Bill: Change grand jury for police
Officers involved in shootings could still appear but would face cross examination.
In the wake of high-profile officer-involved shootings, a bill has been filed in the Georgia House of Representatives that would change a legal right officers enjoy.
Georgia law currently allows police officers to sit in on grand jury proceedings and testify without being questioned while the jury deliberates if there is enough evidence to charge them.
Officers are only given this privilege in Georgia. Critics of the current law say an officer is given an unfair advantage, which makes it difficult to indict an officer.
House Bill 941, introduced by Rep. Rich Golick on Monday, would allow officers to testify before the grand jury, but the prosecutor or members of the jury would be able to question the officer.
Officers would have to be notified in writing 20 days before a proposed bill of indictment is filed, according to the bill.
Additionally, the officer wouldn’t be able to sit in on the entire session and the prosecutor would also be able to present rebuttal evidence, according to state Rep. Eddie Lumsden, RArmuchee.
“Hypothetically speaking, if it were me, I would want my situation experience told to the grand jurors and would welcome the questioning from the jurors so that they may understand my perception of the event,” said Floyd County Police Department Maj. Mark Wallace.
“I spoke to a few other officers who felt that the new bill was fairly constructed but obviously, we will wait to see the final product before we pass judgment,” Wallace added.
Maj. Debbie Burnett, with the Rome Police Department, said it’s her personal opinion that officers should be able to tell their story to the jurors.
However, she doesn’t have a problem with a prosecutor asking questions, because an officer shouldn’t have any fear if there wasn’t criminal intent.
The bill also would require a court reporter be present to transcribe the testimony, which could be made public if the officer isn’t indicted, which is a great addition in Lumsden’s opinion.
Releasing the transcripts could potentially remove any stigma associated with the officer following shootings or other incidents, he said.
Burnett agreed, saying that many times the public believes officers get preferential treatment in legal situations, and it would help for people to know why the officer wasn’t indicted.
The bill has been assigned to the Judiciary Non- Civil Committee, which Golick chairs. If it gets through that committee, it will have to pass through the Rules Committee, which Golick is a member of, before it goes to the full House.