGE - TRIAL JURY.
(1) IF A TRIAL JUDGE FINDS A SUBSTANTIAL FAILURE TO COMPLY WITH
§ 8-102(B) OF THIS TITLE IN SELECTING A TRIAL JURY, THE TRIAL JUDGE SHALL STAY
THE CASE PENDING SELECTION OF A TRIAL JURY IN COMPLIANCE WITH THIS TITLE.
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- 3312 -
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