Senate Bill sb2834

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    Florida Senate - 2007                                  SB 2834

    By Senator Siplin





    19-293-07

  1                      A bill to be entitled

  2         An act relating to police pursuits of fleeing

  3         vehicles; establishing policies for such

  4         pursuits; providing definitions; establishing

  5         criteria to determine when a pursuit may be

  6         commenced and when it must terminate; providing

  7         guidelines for officers to follow during

  8         pursuits; prohibiting certain actions;

  9         providing an effective date.

10  

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

12  

13         Section 1.  (1)(a)  A police department shall make

14  every reasonable effort to apprehend fleeing violators. Sworn

15  officers shall always consider the safety of the public when

16  responding to calls, pursuing violators, or conducting felony

17  stops. Officers shall always consider the dangers of a vehicle

18  pursuit in relation to the lives or property of innocent users

19  of the roadways, law enforcement employees, and the violator.

20  Officers deciding to give chase shall balance the need to stop

21  a suspect against the potential threat to everyone created by

22  the pursuit. It must be so important to apprehend the suspect

23  that officers are justified at placing an innocent third party

24  at risk of loss of life or property.

25         (b)  Situations in which an officer follows a subject

26  vehicle but does not engage in apprehension efforts do not

27  constitute pursuits. The term "to follow" means to drive in

28  close proximity to a subject vehicle without using any

29  apprehension efforts, including, but not limited to, hand

30  signals or emergency take-down equipment. The police vehicle

31  must adhere to traffic laws and traffic-control devices.

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 1  Following a subject vehicle for more than 15 minutes requires

 2  supervisory notification.

 3         (c)  If apprehension efforts are used, any driver of a

 4  suspect vehicle who fails to yield to apprehension efforts is

 5  subject to prosecution for appropriate charges of fleeing to

 6  elude, resisting, or obstruction. Fleeing and eluding a marked

 7  patrol vehicle that has emergency lights and siren activated

 8  is a felony of the third degree, punishable as provided in s.

 9  775.082. s. 775.083, or s. 775.084, Florida Statutes.

10         (2)  As used in this section, the term:

11         (a)  "Authorized emergency vehicle" means a police

12  vehicle operating with its emergency equipment activated and

13  warning all other traffic by use of a siren or horn and blue

14  lights. Only a marked patrol vehicle may engage in a vehicle

15  pursuit.

16         (b)  "Emergency equipment" means emergency equipment on

17  police vehicles, including emergency blue lights, sirens,

18  hazardous warning lights, spotlights, and public address

19  systems. When an officer has a need to use emergency

20  equipment, employees shall exercise good judgment and keep

21  transmissions on the public address system at a professional

22  level.

23         (c)  "Reasonable suspicion" means that an officer is

24  able to articulate specific facts that, when taken in the

25  totality of the circumstances, reasonably indicate that the

26  suspect did commit or has attempted to commit a violent

27  forcible felony.

28         (d)  "Termination of pursuit" means that the primary

29  and assigned back-up officers have completed the following

30  actions:

31  

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 1         1.  The primary and assigned back-up officers turn off

 2  all emergency equipment;

 3         2.  The primary and back-up officers turn their police

 4  vehicles in another direction of travel away from where the

 5  suspect's vehicle was last seen heading, or pull to the side

 6  of the road if on a limited-access roadway, and inform the

 7  communications division of this fact along with their

 8  location; or

 9         3.  The fleeing vehicle stops.

10         (e)  "Traffic stop" means an attempt, by using an

11  authorized emergency vehicle and emergency equipment, to stop

12  a vehicle or otherwise apprehend the occupants of a vehicle.

13  An officer may take steps reasonably necessary to apprehend

14  the offender, but must do so with due regard for the safety of

15  all persons and property.

16         (f)  "Vehicle apprehension" means the tactics and

17  strategies that are designed to take a suspect into custody

18  who is in a moving motor vehicle, including traffic stops,

19  tactical vehicle takedowns, tire-deflation devices, stationary

20  roadblocks, or other approved tactics to apprehend a suspect

21  in a moving vehicle.

22         (g)  "Vehicle pursuit" means a multistage process by

23  which a police officer attempts to initiate a traffic stop and

24  a driver resists the directive to stop and increases speed or

25  takes evasive action and refuses to stop the vehicle. Once the

26  driver refuses to obey the police officer's directive to stop

27  and the officer continues to attempt to apprehend the vehicle

28  in a marked patrol vehicle that has emergency lights and siren

29  activated, the terms of this pursuit policy apply.

