Yesterday, California Governor Jerry Brown signed into law two important bills regarding police-involved shootings/excessive force and clarifying the right of the public to film police.
The first bill is SB227 authored by democrat Holly Mitchell (Los Angeles-SD30). According to the Legislative Counsel's Digest:
This bill would prohibit a grand jury from inquiring into an offense or misconduct 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, unless the offense was declared to the grand jury by one of its members, as described above.
Grand Jury members can still, as required by law, take up an issue IF that issue is brought to the Grand Jury by another member:
Existing law authorizes a grand jury to inquire into all public offenses committed or triable within the county in which the grand jury is impaneled, sworn, and charged, and to present them to the court by indictment. Existing law requires a grand jury to inquire into willful or corrupt misconduct in office by a public officer in the county. Existing law also authorizes a member of a grand jury, if he or she knows or has reason to believe that a public offense has been committed, to declare it to his or her fellow jurors, who are then authorized by existing law to investigate it.
The use of grand juries in recent murder cases, including the August 9, 2014 murder in Ferguson, Missouri of Michael Brown at the hand of police officer Darren Wilson, and the July 17, 2014 strangling death in New York of Eric Garner by officer Daniel Pantaleo--a process which exonerated both Wilson and Pantaleo--has been criticized nationwide.
According to author Mitchell:
“One doesn’t have to be a lawyer to understand why SB 227 makes sense,” Mitchell said in a statement. “The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system.” source
Here is the amended penal code section:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 917 of the Penal Code is amended to read:
917. (a) The grand jury may inquire into all public offenses committed or triable within the county and present them to the court by indictment.
(b) Except as provided in Section 918, the grand jury shall not inquire into an offense that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836.
SEC. 2. Section 919 of the Penal Code is amended to read:
919. (a) The grand jury may inquire into the case of every person imprisoned in the jail of the county on a criminal charge and not indicted.
(b) The grand jury shall inquire into the condition and management of the public prisons within the county.
(c) The grand jury shall inquire into the willful or corrupt misconduct in office of public officers of every description within the county. Except as provided in Section 918, this subdivision does not apply to misconduct that involves a shooting or use of excessive force by a peace officer described in Section 830.1, subdivision (a) of Section 830.2, or Section 830.39, that led to the death of a person being detained or arrested by the peace officer pursuant to Section 836. [from CA Counsel's Digest, above; bolding mine]
According to the Sacramento Bee:
Law enforcement groups representing district attorneys and police chiefs opposed the bill. The Democratic governor signed the measure without comment.
You can listen to an interview with Holly Mitchell on the issue
here. It's evident she's bright and committed and says this is a place to start. She also points to the necessity of openness and cross examination needed outside of the California grand jury process which would now be required.
I certainly hope that other states will follow this lead which will allow for more open proceedings. People need to see the justice system act, not get after-the-fact reports and briefings. It is my hope that this process will also make county/city District Attorney's more accountable, as well. In California, District Attorney's are elected, so this also provide means to document bad actions and hold the bad actor to account at the ballot box.
Jump the secret grand jury doorknob of shame.
SB411, authored by Recardo Lara (D-SD33-Bell Gardens) reaffirms the right to video police and makes other related issues clearer:
According to the Legislative Counsel's Digest:
SB 411, Lara. Crimes.
Under existing law, every person who deters or prevents an executive officer from performing any of his or her duties, or knowingly resists the officer, is punishable by a fine or imprisonment, or both, as specified.
This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision.
Under existing law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any of his or her duties shall be punished by a fine or imprisonment, or both, as specified.
This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision, nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.[bolding mine]
As we all know, the issue of video taping, by telephone or other means, has been a flash point at any number of events and cause for arrest for those doing so. This makes clear, absent other actions, one CANNOT be arrested OR detained for the sole purpose of having video taped a police interaction.
In a statement, Lara endorsed public recordings as a tool to root out police misconduct. He pointed to the recent news story of a murder charge being filed against a now-former South Carolina police officer who was recorded on video shooting a motorist to death after a traffic stop. source
Here's a related discussion on RT regarding this issue which may be of interest to others as it mentions other states, a legal opinion on the matter, and a suggestion that given the legal opinion and officers' routine refusal to follow the court's findings that a
federal law may be needed to clarify the point further.
Finally, I just want to give contact information for the two legislators so that they can be thanked not just by Californians, but by those in others states for leading the way on some of this.
Holly Mitchell
Capitol Office
State Capitol, Room 5080, Sacramento, CA 95814
Phone: (916) 651-4030
Fax: (916) 651-4930
Los Angeles District Office
Wallis Annenberg Building
700 State Dr., Suite 113
Los Angeles, CA 90037
Phone: (213) 745-6656
Fax: (213) 745-6722
email contact form: http://sd30.senate.ca.gov/...
Ricardo Lara
Capitol Office
State Capitol, Room 5050
Sacramento, CA 95814
Phone: (916) 651-4033
Huntington Park District Office
6550 Miles Ave., 2nd Floor
Huntington Park, CA 90255
Phone: 323-277-4560
Fax: 323-277-4528
Long Beach District Office
3939 Atlantic Ave., Suite 107
Long Beach, CA 90807
Phone: 562-256-7921
Fax: 562-256-9991
email contact form: http://sd33.senate.ca.gov/...
Please consider contacting these legislators and thanking them. I'm going to be doing that after I hit publish.
Finally, these changes didn't occur in a vacuum. The murders of Michael Brown and Eric Garner, and the protests that followed and continue to take place, are setting the stage for these kinds of statewide possibilities. YOUR protests and actions are responsible for these kinds of changes that are so badly needed. Hopefully, more bills will make it through the California state legislature.
Please let us know if your state has made progress in any areas. I'd sure like to know if successes are being seen elsewhere.
11:25 AM PT: Another diary on the subject is here: http://www.dailykos.com/...