,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ehcj ,,in ,,the ,,house ,,of ,,representatives ,december #aj1 #bjad ,mr4 ,johnson of ,georgia 7for himself1 ,mr4 ,ellison1 ,ms4 ,jackson ,lee1 ,mr4 ,grayson1 ,ms4 ,norton1 ,mr4 ,rangel1 ,mr4 ,cummings1 ,mr4 ,clay1 ,ms4 ,lee of ,california1 and ,mr4 ,conyers7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide that in the case of a law enforcement officer who uses deadly force against a person1 and thereby causes the death of that person1 a hearing shall be conducted before a judge to determine whether there is probable cause for the ,state to bring criminal charges against the law enforcement officer relating to the death of the person1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,grand ,jury ,reform ,act of #bjad4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,grand juries are typically used as the process by which allegations of police misconduct are prosecuted4 7#b7 ,there exists a symbiotic relationship between local prosecutors and the law enforcement officers who regularly testify in routine grand jury investigations4 7#c7 ,the closeness of this relationship creates public suspicion that accused police officers receive preferential consideration from grand juries when they are subject to grand jury investigations4 7#d7 ,police officers have the right to appear before the grand jury investigating allegations of wrongdoing by said officer1 and give testimony not subject to a thorough cross examination4 7#e7 ,grand jury proceedings are by law secret proceedings4 7#f7 ,the secret grand jury process has historically resulted in a refusal to indict when the subject of their investigation is a local law enforcement officer4 7#g7 ,the recent grand jury proceedings following the deaths of ,michael ,brown and ,eric ,garner have followed historical tradition1 ending with a refusal to indict the law enforcement officers involved in their deaths4 7#h7 ,the ,american people have lost confidence in the secretive grand jury process when it is used to evaluate allegations of police misconduct4 7#i7 ,the loss of confidence in our system of justice leads to the undermining of the principles of equality and justice upon which this country was founded4 #c4 ,hearing before a judge required 7a7 ,receipt of grant funds ,in order for a ,state or unit of local government in a ,state to be eligible to receive ,federal funding under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq471 the ,state shall comply with the requirements of this section4 7b7 ,hearing requirement2 appointment of special prosecutor ,in the case of a law enforcement officer who uses deadly force against a person1 and thereby causes the death of that person1 the ,governor of the ,state in which the death occurred shall appoint a special prosecutor to present evidence on behalf of the ,state at a hearing before a judge in the appropriate court1 in order to determine whether probable cause exists for the ,state to bring criminal charges against the law enforcement officer relating to the death of the person1 which determination shall be made by the judge4 ,the ,governor shall use a random process to select the special prosecutor from among the prosecutors in the ,state1 excluding the prosecutors of the locality in which the death took place4 7c7 ,written determination of probable cause ,the judge presiding over a hearing described in subsection 7b7 shall issue the determination described in subsection 7b7 in writing1 and shall submit such determination to the chief prosecutor of the locality in which the death took place4 7d7 ,recommendations of the special prosecutor ,upon the conclusion of a hearing described in subsection 7b71 the special prosecutor shall submit written recommendations to the chief prosecutor of the locality in which the death took place1 including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person4 7e7 ,court ,to ,remain ,open to the ,public ,in a hearing described in subsection 7a71 the court shall remain open to the public1 except as determined appropriate by the presiding judge4