Hypotheically...

I have a case where a child received corporal punishment (two pops) at school with parent's consent from educator. Child gets home and complains of pain and parents see extensive bruising in the buttocks area. Take child to ER and police called. Investigation proceeds and case forwarded to my office.

1. Anything prevent me from presenting to grand jury for their review?
I have reviewed Penal code 9.62 and education code 22.0512. Also, have done case research. I have found nothing that would prevent me from presenting to grand jury on a legal basis. I think allowing grand jury determine if there is probable cause to believe it was excessive is appropriate.

Any advice, suggestions, or thoughts are greatly appreciated.

If you do, you might also alert the grand jurors to PC Sec. 22.06 (Consent as Defense to Assaultive Conduct).