Section 325. Stenographers' duties  


Latest version.
  • 1.  It  shall  be  lawful  for  any
      stenographer duly appointed and qualified as hereinbefore  provided,  to
      attend  and  be  present at the session of every grand jury impaneled in
      the county in which he is appointed, and it shall be his duty to take in
      shorthand or upon a typewriting machine the testimony introduced  before
      such  grand  juries, and, except when his original notes and minutes and
      the exhibits pertaining  thereto  have  been  impounded  as  hereinafter
      provided  for, to furnish to the district attorney of such county a full
      copy of all such testimony as such district attorney shall require,  but
      he  shall not permit any other person to take a copy of the same, nor of
      any portion thereof, nor to read  the  same,  or  any  portion  thereof,
      except  upon  the written order of the court duly made after hearing the
      said district attorney provided, however, that the judge presiding  over
      the  term  of  court  for which any grand jury is drawn, may at any time
      during the sitting of such grand jury and upon petition  signed  by  its
      foreman  or  acting  foreman  and  certified  by  its clerk to have been
      authorized by twelve or more of the grand jurors constituting such grand
      jury, impound the stenographer's original  notes  and  minutes  and  the
      exhibits  pertaining  thereto,  or  any  portion of such original notes,
      minutes, and exhibits, and may order them to be  delivered  to  him  and
      placed  in  his  custody  or in the custody of a public officer named by
      him. When so impounded, such original notes, minutes, and exhibits shall
      not be taken from the custody of  such  judge  or  such  public  officer
      except  upon  the order of such judge, who, upon the written requisition
      of the foreman or acting foreman of such grand jury, shall deliver  them
      or  order them to be delivered to such foreman or acting foreman for use
      in the grand jury room during the hours when the grand jury is  actually
      in  session.    Except as above provided, all of the said original notes
      and minutes shall be kept in custody  of  said  district  attorney,  and
      neither  the  same,  nor a copy of the same, or any portion of the same,
      shall be taken from the office of said district attorney,  excepting  as
      above  provided.  Nothing  contained  in this section, however, shall be
      construed to prohibit a grand jury from inspecting its own  minutes  and
      exhibits while in session.
        2.  Where an application follows a demand to produce any transcript of
      testimony at a grand  jury  proceeding  pursuant  to  paragraph  (b)  of
      subdivision  two of section 331.2 or paragraph (a) of subdivision one of
      section 331.4 of  the  family  court  act  the  presentment  agency  and
      respondent  shall be given notice of such application and an opportunity
      to be heard.