(6) The secret grand jury process has histori-
cally resulted in a refusal to indict when the subject 
of their investigation is a local law enforcement offi-
cer. 
(7) The recent grand jury proceedings following 
the deaths of Michael Brown and Eric Garner have 
followed historical tradition, ending with a refusal to 
indict the law enforcement officers involved in their 
deaths. 
(8) The American people have lost confidence in 
the secretive grand jury process when it is used to 
evaluate allegations of police misconduct. 
(9) The loss of confidence in our system of jus-
tice leads to the undermining of the principles of 
equality and justice upon which this country was 
founded. 
(10) Preliminary hearings are often replaced 
with direct presentments, whereby the prosecutor 
may send a case directly to the grand jury without 
a public preliminary hearing. 
SEC. 3. HEARING BEFORE A JUDGE REQUIRED. 
(a) 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 1 of part E of 
title I of the Omnibus Crime Control and Safe Streets Act 
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of 1968 (34 U.S.C. 10151 et seq.), the State shall comply 
with the requirements of this section. 
(b) NOTIFICATION REQUIREMENTS.— 
(1) NOTIFICATION
TO
PROSECUTOR.—In the 
case of a law enforcement officer of a local law en-
forcement agency who uses deadly force against a 
person in the course of the officer’s employment, 
and thereby causes the death of that person, not 
later than 24 hours after the death occurs, the chief 
officer of the law enforcement agency of the locality 
in which the death occurred shall report the death 
to the elected prosecutor of that locality. 
(2) NOTIFICATION
TO
GOVERNOR.—Not later 
than 24 hours after receiving notice under para-
graph (1), the elected prosecutor of the locality in 
which the death occurred shall report the death to 
the Governor of that State. 
(c) HEARING REQUIREMENT; APPOINTMENT OF SPE-
CIAL PROSECUTOR.— 
(1) IN GENERAL.—Not later than 3 days after 
receiving notice under subsection (b)(2), the Gov-
ernor 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 
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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 ran-
dom process to select the special prosecutor from 
among all of the elected prosecutors in the State, ex-
cluding the elected prosecutor of the locality in 
which the death occurred. 
(2) TIMING.—The hearing described in para-
graph (1) shall be held not later than 90 days after 
the appointment of the special prosecutor, unless the 
judge determines that good cause exists to delay the 
hearing. 
(3) COURT
TO
REMAIN
OPEN
TO
THE
PUB-
LIC.—Except as determined appropriate by the pre-
siding judge, in a hearing described in paragraph 
(1), the court shall remain open to the public, and 
upon scheduling the hearing the judge shall provide 
notice to the public of the date, time, and location 
of the hearing. 
(d) STATE LAW ENFORCEMENT AGENCY TO HAVE 
EXCLUSIVE AUTHORITY OVER INVESTIGATION.— 
(1) IN
GENERAL.—Not later than 24 hours 
after receiving notice under subsection (b)(2), the 
Governor shall report the death to the chief officer 
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of the State law enforcement agency of the State in 
which the death occurred, and the State law enforce-
ment agency shall assume exclusive control of the in-
vestigation of the death during the pendency of the 
probable cause hearing. 
(2) COOPERATION
OF
LOCAL
LAW
ENFORCE-
MENT AGENCY.—The chief officer of the law enforce-
ment agency of the locality in which the death oc-
curred shall cooperate with the special prosecutor 
and the chief officer of the State law enforcement 
agency by responding promptly to requests for infor-
mation related to the death. 
(e) 
WRITTEN
DETERMINATION
OF
PROBABLE 
CAUSE.—Not later than 5 days after the conclusion of a 
hearing described in subsection (c), the judge presiding 
over the hearing shall issue the determination described 
in subsection (c) in writing, and shall submit such deter-
mination to the elected prosecutor of the locality in which 
the death occurred. Such determination shall be made 
available to the public. 
(f) RECOMMENDATIONS
OF
THE SPECIAL PROS-
ECUTOR.—Upon the conclusion of a hearing described in 
subsection (c), the special prosecutor shall submit written 
recommendations to the elected prosecutor of the locality 
in which the death occurred, including a recommendation 
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regarding whether criminal charges should be brought 
against the law enforcement officer relating to the death 
of the person. 
(g) TOLLING
OF PROCEDURAL DEADLINES.—Any 
applicable filing or other procedural deadlines are tolled 
during the pendency of the hearing described in subsection 
(c). 
(h) PRESERVATION
OF PROSECUTORIAL DISCRE-
TION.—The hearing described in subsection (c) shall be 
purely advisory, and shall have no binding effect on the 
elected prosecutor of the locality in which the death oc-
curred. After the conclusion of the hearing described in 
subsection (c), the elected prosecutor of the locality in 
which the death occurred shall retain prosecutorial discre-
tion as to whether to bring charges against the law en-
forcement officer, including whether to hold a grand jury 
proceeding in the appropriate court. 
Æ 
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