SB 366

Session
Regular Session 2018
Title
Courts, grand jury proceedings, disclosure of certain evidence and testimony relating to officer-involved shootings, Sec. 12-16-216 am'd.
Description

Under existing law, grand jury evidence and testimony is prohibited from being disclosed except under certain specified circumstances. Also under existing law, it is unlawful to corruptly influence a grand juror or use any kind of force or intimidation to obtain the disclosure of grand jury evidence and testimony

This bill would allow the disclosure of grand jury evidence and testimony related to an officer-involved shooting that results in the death of a person

To amend Section 12-16-216, Code of Alabama 1975, relating to secret grand jury proceedings; to provide for the disclosure of certain grand jury evidence and testimony relating to an officer-involved shooting that results in the death of a person.

Subjects
Courts
View Original PDF: SB 366 - Introduced - PDF

Under existing law, grand jury evidence and testimony is prohibited from being disclosed except under certain specified circumstances. Also under existing law, it is unlawful to corruptly influence a grand juror or use any kind of force or intimidation to obtain the disclosure of grand jury evidence and testimony

This bill would allow the disclosure of grand jury evidence and testimony related to an officer-involved shooting that results in the death of a person

To amend Section 12-16-216, Code of Alabama 1975, relating to secret grand jury proceedings; to provide for the disclosure of certain grand jury evidence and testimony relating to an officer-involved shooting that results in the death of a person.

Section 1

Section 12-16-216, Code of Alabama 1975, is amended to read as follows:

§12-16-216.

(a) No Except as provided in subsection (c), no past or present grand juror, past or present grand jury witness, or grand jury reporter or stenographer shall willfully at any time, directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge of the form, nature, or content of any physical evidence presented to any grand jury of this state or any knowledge of the form, nature, or content of any question propounded to any person within or before any grand jury or any comment made by any person in response thereto or any other evidence, testimony, or conversation occurring or taken therein.

(b) Nor shall any No person shall do any of the following: person at any time directly or indirectly, conditionally or unconditionally, by any means whatever,

(1) corruptly or with intent to Corruptly influence a grand juror or other person authorized by law to attend a grand jury,. or by

(2) Obtain any knowledge of the content of any physical evidence presented, question asked, answer or comment made, or any other evidence, testimony, or conversation occurring within or before any grand jury of this state through any of the following:

a. threats Threats of harm to person or property,.

or by force b. Force applied to person or property.

or by threatening letter or communication, or by offer c. Offer of reward, remuneration, gift, benefit, or thing of value of whatever nature and kind, obtain or endeavor to obtain any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state, or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury, or any knowledge of the form, nature or content of any answer or comment made by any person in response thereto, or any other evidence, testimony, or conversation occurring or taken therein.

(c)(1) Provided however, the The State of Alabama shall not be precluded from using may use the testimony of a grand jury witness to impeach that witness's testimony in the trial of a criminal case, nor shall the State of Alabama be precluded from using grand jury testimony to prosecute a perjury warrant or indictment, nor shall the State of Alabama be precluded from using grand jury testimony or in any manner otherwise permitted by law. Further, provided however, that grand

(2) Grand jury evidence and testimony may be presented to grand juries of other circuits and jurisdictions upon the issuance of a proper grand jury subpoena.

(3) Grand jury evidence and testimony relating to an officer-involved shooting that results in the death of a person may be disclosed to the public when the grand jury does not return an indictment or at the close of the criminal trial. As used in this subdivision, the phrase officer-involved shooting means the discharge of a firearm, whether intentional or accidental, by either of the following:

a. A law enforcement officer, whether on duty or off duty, at another person.

b. A person at a law enforcement officer, whether on duty or off duty."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 15, 2018SPending third reading on day 21 Favorable from Judiciary
March 15, 2018SRead for the second time and placed on the calendar
March 6, 2018SRead for the first time and referred to the Senate committee on Judiciary
2018-03-08
Chamber: Senate
Result: Passed