In-custody Death Investigation Procedures
The bill mandates that the district attorney inform both the governor and the attorney general about these incidents, thereby creating a log that becomes public information under the Inspection of Public Records Act. Additionally, if a district attorney chooses not to prosecute, they must provide a detailed report that outlines the reasons for this decision. This provision is meant to enhance accountability and public awareness regarding prosecutorial decisions in circumstances involving police use of force.
Senate Bill 265, introduced by Antoinette Sedillo Lopez, pertains to criminal procedures regarding instances of in-custody deaths and cases where individuals suffer significant bodily harm or death due to the use of force by peace officers. The bill establishes a clear reporting mechanism that requires sheriffs or police chiefs to notify the relevant district attorney within 24 hours of such incidents. This swift reporting aims to ensure transparency and accountability in investigations involving law enforcement actions that result in fatalities or severe injuries.
While the intent of SB265 is to provide a structured approach to handling sensitive cases involving law enforcement, points of contention may arise around the perceived autonomy of local law enforcement agencies and district attorneys. Critics might argue that mandatory reporting and the involvement of higher state authorities could undermine local discretion and lead to undue scrutiny of officers' actions. Furthermore, the requirement for detailed reports may also burden district attorneys, especially in smaller jurisdictions where resources are already limited.
The bill identifies the Department of Public Safety as the primary investigative agency responsible for conducting inquiries into in-custody deaths and uses of force resulting in great bodily harm. Moreover, it allows the attorney general to take over prosecutorial responsibilities if the local district attorney declines to prosecute. This ensures that there are systems in place to maintain a check on law enforcement practices while aiming for a balance between oversight and local governance.