30         (h)  "Violent forcible felony" means any of the

31  following crimes:

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 1         1.  Murder.

 2         2.  Manslaughter.

 3         3.  Armed robbery.

 4         4.  Armed sexual battery.

 5         5.  Arson to a structure reasonably believed to be

 6  occupied.

 7         6.  Use of explosive devices to a structure reasonably

 8  believed to be occupied.

 9         7.  Kidnapping.

10         8.  Armed carjacking.

11         9.  Burglary armed with a firearm.

12         10.  Aggravated assault of a law enforcement officer

13  with a deadly weapon, including a firearm or edged weapon, but

14  excluding a motor vehicle.

15         11.  Aggravated battery of a law enforcement officer

16  resulting in serious injury. An officer's having to move from

17  the path of a fleeing vehicle does not constitute an

18  aggravated assault, attempted murder, attempted aggravated

19  battery, or attempted manslaughter for the purposes of this

20  section.

21         (3)(a)  An officer may engage in a pursuit if the

22  officer has a reasonable suspicion that a fleeing suspect has

23  committed or has attempted to commit a violent forcible

24  felony. A pursuit for any other reason is prohibited.

25         (b)  The decision to initiate a pursuit must be based

26  on the officer's conclusion that the immediate danger to the

27  public created by the pursuit is less than the immediate or

28  potential danger to the public if the suspect remains at

29  large. Factors to consider include:

30         1.  Alternative means of apprehension.

31  

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 1         2.  The nature of the suspected violent forcible

 2  felony.

 3         3.  The potential for endangerment of the public caused

 4  by the eluding acts of a fleeing violator.

 5         4.  The amount of vehicle and pedestrian traffic.

 6         5.  Possibility of identifying the operator or vehicle

 7  at a later date.

 8         6.  Daylight or darkness.

 9         7.  Weather conditions.

10         8.  Road conditions.

11         9.  The type of police vehicle.

12         10.  Vehicle speeds.

13         (c)  Once the decision has been made to engage in

14  pursuit, these factors shall continue to be given careful

15  consideration in determining the maximum safe speed at which

16  officers' vehicles may travel throughout the pursuit and

17  whether to continue with the pursuit. There must be a plan to

18  end the pursuit as soon as practical.

19         (4)(a)  Officers, supervisors, and commanders at all

20  levels shall closely monitor the progress of each pursuit. The

21  need for apprehension shall be constantly weighed against the

22  potential danger created by the pursuit.

23         (b)  Upon engaging in a pursuit, officers shall

24  maintain safe and maneuverable control of their vehicles and

25  shall immediately notify headquarters to indicate that a

26  pursuit is in progress, giving the location, direction of

27  travel, speed, color, year, make, body style, and license of

28  the pursued vehicle and the crime or suspected crime for which

29  the pursued is wanted.

30         (c)  Existing conditions and the availability of other

31  field units shall determine the course of action to be taken

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 1  to accomplish the apprehension. Only the field supervisor or a

 2  watch commander may direct other units to converge. Other

 3  units, whether uniformed, investigative, or administrative may

 4  not enter into emergency operation unless specifically

 5  directed to do so by the field supervisor or watch commander.

 6         (5)  The following tactics and conditions must be

 7  adhered to while engaged in a pursuit:

 8         (a)  Only two or three units may be directed to engage

 9  in the pursuit. These include the primary unit and the

10  assigned backup. The third unit must be a K-9 unit or third

11  marked patrol vehicle for apprehension purposes or for the

12  application of a felony stop.

13         (b)  If appropriate, a supervisory unit may also engage

14  in the pursuit if in a marked vehicle.

15         (c)  The watch commander on duty shall be in ultimate

16  and complete command of vehicle pursuits.

17         (d)  Additional assistance, if authorized, shall be

18  determined by:

19         1.  The nature of the offense.

20         2.  The number of suspects.

21         3.  The number of officers present.

22         4.  Other clear and articulated facts that would

23  warrant the increased hazard.

24         (e)  Pursuing officers and any assigned parallel units

25  shall respond with emergency equipment activated.

26         (f)  Motorcycle units may not engage in pursuits.

27         (g)  A group of police vehicles traveling together in a

28  file of unassigned units or caravanning is prohibited.

29         (h)  Units may not follow a suspect vehicle the wrong

30  way on a limited-access roadway or on a one-way street.

31  

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 1         (i)  Units may not pass each other unless the lead

 2  vehicle grants permission.

 3         (j)  Units shall terminate any pursuit when

 4  communications with headquarters or the field supervisor is

 5  lost.

