BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  SB 227
          Author:   Mitchell (D)
          Amended:  4/27/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 4/21/15
           AYES:  Hancock, Leno, Liu, McGuire, Monning
           NOES:  Anderson, Stone

           SUBJECT:   Grand juries:  powers and duties


          SOURCE:    Author

          DIGEST:  This bill prohibits a grand jury from inquiring into an  
          offense 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, as specified.  

          ANALYSIS:   


          Existing law: 


          1)Provides that one or more grand juries shall be drawn and  
            summoned at least once per year in each county.  (California  
            Constitution Article I, Section 23.)

          2)Requires that in all counties there shall be at least one  
            grand jury drawn and impaneled in each year.  (Penal Code §  
            905.)

          3)Provides that when the grand jury is impaneled and sworn, it  
            shall be charged by the court and the court shall give the  








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            grand jurors such information as it deems proper, or as is  
            required by law, as to their duties and as to any charges for  
            public offenses returned to the court or likely to come before  
            the grand jury.  (Penal Code § 914(a).)
          4)Provides that the grand jury may inquire into all public  
            offenses committed or triable within the county and present  
            them to the court by indictment.  (Penal Code § 917.)

          5)States that if a member of a grand jury knows, or has reason  
            to believe, that a public offense, triable within the county  
            has been committed, he may declare it to his fellow jurors,  
            who may investigate it.  (Penal Code § 918.)

          6)States that a grand jury may inquire into the case of every  
            person imprisoned in the jail of the county on a criminal  
            charge and not indicted.  (Penal Code § 919(a).)

          7)States that a grand jury shall inquire into the condition and  
            management of the public prisons within the county.  (Penal  
            Code § 919(b).)

          8)States that a grand jury shall inquire into the willful or  
            corrupt misconduct in office of public officers of every  
            description within the county.  (Penal Code § 919(c).)

          This bill prohibits a grand jury from inquiring into an offense  
          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, as specified.

          NOTE:  See Senate Public Safety Committee analysis for a  
          complete discussion of this bill.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified4/24/15)


          California Attorneys for Criminal Justice
          California Public Defenders Association








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          California State Conference of the National Association for the  
                    Advancement of
            Colored People
          Friends Committee of Legislation of California
          Two Individuals


          OPPOSITION:   (Verified4/24/15)


          California District Attorneys Association
          ARGUMENTS IN SUPPORT:  The California State Conference of the  
          National Association for the Advancement of Colored People  
          states in support:

               The highly profiled deaths of Michael Brown and Eric Garner  
               during the summer of 2014 have created a national debate on  
               the effectiveness of grand juries.  In both cases, grand  
               juries chose not to indict the officers involved after  
               local prosecutors were in charge of presenting the case.   
               Ultimately, the convening of the grand juries in these  
               cases has provided no justice for the deaths of Eric Garner  
               and Michael Brown.  In high profile cases in which an  
               officer uses excessive or deadly force, local prosecutors  
               face a predicament.  If they do not choose to file charges  
               against the officers, they risk the disapproval and  
               criticism of the community.  Conversely, if the local  
               prosecutor does decide to press charges, they jeopardize  
               their relationship with law enforcement and their unions.   
               The option to proceed with a criminal grand jury exonerates  
               the prosecutor of their duties and allows them to use the  
               grand jury as a pawn for political cover.

               A large portion of prosecutors are experienced trial  
               lawyers that are capable of indicting any offender.   
               Prosecutors indict every single day in the state of  
               California and across the nation without the need for a  
               grand jury.   Prohibiting criminal grand juries in cases  
               where law enforcement has used excessive or deadly force  
               increases transparency and accountability.  SB 227 is great  
               policy in that it would establish trust between the  
               community, law enforcement and the justice system.  SB 227  








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               also facilitates the prosecutor's ability of fully  
               participate in the judicial process so that true justice  
               can be served.


          ARGUMENTS IN OPPOSITION:     The California District Attorneys  
          Association states: 

               The grand jury system has been the subject of intense  
               national scrutiny over the last several months,  
               particularly after grand juries failed to return  
               indictments in high-profile cases against police officers  
               in Ferguson, Missouri and Staten Island, New York.  Despite  
               the calls from many critics to "fix" the grand jury system,  
               it's important to understand the rules operating in  
               California grand juries, and consider other alternatives to  
               the outright elimination of the grand jury as an option for  
               a particular type of offense.

               The California criminal grand jury is decidedly different  
               and amazingly fairer than its federal counterpart and that  
               of many other states.  First, under PC 939.6(c), the  
               California grand jury does not allow for hearsay evidence,  
               with very limited exceptions.  Even more importantly,  
               under PC 939.71, California prosecutors have a legal  
               obligation to present known exculpatory evidence at the  
               grand jury or suffer a case dismissal.  Neither of these  
               limitations on prosecutorial power and control are present  
               in the federal grand jury or most other state grand  
               juries.  Thus, California grand juries offer a fuller  
               seeking of the truth for all sides -  by live testimony -  
               than the often "assembly-line" grand juries found  
               elsewhere.

               While there may be fundamental deficiencies in the grand  
               jury systems of other states, we do not believe that those  
               deficiencies exist in California to justify the outright  
               prohibition of criminal grand juries in fatal  
               officer-involved shootings.

               One of the primary criticisms of the grand jury is the lack  
               of transparency regarding what happens inside the  








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               courtroom.  PC 938.1 requires that if an indictment is  
               returned, a transcript of the grand jury proceedings be  
               prepared and delivered to the prosecution and defense, and  
               then opened to the public within 10 days, unless a court  
               orders otherwise.  While in Ferguson, the proceedings were  
               transcribed and presented to the public, in California (and  
               New York), the law prevents the transcript from being  
               released if there is no indictment.  

               Perhaps a more moderate approach that would still provide  
               more transparency would be to modify PC 938.1 to allow for  
               preparation and public disclosure of grand jury transcripts  
               in law enforcement deadly force cases, at least where the  
               civilian victim is unarmed.  We would welcome the  
               opportunity to discuss this alternative, or offer language  
               to that effect.

           
          Prepared by:Jessica  Devencenzi / PUB. S. / 
          5/4/15 11:15:34


                                          


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