What's happening
This bill prohibits grand juries from investigating police shootings or excessive force cases that cause death or injury to civilians.
Why it matters
Shifts Accountability Process. By prohibiting grand jury investigations into police shootings and excessive force resulting in civilian injury or death, the bill would require these cases to be handled through other legal mechanisms, potentially changing how and by whom police are held accountable in such incidents.
Alters Transparency and Public Trust Dynamics. Grand juries have sometimes been criticized for lack of transparency; removing them from these cases could respond to public demands for more open processes, but might also raise concerns about fairness or impartiality, depending on what alternative processes are put in place.
Impacts Rights of Victims and Officers. The change may affect both civilians seeking justice and officers facing allegations. Grand jury proceedings offer certain protections and procedures; removing them could shift the balance of legal protections for both parties, possibly making prosecutions either easier or more difficult, depending on the replacement process.
Influences Broader Criminal Justice Reform Debates. This legislation is part of ongoing debates about police oversight, use of force, and the criminal justice system’s response to police misconduct, potentially setting a precedent for how similar cases are handled in New York and influencing reforms elsewhere.
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Who cares
Headline styles
Limit Grand Jury Police Cases
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4796
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a police officer or peace officer that led or leads to the death or personal injury of a civilian
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 190.55 of the criminal procedure law is amended to read as follows:
1. (a) A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.
(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 sections 1.20 and 2.10 of this chapter respectively, that led or leads to the death or personal injury of a civilian.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00038-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to prohibiting a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a police officer or peace officer that led or leads to the death or personal injury of a civilian
Purpose or general idea of bill
In the interest of justice, transparency and accountability, this legis- lation amends the criminal procedure law, in relation to prohibiting a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a police officer or peace officer that led or leads to the death or personal injury of a civilian. In place of the "secret" grand jury, a preliminary hearing, in front of the public and a Judge will occur.
Summary of specific provisions
Section 1. Subdivision i of section 190.55 of the criminal procedure law is amended to read as follows:
Read the full memo (670 words)
(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 offi- cers 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 comprehensive- ness 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 offi- cers. 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 Coun- try 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 stan- dard 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 accountabil- ity in our system, as we continue to work to repair it.
Prior legislative history
2017-18: S5046 REFERRED TO CODES 2015-16: 5.6038 (PERKINS) - REFERRED TO CODES
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.