SB 227, as amended, Mitchell. Grand juries: powers and duties.
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.begin insert 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.end insert
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 peacebegin delete officer.end deletebegin insert officer, unless the offense was declared to the grand jury by one of its members, as described above.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 917 of the Penal Code is amended to
2read:
(a) The grand jury may inquire into all public offenses
4committed or triable within the county and present them to the
5court by indictment.
6(b) begin deleteThe end deletebegin insertExcept as provided in Section 918, the end insertgrand jury shall
7not inquire into an offense that involves a shooting or use of
8excessive force by a peace officer described in Section 830.1,
9subdivision (a) of Section 830.2, or Section 830.39, that led to the
10death of a person being detained or arrested by the peace officer
11pursuant to Section
836.
Section 919 of the Penal Code is amended to read:
(a) The grand jury may inquire into the case of every
14person imprisoned in the jail of the county on a criminal charge
15and not indicted.
16(b) The grand jury shall inquire into the condition and
17management of the public prisons within the county.
18(c) The grand jury shall inquire into the willful or corrupt
19misconduct in office of public officers of every description within
20the county.begin delete Thisend deletebegin insert Except as provided in Section 918, thisend insert
subdivision
21does not apply to misconduct that involves a shooting or use of
22excessive force by a peace officer described in Section 830.1,
23subdivision (a) of Section 830.2, or Section 830.39, that led to the
24death of a person being detained or arrested by the peace officer
25pursuant to Section 836.
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