Yesterday, California Governor Jerry Brown signed into law two important bills regarding police-involved shootings/excessive force and clarifying the right of the public to film police.
The first bill is SB227 authored by democrat Holly Mitchell (Los Angeles-SD30). According to the Legislative Counsel's Digest:
This bill would prohibit a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a peace officer, as specified, that led to the death of a person being detained or arrested by the peace officer, unless the offense was declared to the grand jury by one of its members, as described above.
Grand Jury members can still, as required by law, take up an issue IF that issue is brought to the Grand Jury by another member:
Existing law authorizes a grand jury to inquire into all public offenses committed or triable within the county in which the grand jury is impaneled, sworn, and charged, and to present them to the court by indictment. Existing law requires a grand jury to inquire into willful or corrupt misconduct in office by a public officer in the county. Existing law also authorizes a member of a grand jury, if he or she knows or has reason to believe that a public offense has been committed, to declare it to his or her fellow jurors, who are then authorized by existing law to investigate it.
The use of grand juries in recent murder cases, including the August 9, 2014 murder in Ferguson, Missouri of Michael Brown at the hand of police officer Darren Wilson, and the July 17, 2014 strangling death in New York of Eric Garner by officer Daniel Pantaleo--a process which exonerated both Wilson and Pantaleo--has been criticized nationwide.
According to author Mitchell:
“One doesn’t have to be a lawyer to understand why SB 227 makes sense,” Mitchell said in a statement. “The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system.” source
Here is the amended penal code section:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 917 of the Penal Code is amended to read:
917. (a) The grand jury may inquire into all public offenses committed or triable within the county and present them to the court by indictment.
(b) Except as provided in Section 918, the grand jury shall not inquire into an offense that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836.
SEC. 2. Section 919 of the Penal Code is amended to read:
919. (a) The grand jury may inquire into the case of every person imprisoned in the jail of the county on a criminal charge and not indicted.
(b) The grand jury shall inquire into the condition and management of the public prisons within the county.
(c) The grand jury shall inquire into the willful or corrupt misconduct in office of public officers of every description within the county. Except as provided in Section 918, this subdivision does not apply to misconduct that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836. [from CA Counsel's Digest, above; bolding mine]
According to the Sacramento Bee:
Law enforcement groups representing district attorneys and police chiefs opposed the bill. The Democratic governor signed the measure without comment.
You can listen to an interview with Holly Mitchell on the issue here. It's evident she's bright and committed and says this is a place to start. She also points to the necessity of openness and cross examination needed outside of the California grand jury process which would now be required.
I certainly hope that other states will follow this lead which will allow for more open proceedings. People need to see the justice system act, not get after-the-fact reports and briefings. It is my hope that this process will also make county/city District Attorney's more accountable, as well. In California, District Attorney's are elected, so this also provide means to document bad actions and hold the bad actor to account at the ballot box.
Jump the secret grand jury doorknob of shame.
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