THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.19f Grand jury; publication of testimony prohibited; penalty, exceptions.
Sec. 19f.
(1) Except as otherwise provided by law, a person shall not publish or make known to any other person any testimony or exhibits obtained or used, or any proceeding conducted, in connection with any grand jury inquiry. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 1 year or by a fine of not more than $1,000.00, or both.
(2) Subsection (1) does not apply to any of the following:
(a) Communications between prosecuting officers for the purpose of presenting evidence before the grand jury, for the purpose of reviewing evidence presented to the grand jury for prospective prosecution, or for any other purpose involving the execution of a public duty.
(b) Communications between law enforcement officers in cases involving violations of chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
(3) Subsection (1) applies to, but its application is not limited to, applications and petitions for and orders of immunity and to any transcript of testimony that may be delivered to a witness pursuant to his or her grant of immunity, except that the witness may be privileged to disclose such application, petition, order, and transcript to his or her attorney.
History: Add. 1970, Act 9, Imd. Eff. Mar. 26, 1970 ;-- Am. 2002, Act 114, Eff. May 1, 2002
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1977–2023 · leading case:
Truel v. City of Dearborn, 804 N.W.2d 744 (Mich. Ct. App. 2010).
Truel v. City of Dearborn, 804 N.W.2d 744 (Mich. Ct. App. 2010).
“19b(3) (a witness who testifies before a grand jury under a grant of immunity is entitled to a transcript of his testimony if he is prosecuted for an offense in violation of the grant of immunity) and MCL 767.”
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015).
· cites it 2× “See MCL 767.19f(1); MCL 767.19g(2) (describing the process for disclosure of specified grand jury testimony to the defendant).”
Woll v. Attorney Gen., 299 N.W.2d 25 (Mich. Ct. App. 1980).
“The grand jury material obtained by the subpoena is not subject to the secrecy provisions of MCL 767.19f; MSA 28.959(6), as petitioner contends.”
People v. Glass, 597 N.W.2d 876 (Mich. Ct. App. 1999).
· cites it 3× “This Court’s order also granted the prosecutors’ motion to suppress the grand jury proceedings and the contents of the petition under MCL 767.19f; MSA 28.959(6) and MCR 7.216(A)(7).”
People v. Walker, 259 N.W.2d 887 (Mich. Ct. App. 1977).
· cites it 2× “See MCLA 767.19f; MSA 28.959(6). It would hinder the lawful investigative functions of subsequent grand juries if witnesses' testimony could not be coerced because they already had been sentenced to the statutory maximum penalty by a prior grand jury.”
— Mich. Comp. Laws § 767.19f(1) — 2 cases
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015).
“See MCL 767.19f(1); MCL 767.19g(2) (describing the process for disclosure of specified grand jury testimony to the defendant).”
— Mich. Comp. Laws § 767.19f(3) — 1 case
Truel v. City of Dearborn, 804 N.W.2d 744 (Mich. Ct. App. 2010).
“19b(3) (a witness who testifies before a grand jury under a grant of immunity is entitled to a transcript of his testimony if he is prosecuted for an offense in violation of the grant of immunity) and MCL 767.”
— Mich. Comp. Laws § 767.19f(l) — 1 case
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015).
“See MCL 767.19f(1); MCL 767.19g(2) (describing the process for disclosure of specified grand jury testimony to the defendant).”
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