 6         (k)  A pursuit may be terminated if the suspect has

 7  been or can be identified for later prosecution.

 8         (l)  A pursuit shall be terminated if the officer loses

 9  sight of the suspect vehicle, other than for a 15-second

10  period. The field supervisor shall be immediately notified of

11  this event.

12         (m)  Rolling roadblocks, high-speed boxing in, heading

13  off, and closing parallel approaches are not permitted. Watch

14  commanders or supervisors may take advantage of situations

15  where the fleeing vehicle is slowed to a near stop by traffic

16  conditions or other obstacles and direct assisting police

17  vehicles to box in the fleeing vehicle.

18         (n)  If approved by a watch commander, a stationary

19  roadblock shall provide the suspect vehicle with an

20  opportunity to stop. Lights and flares shall be used if time

21  permits. Private vehicles may not be used in a roadblock.

22         (o)  Units may not ram a fleeing vehicle unless deadly

23  force is authorized. Approval from a watch commander must also

24  be obtained, unless the use of such force is immediately

25  necessary to protect human life from death or great bodily

26  harm.

27         (p)  A unit may not engage in a pursuit initiated by

28  another jurisdiction unless approved by a watch commander and

29  the pursuit would be proper under the officer's department's

30  policy. If the pursuit would not be justified under that

31  policy, officers are limited to blocking traffic at

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 1  intersections within the department's jurisdiction with the

 2  watch commander's approval. The watch commander is also

 3  responsible for informing the initiating jurisdiction that the

 4  pursuit is not authorized under that policy.

 5         (g)  Air support units shall be used whenever possible.

 6  The presence of an air unit may negate the need for the

 7  continuance of a pursuit and allow officers to proceed at a

 8  reduced rate of speed to assist in the apprehension. If so,

 9  the officers shall deactivate their emergency equipment,

10  follow directions from the air unit, and obey all traffic

11  laws.

12         (r)  An unmarked vehicle may not engage in a vehicle

13  pursuit unless specifically authorized by a watch commander.

14         (s)  Only a marked police vehicle having emergency

15  equipment activated may be used in a vehicle pursuit.

16  Deployment shall be on the most flat and level roadway

17  possible. Lights and flares shall be used if time permits. The

18  area must be void of all civilian traffic and pedestrians.

19         (t)  The decision to pursue or to discontinue the

20  pursuit rests with the pursuing officers up to the point that

21  the field supervisor or watch commander becomes aware of the

22  situation. At that time, the field supervisor, watch

23  commander, and pursuing officers each have an obligation to

24  discontinue the pursuit when circumstances indicate that it is

25  no longer justified or it is unreasonable to continue. Any

26  officer ordered to cease a pursuit by a superior officer must

27  do so immediately.

28         (u)  The field supervisor or the watch commander shall

29  obtain verbal confirmation that the officer has ceased the

30  pursuit and must do the following:

31  

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 1         1.  The primary and back-up officers shall turn off all

 2  emergency equipment.

 3         2.  The primary and back-up officers shall turn their

 4  vehicles in another direction of travel away from where the

 5  suspect's vehicle was last seen heading or pull to the side of

 6  the road if on a limited access roadway.

 7         3.  The primary officer shall inform the communications

 8  division that the pursuit has terminated and give the location

 9  and last known direction of the suspect's vehicle.

10         (v)  The field supervisor shall respond to the scene to

11  assess the situation and provide information for the watch

12  commander.

13         (w)  Every vehicle pursuit shall be documented by an

14  incident report and a vehicle pursuit form. In the case of a

15  felony arrest, a separate incident report is not necessary.

16         (x)  The watch commander shall respond to the scene to

17  gather the necessary information required for the vehicle

18  pursuit form. Watch commanders shall ensure that these reports

19  are completed by the end of their tour of duty.

20         (y)  The watch commander shall forward the vehicle

21  pursuit form and copies of the appropriate reports, including

22  arrest affidavit, incident report, risk-management forms for

23  vehicle damage, and defensive-tactics form for use of

24  tire-deflation devices to the training section for review. The

25  training section shall forward it, via the watch commander's

26  chain of command, to internal affairs for an administrative

27  review.

28         (6)  When an officer attempts to initiate a traffic

29  stop, the driver of the vehicle refuses to stop, and the

30  officer does not initiate a pursuit, the officer shall

31  complete an attempted vehicle apprehension form. The officer

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 1  shall forward the form to his or her supervisor who shall

 2  forward it to the training section for review. The training

 3  section shall track all attempted vehicle apprehensions.

