Bill Text: FL S1470 | 2015 | Regular Session | Introduced
Bill Title: Law Enforcement Lethal Use of Force Commission
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-05-01 - Died in Criminal Justice [S1470 Detail]
Download: Florida-2015-S1470-Introduced.html
Florida Senate - 2015 SB 1470
By Senator Bullard
39-01283-15 20151470__
1 A bill to be entitled
2 An act relating to the Law Enforcement Lethal Use of
3 Force Commission; creating s. 943.69, F.S.; creating
4 the commission; providing for membership of the
5 commission; specifying membership requirements;
6 providing term limits for members; authorizing per
7 diem for members; requiring law enforcement agencies
8 to report use-of-force incidents resulting in
9 fatalities to the commission; providing a definition;
10 requiring state attorneys and other prosecuting
11 entities to notify the commission of inquiries into
12 use-of-force fatalities and upon determining not to
13 pursue charges; requiring the commission to review
14 lethal use-of-force incidents; authorizing the
15 commission to refer incidents to the Attorney General
16 for consideration of prosecution; authorizing the
17 commission to subpoena documents and witnesses;
18 authorizing the Attorney General to bring criminal
19 charges; prohibiting actions of the commission that
20 could constitute double jeopardy; providing an
21 effective date.
22
23 WHEREAS, the Legislature finds that the need exists for an
24 independent, second-tier review of incidents in which actions of
25 law enforcement personnel result in a fatality in order to
26 continue strengthening the trust between law enforcement
27 agencies and the communities they protect, NOW, THEREFORE,
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 943.69, Florida Statutes, is created to
32 read:
33 943.69 Law Enforcement Lethal Use of Force Commission.—
34 (1) MEMBERSHIP.—
35 (a) The Law Enforcement Lethal Use of Force Commission is
36 hereby created. The commission shall consist of 15 members, who
37 shall serve 4-year terms, appointed by the executive director of
38 the Department of Law Enforcement.
39 (b) At least five members must not be current or former law
40 enforcement officers or non-law enforcement officer employees of
41 the Department of Legal Affairs, the Department of Law
42 Enforcement, the Department of Corrections, or the offices of a
43 county sheriff or municipal police agency.
44 (c) No more than three members may be appointed from the
45 same judicial circuit. Consideration should be given in
46 appointment to geographic diversity.
47 (d) Membership on the commission does not disqualify a
48 member from holding any other public office or being employed by
49 a public entity; however, a sitting judge or a member of the
50 Legislature may not be appointed.
51 (e) Members of the commission may receive per diem and
52 travel expenses as provided in s. 112.061.
53 (2) REPORTING REQUIREMENTS.—
54 (a) The head of a law enforcement agency shall ensure that,
55 if a law enforcement officer uses force that results in the
56 death of another person, such incident shall be reported to the
57 commission within 24 hours. Further, the head of the department
58 or agency shall notify the commission within 7 days after the
59 completion of an investigation into the use of force of the
60 results of the investigation. As used in this paragraph, the
61 term “law enforcement agency” means an agency or unit of
62 government that has authority to employ or appoint law
63 enforcement officers as defined in s. 943.10(1).
64 (b) State attorneys and other prosecuting entities shall
65 notify the commission within 2 days after beginning an inquiry
66 into a law enforcement officer who used force that resulted in
67 the death of another person. State attorneys and other
68 prosecuting entities shall notify the commission within 2 days
69 after a decision not to pursue charges against such an officer.
70 (3) POWERS AND DUTIES.—
71 (a) The commission may, at the conclusion of any internal
72 investigation, and upon receiving information from a state
73 attorney or other prosecuting entity that no charges will be
74 pursued, review the incident to determine whether the use of
75 force appears unlawful and whether the matter should be referred
76 to the Attorney General for consideration of prosecution.
77 (b) Such referrals to the Attorney General shall be made by
78 a majority vote of the members of the commission.
79 (c) The commission may subpoena documents, including
80 confidential documents, and require testimony.
81 (4) REFERRAL TO ATTORNEY GENERAL.—
82 (a) The Attorney General, to the extent the Attorney
83 General is not currently empowered by law to do so, may bring
84 appropriate criminal charges against a law enforcement officer
85 subsequent to a referral from the commission for a violation of
86 law.
87 (b) This subsection does not limit the independent powers
88 and discretion of the Attorney General.
89 (5) LIMITATIONS ON REFERRAL.—
90 (a) This section does not authorize the referral of a
91 person for prosecution or the bringing of charges against a
92 person who has been acquitted at trial for criminal charges
93 arising out of the same incident.
94 (b) This section does not authorize an action inconsistent
95 with the prohibitions against double jeopardy in the State
96 Constitution or the Constitution of the United States.
97 Section 2. This act shall take effect July 1, 2015.
