Senate Bill sb0308

    Florida Senate - 2005                                   SB 308

    By Senator Fasano





    11-301-05

  1                      A bill to be entitled

  2         An act relating to law enforcement officers;

  3         amending s. 112.532, F.S.; requiring 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 given 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 before prior to any interrogation, and he or

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    Florida Senate - 2005                                   SB 308
    11-301-05




 1  she shall be informed of the names name of all complainants.

 2  All identifiable witnesses shall be interviewed, whenever

 3  possible, before the beginning of the investigative interview

 4  of the accused officer. The complaint and all witness

 5  statements must be given to the officer who is the subject of

 6  the complaint before the beginning of any investigative

 7  interview.

 8         Section 2.  This act shall take effect July 1, 2005.

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11                          SENATE SUMMARY

12    Requires that all identifiable witnesses be interviewed,
      whenever possible, before beginning the investigative
13    interview of the accused law enforcement officer.
      Requires that the complaint and all witness statements be
14    given to the law enforcement officer before beginning an
      investigative interview.
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CODING: Words stricken are deletions; words underlined are additions.