Investigation and prosecution of offense by state officer or employee

1. As used in this section “state officer or employee” means an elected officer of the State or any state officer or employee who is compensated from the State Treasury. 2. The Attorney General has primary jurisdiction to investigate and prosecute criminal offenses committed by state officers or employees in the course of their duties or arising out of circumstances related to their positions. 3. A district attorney may investigate an offense specified in subsection 2 if: (a) The Attorney General has stated in writing to the district attorney that the Attorney General does not intend to act in the matter; or (b) The district attorney has inquired in writing of the Attorney General whether the Attorney General will act in the matter, and: (1) The district attorney has not received an answer in writing to his or her inquiry within 30 days after making it; or (2) The Attorney General has stated in writing to the district attorney that he or she will act in the matter and has not filed a criminal action in the matter within 90 days after making the statement. 4. When he or she is acting pursuant to this section, the Attorney General may commence his or her investigation and file a criminal action without leave of court, and he or she has exclusive charge of the conduct of the prosecution. 5. The fact that the Attorney General or a district attorney has not complied with any provision of this section is not a defense in a criminal action.