Grand jury; matters to be heard and examined; duties and authority of district attorney

§ 190.55 Grand jury; matters to be heard and examined; duties and

authority of district attorney.

1. A grand jury may hear and examine evidence concerning the alleged
commission of any offense prosecutable in the courts of the county, and
concerning any misconduct, nonfeasance or neglect in public office by a
public servant, whether criminal or otherwise.

2. District attorneys are required or authorized to submit evidence
to grand juries under the following circumstances:

(a) A district attorney must submit to a grand jury evidence
concerning a felony allegedly committed by a defendant who, on the basis
of a felony complaint filed with a local criminal court of the county,
has been held for the action of a grand jury of such county, except
where indictment has been waived by the defendant pursuant to article
one hundred ninety-five.

(b) A district attorney must submit to a grand jury evidence
concerning a misdemeanor allegedly committed by a defendant who has been
charged therewith by a local criminal court accusatory instrument, in
any case where a superior court of the county has, pursuant to
subdivision one of section 170.25, ordered that such misdemeanor charge
be prosecuted by indictment in a superior court.

(c) A district attorney may submit to a grand jury any available
evidence concerning an offense prosecutable in the courts of the county,
or concerning misconduct, nonfeasance or neglect in public office by a
public servant, whether criminal or otherwise.