Section 190.55. Grand jury; matters to be heard and examined; duties and authority of district attorney  


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  • 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.