I 
113TH CONGRESS 
2D SESSION 
H. R. 5830 
To provide that in the case of a law enforcement officer who uses deadly 
force against a person, and thereby causes the death of that person, 
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 person, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 10, 2014 
Mr. JOHNSON of Georgia (for himself, Mr. ELLISON, Ms. JACKSON LEE, Mr. 
GRAYSON, Ms. NORTON, Mr. RANGEL, Mr. CUMMINGS, Mr. CLAY, Ms. 
LEE of California, and Mr. CONYERS) introduced the following bill; 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 person, and thereby 
causes the death of that person, a hearing shall be con-
ducted 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 person, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
04:56 Dec 18, 2014
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5830.IH
H5830
SSpencer on DSK4SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Grand Jury Reform 
Act of 2014’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Grand juries are typically used as the proc-
ess by which allegations of police misconduct are 
prosecuted. 
(2) There exists a symbiotic relationship be-
tween local prosecutors and the law enforcement of-
ficers who regularly testify in routine grand jury in-
vestigations. 
(3) 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 investigations. 
(4) Police officers have the right to appear be-
fore the grand jury investigating allegations of 
wrongdoing by said officer, and give testimony not 
subject to a thorough cross examination. 
(5) Grand jury proceedings are by law secret 
proceedings. 
(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. 
VerDate Sep 11 2014 
04:56 Dec 18, 2014
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5830.IH
H5830
SSpencer on DSK4SPTVN1PROD with BILLS
(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. 
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 
of 1968 (42 U.S.C. 3750 et seq.), the State shall comply 
with the requirements of this section. 
(b) HEARING REQUIREMENT; APPOINTMENT OF SPE-
CIAL PROSECUTOR.—In the case of a law enforcement of-
ficer 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 pros-
ecutor to present evidence on behalf of the State at a hear-
VerDate Sep 11 2014 
04:56 Dec 18, 2014
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5830.IH
H5830
SSpencer on DSK4SPTVN1PROD with BILLS
ing 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 ran-
dom 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. 
(c) 
WRITTEN
DETERMINATION
OF
PROBABLE 
CAUSE.—The judge presiding over a hearing described in 
subsection (b) shall issue the determination described in 
subsection (b) in writing, and shall submit such deter-
mination to the chief prosecutor of the locality in which 
the death took place. 
(d) RECOMMENDATIONS
OF
THE SPECIAL PROS-
ECUTOR.—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. 
(e) COURT TO REMAIN OPEN TO THE PUBLIC.—In 
a hearing described in subsection (a), the court shall re-
VerDate Sep 11 2014 
04:56 Dec 18, 2014
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5830.IH
H5830
SSpencer on DSK4SPTVN1PROD with BILLS
main open to the public, except as determined appropriate 
by the presiding judge. 
Æ 
VerDate Sep 11 2014 
04:56 Dec 18, 2014
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5830.IH
H5830
SSpencer on DSK4SPTVN1PROD with BILLS