BILL ANALYSIS Ó
SB 227
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SENATE THIRD READING
SB
227 (Mitchell)
As Amended April 27, 2015
Majority vote
SENATE VOTE: 23-12
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-2 |Quirk, Jones-Sawyer, |Melendez, Lackey |
| | |Lopez, Low, Santiago | |
| | | | |
| | | | |
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SUMMARY: Prohibits a grand jury from inquiring into an offense
or misconduct that involves a shooting or use of excessive force
by a peace officer 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.
EXISTING LAW:
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1)Provides that one or more grand juries shall be drawn and
summoned at least once per year in each county.
2)Requires that in all counties there shall be at least one
grand jury drawn and impaneled in each year.
3)Provides that when the grand jury is impaneled and sworn, it
shall be charged by the court and the court shall give the
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.
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.
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.
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.
7)States that a grand jury shall inquire into the condition and
management of the public prisons within the county.
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.
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9)Provides that whenever the Attorney General considers that the
public interest requires, he or she may, with or without the
concurrence of the district attorney, direct the grand jury to
convene for the investigation and consideration of those
matters of a criminal nature that he or she desires to submit
to it. He or she may take full charge of the presentation of
the matters to the grand jury, issue subpoenas, prepare
indictments, and do all other things incident thereto to the
same extent as the district attorney may do.
10)Specifies that every grand juror who, except when required by
a court, willfully discloses any evidence adduced before the
grand jury, or anything which he himself or any other member
of the grand jury has said, or in what manner he or she or any
other grand juror has voted on a matter before them, is guilty
of a misdemeanor.
11)Allows the district attorney of the county to at all times
appear before the grand jury for the purpose of giving
information or advice relative to any matter cognizable by the
grand jury, and may interrogate witnesses before the grand
jury whenever he thinks it necessary. When a charge against
or involving the district attorney, or anyone employed by or
connected with the office of the district attorney, is being
investigated by the grand jury, such district attorney, or
assistant district attorney, or deputy district attorney, or
all or anyone or more of them, shall not be allowed to be
present before such grand jury when such charge is being
investigated, in an official capacity.
12)States that except as specified, the grand jury shall not
receive any evidence except that which would be admissible
over objection at the trial of a criminal action, but the fact
that evidence that would have been excluded at trial was
received by the grand jury does not render the indictment void
where sufficient competent evidence to support the indictment
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was received by the grand jury.
13)Allows the evidence to support the indictment to be based in
whole or in part upon the sworn testimony of a law enforcement
officer relating the statement of a declarant made out of
court and offered for the truth of the matter asserted, as
long as the officer testifying as to a hearsay statement has
either five years of law enforcement experience or have
completed a training course certified by the Commission on
Peace Officer Standards and Training that includes training in
the investigation and reporting of cases and testifying at
preliminary hearings.
14)States that if an indictment has been found or accusation
presented against a defendant, the court reporter shall
certify and deliver to the clerk of the superior court a
transcript of the grand jury proceedings for the defendant(s).
The reporter shall complete the certification and delivery
within 10 days after the indictment has been found or the
accusation presented unless the court for good cause makes an
order extending the time. The time shall not be extended more
than 20 days.
15)The transcript shall not be open to the public until 10 days
after its delivery to the defendant or the defendant's
attorney. Thereafter the transcript shall be open to the
public unless the court orders otherwise on its own motion or
on motion of a party pending a determination as to whether all
or part of the transcript should be sealed. If the court
determines that there is a reasonable likelihood that making
all or any part of the transcript public may prejudice a
defendant's right to a fair and impartial trial, that part of
the transcript shall be sealed until the defendant's trial has
been completed.
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16)Allows the grand jury acting through its foreman and the
attorney general or the district attorney to make a joint
written request for public sessions of the grand jury. If the
court finds that the subject matter of the investigation
affects the general public welfare, involving the alleged
corruption, misfeasance, or malfeasance in office or
dereliction of duty of public officials or employees or of any
person allegedly acting in conjunction or conspiracy with such
officials or employees in such alleged acts, the court or
judge may make an order directing the grand jury to conduct
its investigation in a session or sessions open to the public.
17)States that an indictment cannot be found without concurrence
of at least 14 grand jurors in a county in which the required
number of members of the grand jury is 23, at least eight
grand jurors in a county in which the required number of
members is 11, and at least 12 grand jurors in all other
counties. When so found it shall be endorsed, "A true bill,"
and the endorsement shall be signed by the foreman of the
grand jury. (Penal Code Section 940.)
FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS: According to the author, "When the actions of a peace
officer result in the death of a member of the public, it is
crucial that there is transparency in court proceedings.
Transparency and accountability are key to establishing and
keeping the trust of the public."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
SB 227
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FN: 0000958