Sec. 3. Hearing before a judge required
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/bill/113/hr/5830/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In order for a State or unit of local government in a State to be eligible to receive Federal funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), the State shall comply with the requirements of this section. In the case of a law enforcement officer who uses deadly force against a person, and thereby causes the death of that person, 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 court, 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 person, which determination shall be made by the judge.
The Governor shall use a random process to select the special prosecutor from among the prosecutors in the State, excluding the prosecutors of the locality in which the death took place. The judge presiding over a hearing described in subsection
(b)shall issue the determination described in subsection
(b)in writing, and shall submit such determination to the chief prosecutor of the locality in which the death took place. Upon the conclusion of a hearing described in subsection (b), the special prosecutor shall submit written recommendations to the chief prosecutor of the locality in which the death took place, including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person. In a hearing described in subsection (a), the court shall remain open to the public, except as determined appropriate by the presiding judge.
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Sec. 3
Hearing before a judge required
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