Recording Grand Jury Proceedings

(a)In all grand jury proceedings, the testimony taken and questions asked before the grand jury has commenced its deliberation shall be recorded stenographically, or electronically, including digital and/or analog formats. The prosecuting attorney and defendant, or his attorney, may request a copy of the electronic, analog or digital recording of the proceedings at any time after it is taken and the court shall order such record to be prepared within a reasonable time after the request is made. After preparing the electronic, analog or digital recording, the reporter shall certify it, file the original with the clerk of the court and deliver one

(1)copy each to the prosecuting attorney and defendant or his attorney.

(b)Grand jury transcripts and recordings are not public documents. Upon good cause shown, the court may restrict the distribution of the transcript or recording to persons who are shown to have need of them, or delay its release to a defendant if its release, or the release of any part of the transcript or recording may prevent a fair and impartial trial or could cause danger to any witness whose testimony appears within the transcript or recording or about whom a witness testifies (except a defendant). Any transcript or recording or part thereof not released by the court under this Subsection shall remain sealed until after the trial has been completed, or may be released upon earlier order of the court. No person, to whom a grand jury transcript or recording has been given, except for a witness as to his own testimony, shall release its contents to any other person except a client or, in the case of the prosecuting attorney, to any law enforcement agency.

(c)The Unified Judiciary shall create appropriate rules for digital or analog formatting, storage media, security, archiving and dissemination of audio transcripts.