29-1401 Grand jury; when called; death while being apprehended or in custody; procedures. - Nebraska Statutes

29-1401. Grand jury; when called; death whilebeing apprehended or in custody; procedures.(1) The districtcourts are hereby vested with power to call grand juries.(2) A grand jury may be called and summoned in the manner provided bylaw on such day of a regular term of the district court in each year in eachcounty of the state as the district court may direct and at such other timesand upon such notice as the district court may deem necessary.(3) District courts shall call a grand jury in each case that a petitionmeets the requirements of section 32-628, includes a recital as to the reasonfor requesting the convening of the grand jury and a specific reference tothe statute or statutes which are alleged to have been violated, and is signednot more than ninety days prior to the date of filing under section 29-1401.02by not less than ten percent of the registered voters of the county who castvotes for the office of Governor in such county at the most recent generalelection held for such office.(4) District courts shall call a grand jury in each case upon certificationby the county coroner or coroner's physician that a person has died whilebeing apprehended by or while in the custody of a law enforcement officeror detention personnel. In each case subject to this subsection:(a) Law enforcement personnel from the jurisdiction in which the deathoccurred shall immediately secure the scene, preserve all evidence, and investigatethe matter as in any other homicide;and(b) A grand jury shall be impaneled within thirtydays after the certification by the county coroner or coroner's physician,unless the court extends such time period upon the showing of a compellingreason. SourceLaws 1909, c. 171, § 1, p. 591; R.S.1913, § 9031; Laws 1917, c. 148, § 1, p. 333; C.S.1922, § 10055; C.S.1929, § 29-1401; Laws 1939, c. 18, § 19, p. 111; C.S.Supp.,1941, § 29-1401; R.S.1943, § 29-1401; Laws 1959, c. 118, § 1, p. 449; Laws 1969, c. 237, § 1, p. 874; Laws 1988, LB 676, § 4; Laws 1999, LB 72, § 2; Laws 2002, LB 935, § 2; Laws 2010, LB842, § 1.Effective Date: July 15, 2010AnnotationsThe statutory scheme which requires convening a grand jury where a person has died while being apprehended by or while in custody of a law enforcement officer removes the county attorney from the process, and the county attorney has no access to grand jury records. The failure of the grand jury to return an indictment does not prevent the county attorney from proceeding independently. It is not necessary to convene a second grand jury, but, rather, the county attorney may proceed by filing a complaint or information in the district court. In re Grand Jury of Douglas Cty., 263 Neb. 981, 644 N.W.2d 858 (2002).District court may order grand jury hereunder. Pinn v. State, 107 Neb. 417, 186 N.W. 544 (1922).Under prior law, grand jury was required to be summoned at first term every year unless otherwise directed in writing by court or judge thereof. Krause v. State, 88 Neb. 473, 129 N.W. 1020 (1911).