BILL NUMBER: SB 227	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2015
	AMENDED IN SENATE  MARCH 19, 2015

INTRODUCED BY   Senator Mitchell

                        FEBRUARY 13, 2015

   An act to amend Sections 917 and 919 of the Penal Code, relating
to grand juries.


	LEGISLATIVE COUNSEL'S DIGEST


   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.  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.

   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.
  officer, unless the offense was declared to the grand
jury by one of its members, as described above. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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)  The   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.  This   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.