BILL NUMBER:S6038

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
legislation 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:

(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.