Staff Analysis of the Legislation
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HB 941 Section 1 amends O.C.G.A. ยง 15-12-71 by adding a new paragraph to subsection (b) and two new subsections that give grand juries the authority to conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. The subsequent language under Section 1 provides for the procedures and regulations to be followed in this process which can only be conducted after the investigative report of the incident has been completed and submitted. Additionally, this Section provides that the grand jury may request that the district attorney create a bill of indictment or special presentment against the peace officer. Section 3 provides that upon the request of the district attorney or accused peace officer, a court reporter shall be authorized to be present and shall attend the grand jury proceedings while any witness is being examined by the grand jury. Section 4 revises section (a) of Code Section 15-12-100 by authorizing district attorneys to make a motion to the chief judge of the superior court to request the judges of the superior court of the county to impanel a special grand jury for the purpose of investigating any alleged violation of the laws of this state or any other matter subject to investigation by grand juries as provided by law. Furthermore, Section 6 provides for the procedures to be followed when notifying a peace officer of a proposed bill of indictment or special presentment regarding a criminal charge alleged to have occurred while the officer was in the performance of their duties. Under the same Section, the officer may request to testify as a witness before the grand jury regarding their conduct. The rest of the bill seeks to update the current language in the code in order to comply with the spirit of HB 941. |
