Prohibits a grand jury from inquiring into an offense or misconduct involving a shooting or use of excessive force by a peace officer that led to the death of a person being detained or arrested

Summary of specific provisions

Section 1. Subdivision i of section 190.55 of the criminal procedure law is amended to read as follows:

(b) a grand jury shall not inquire into an offense or misconduct that involves a shooting or use of excessive force by a police officer and/or peace officer, as defined in section 2.10 of this chapter, that led or leads to the death or personal injury of a civilian.

Justification

Governor Cuomo's appointment of a Special Prosecutor to handle cases relating to deaths of unarmed civilians caused by law enforcement officers is a correct first step in reforming a fundamentally broke and often racist criminal justice system-but it is a modest and limited step. This legislation goes much further down the road of comprehensiveness and transparency by ending "secret" grand juries for cases of a shooting or use of excessive force by law enforcement official.

The relationship between police officers and prosecutors is so close that is it often incestuous. Those who work on the same team and rely upon each other may be overrun by sinister motives in cases that involve misconduct, excessive force, racism, or flat-out murder by police officers. There is a clear conflict of interest in these cases, and "secret" grand jury proceedings exacerbate this fact because they lack any type of public accountability.

For example, we still do not know all the details of the Richmond Country Grand Jury proceedings in the chokehold murder of Eric Garner by Officer Daniel Pantaleo.

We know there was video evidence and many first-hand accounts; we even heard Mr. Garner utter the immortal last words "I can't breathe," as life was literally taken from him by the police. Yet, there was no indictment and the records of the secret proceedings remain sealed. We don't know how hard or how tenaciously District Attorney Donovan

even pushed for an indictment of a clear murderer; or even if he did at all.

Even the perception that his commitment wavered, in the face of direct video evidence of a high crime as clear as day, harms the reality of our system and the day to day lives of people of color, who wonder if they will be the next victim to have their cries of injustice fall upon deaf ears and closed minds behind closed doors.

The crisis we face in the City, State and Country demands a higher standard of accountability in the cases in which a law enforcement officer shoots or uses excessive force.

"Secret" grand juries must give way to preliminary hearings in front of the public, for all to see, presided over by a Judge.

Letting the light of day, and the rays of transparency into a once "secret" process-where family members, friends and loved ones of the victim are present-is the bare minimum we can do to ensure accountability in our system, as we continue to work to repair it.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.