Senate Bill sb0650c1

    Florida Senate - 2004                            CS for SB 650

    By the Committee on Criminal Justice; and Senators Fasano and
    Lynn




    307-2051-04

  1                      A bill to be entitled

  2         An act relating to law enforcement officers;

  3         amending s. 112.532, F.S.; providing that all

  4         identifiable witnesses be interviewed whenever

  5         possible before beginning the investigative

  6         interview of the accused law enforcement

  7         officer; requiring that the complaint and all

  8         witness statements be provided to the law

  9         enforcement officer before beginning an

10         investigative interview; providing an effective

11         date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraph (d) of subsection (1) of section

16  112.532, Florida Statutes, is amended to read:

17         112.532  Law enforcement officers' and correctional

18  officers' rights.--All law enforcement officers and

19  correctional officers employed by or appointed to a law

20  enforcement agency or a correctional agency shall have the

21  following rights and privileges:

22         (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND

23  CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a

24  law enforcement officer or correctional officer is under

25  investigation and subject to interrogation by members of his

26  or her agency for any reason which could lead to disciplinary

27  action, demotion, or dismissal, such interrogation shall be

28  conducted under the following conditions:

29         (d)  The law enforcement officer or correctional

30  officer under investigation shall be informed of the nature of

31  the investigation prior to any interrogation, and he or she

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 650
    307-2051-04




 1  shall be informed of the name of all complainants. All

 2  identifiable witnesses shall be interviewed whenever possible

 3  before beginning the investigative interview of the accused

 4  officer. The complaint and all witness statements shall be

 5  provided to the officer who is the subject of the complaint

 6  before beginning any investigative interview.

 7         Section 2.  This act shall take effect July 1, 2004.

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 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 650

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12  -    The CS amends a different section of law than the
         original bill. Section 112.532, F.S., rather than section
13       112.533, F.S.

14  -    The CS includes the phrase "whenever possible" which has
         the effect of loosening the requirement that all
15       identifiable witnesses by interviewed before the officer
         under investigation to a more flexible standard.
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CODING: Words stricken are deletions; words underlined are additions.