Bill

Bill > SB2791


MS SB2791

MS SB2791
Grand jury investigations; require notice of investigation to law enforcement officers and opportunity to testify.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Require That Before A Bill Of Indictment Against A Present Or Former Law Enforcement Officer Charging The Officer With A Crime Which Concerns The Officer's Use Of Lethal Force And Is Alleged To Have Occurred While He Or She Was In The Performance Of His Or Her Duties Is Presented To A Grand Jury That The Officer Shall Be Notified In Writing Of The Contemplated Action By The Prosecuting Attorney; To Require That The Notice To The Officer Inform The Officer Of The Grand Jury Investigation And Offer The Officer The Opportunity To Testify Before The Grand Jury At The Conclusion Of The State's Case-in-chief; To Provide That The Officer May Be Questioned By The Prosecuting Attorney Or Members Of The Grand Jury; To Provide A Procedure For The Officer To Testify; To Provide That The Officer's Attorney Shall Not Ask The Officer Questions Or Object Based On Evidentiary Grounds; To Authorize The Prosecuting Attorney To Present Rebuttal Evidence; To Prohibit Prosecutions From Proceeding Without A Grand Jury Indictment For Such Crimes; And For Related Purposes.

AI Summary

This bill establishes a detailed procedural framework for grand jury investigations involving law enforcement officers accused of using lethal force while on duty. The proposed legislation requires that before a grand jury investigation begins, the officer under investigation must receive written notice at least 20 days prior to the hearing, informing them about the investigation, their right to voluntarily testify, and the investigation's purpose. If the officer chooses to testify, they will be allowed to do so at the conclusion of the state's case-in-chief and can be questioned by the prosecuting attorney or grand jury members. The bill mandates that the officer be informed of their rights before testifying, including that their testimony is voluntary, they can refuse to answer questions that might incriminate them, and their attorney can be present but cannot ask questions or object to evidence. The prosecuting attorney is permitted to present rebuttal evidence after the officer's testimony, and the bill stipulates that for these types of cases, a grand jury indictment is required before any prosecution can proceed. The legislation will take effect on July 1, 2025, and applies to both felony and misdemeanor cases involving law enforcement officers' use of lethal force.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

bill text


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