State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-628

§15A‑628.  Functions of grand jury; record to be kept by clerk.

(a)        A grand jury:

(1)        Must return a billsubmitted to it by the prosecutor as a true bill of indictment if it finds fromthe evidence probable cause for the charge made.

(2)        Must return a billsubmitted to it by the prosecutor as not a true bill of indictment if it failsto find probable cause for the charge made. Upon returning a bill of indictmentas not a true bill, the grand jury may request the prosecutor to submit a billof indictment as to a lesser included or related offense.

(3)        May return the billto the court with an indication that the grand jury has not been able to actupon it because of the unavailability of witnesses.

(4)        May investigate anyoffense as to which no bill of indictment has been submitted to it by theprosecutor and issue a presentment accusing a named person or named personswith one or more criminal offenses if it has found probable cause for thecharges made. An investigation may be initiated upon the concurrence of 12members of the grand jury itself or upon the request of the presiding orconvening judge or the prosecutor.

(5)        Must inspect thejail and may inspect other county offices or agencies and must report theresults of its inspections to the court.

(b)        In proceeding undersubsection (a), the grand jury may consider any offense which may be prosecutedin the courts of the county, or in the courts of the superior court district orset of districts as defined in G.S. 7A‑41.1 when there has been a waiverof venue in accordance with Article 3 of this Chapter, Venue.

(c)        Bills of indictmentsubmitted by the prosecutor to the grand jury, whether found to be true billsor not, must be returned by the foreman of the grand jury to the presidingjudge in open court. Presentments must also be returned by the foreman of thegrand jury to the presiding judge in open court.

(d)        The clerk must keepa permanent record of all matters returned by the grand jury to the judge underthe provisions of this section. (1973, c. 1286, s. 1; 1975,c. 166, s. 27; 1987 (Reg. Sess., 1988), c. 1037, s. 59.)