| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the interview and interrogation of law |
| 8 | enforcement officers and correctional officers; amending |
| 9 | s. 112.532, F.S.; requiring that all identifiable |
| 10 | witnesses to a complaint against a law enforcement officer |
| 11 | or correctional officer be interviewed, whenever possible, |
| 12 | prior to the investigative interview of the accused |
| 13 | officer; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (d) of subsection (1) of section |
| 18 | 112.532, Florida Statutes, is amended to read: |
| 19 | 112.532 Law enforcement officers' and correctional |
| 20 | officers' rights.--All law enforcement officers and correctional |
| 21 | officers employed by or appointed to a law enforcement agency or |
| 22 | a correctional agency shall have the following rights and |
| 23 | privileges: |
| 24 | (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL |
| 25 | OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement |
| 26 | officer or correctional officer is under investigation and |
| 27 | subject to interrogation by members of his or her agency for any |
| 28 | reason which could lead to disciplinary action, demotion, or |
| 29 | dismissal, such interrogation shall be conducted under the |
| 30 | following conditions: |
| 31 | (d) The law enforcement officer or correctional officer |
| 32 | under investigation shall be informed of the nature of the |
| 33 | investigation prior to any interrogation, and he or she shall be |
| 34 | informed of the names name of all complainants. All identifiable |
| 35 | witnesses shall be interviewed, whenever possible, prior to the |
| 36 | beginning of the investigative interview of the accused officer. |
| 37 | The complaint and all witness statements shall be provided to |
| 38 | the officer who is the subject of the complaint prior to the |
| 39 | beginning of any investigative interview. |
| 40 | Section 2. This act shall take effect July 1, 2004. |