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      CCRP 433     


Art. 433.  Persons present during grand jury sessions

A.(1)  Only the following persons may be present at the sessions of the grand jury:

(a)  The district attorney and assistant district attorneys or any one or more of them;

(b)  The attorney general and assistant attorneys general or any one or more of them;

(c)  The witness under examination;

(d)  A person sworn to record the proceedings of and the testimony given before the grand jury; and

(e)  An interpreter sworn to translate the testimony of a witness who is unable to speak the English language.

(2)  An attorney for a target of the grand jury's investigation may be present during the testimony of said target.  The attorney shall be prohibited from objecting, addressing or arguing before the grand jury; however he may consult with his client at anytime.  The court shall remove such attorney for violation of these conditions.  If a witness becomes a target because of his testimony, the legal advisor to the grand jury shall inform him of his right to counsel and cease questioning until such witness has obtained counsel or voluntarily and intelligently waived his right to counsel.  Any evidence or testimony obtained under the provisions of this Subparagraph from a witness who later becomes a target shall not be admissible in a proceeding against him.

B.  No person, other than a grand juror, shall be present while the grand jury is deliberating and voting.

C.  A person who is intentionally present at a meeting of the grand jury, except as authorized by Paragraph A of this article, shall be in constructive contempt of court.

Amended by Acts 1972, No. 409, §1; Acts 1986, No. 725, §1; Acts 1992, No. 308, §1; Acts 1999, No. 865, §1.

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