 4         (7)  Upon the notification that a pursuit is in

 5  progress, the communications division shall:

 6         (a)  Initiate emergency radio traffic and advise all

 7  other units that a pursuit is in progress, providing all

 8  relevant information.

 9         (b)  Immediately notify the watch commander and the

10  field supervisor that a pursuit is in progress.

11         (c)  Receive and record all incoming information

12  concerning the pursuit and the pursued vehicle.

13         (d)  Perform relevant record and motor vehicle checks.

14         (e)  Control all radio communications during the

15  pursuit.

16         (f)  Coordinate assistance under the direction of the

17  watch commander or the field supervisor.

18         (g)  Ascertain the availability of aerial and K-9 units

19  and report their status to the field supervisor or the watch

20  commander.

21         (h)  Notify any affected area agencies of the pursuit.

22         (i)  Continue to monitor the pursuit until it is

23  terminated.

24         (8)  Tire-deflation devices such as Stop Sticks,

25  Piranha, Terminator, Barracuda, and Road Spike are devices

26  comparable to a hard-control response to active resistance.

27  Deploying a tire-deflation device during a vehicle pursuit

28  shall be documented on a defensive-tactics form indicating

29  that a tire-deflation device was used. Only officers who are

30  trained by the training unit in the use of tire-deflation

31  devices may deploy or activate them.

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 1         (a)  Officers shall make every effort to avoid

 2  collateral damage to property which could result from the

 3  target vehicle's impact with tire-deflation devices.

 4         (b)  When deploying Stop Sticks on a roadway as part of

 5  a pursuit, the deploying officer shall notify the

 6  communications division of the intended location and specific

 7  lanes of travel intended for deployment. The communications

 8  division shall notify the units and agencies involved in the

 9  pursuit, as well as the on-duty watch commander.

10         (c)  Before deploying Stop Sticks on roadways, officers

11  shall:

12         1.  Select a location that has minimal anticipated and

13  actual pedestrian and bystander presence.

14         2.  Position officers and bystanders in a safe location

15  away from the point of impact and potential flying debris.

16         (d)  Stop Sticks may not be deployed on motorcycles or

17  bicycles.

18         (e)  When used in a pursuit, officers other than those

19  operating the primary and secondary pursuit vehicles are

20  responsible for deployment of Stop Sticks and shall deploy the

21  devices in the roadway ahead of the vehicle they are

22  attempting to stop.

23         (f)  Stop Sticks shall be positioned to minimize the

24  ability of the target vehicle to avoid or evade the device.

25         (g)  Stop Sticks shall be deployed as a single unit or

26  in combination of two or more sets depending on the width of

27  the roadway to be covered and available time to deploy them.

28         (h)  Assisting officers shall prevent traffic from

29  entering the target roadway and redirect civilian traffic on

30  the target roadway away from the deployment area.

31  

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 1         (i)  Deploying officers may use their patrol vehicles

 2  to channel the fleeing vehicle toward the path of the Stop

 3  Sticks if:

 4         1.  Emergency equipment is activated.

 5         2.  At least two traffic lanes are available for the

 6  target vehicle and pursuing officers without crossing a grass

 7  or elevated concrete median.

 8         3.  Officers have exited their patrol vehicles and

 9  assumed a safe position.

10         (j)  Deploying officers shall immediately remove Stop

11  Sticks from the roadway when no further need for deployment

12  exists and it is safe to do so.

13         (k)  The assigned supervisor shall ensure that a Stop

14  Stick duplicate reporting form is completed and turned in to

15  the supply division along with the damaged Stop Sticks.

16         (l)  Tire-deflation devices may be used by specialized

17  units as a pursuit-prevention measure for stationary vehicles

18  or vehicles traveling less than 25 miles per hour. They may be

19  used for the following:

20         1.  Control driver's license or DUI checkpoints.

21         2.  Suspect surveillance.

22         3.  Buy or bust drug operations.

23         4.  Warrant service.

24         5.  Other situations where the movement of a stationary

25  vehicle must be prevented.

26         (m)  Generally, tire-deflation devices may be used to

27  assist another agency inside or outside a department's

28  jurisdiction. However, the following conditions must be met:

29         1.  The pursuit must meet the department's criteria for

30  engaging in a pursuit.

31         2.  Another agency must request assistance.

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 1         3.  A watch commander must authorize the use of the

 2  tire-deflation device.

 3         (9)  When an officer under the guidelines established

 4  in this section has initiated a pursuit within the

 5  department's jurisdiction, the pursuit may be extended beyond

 6  the department's jurisdiction.

 7         (a)  In such situation, the communications division

 8  shall notify the jurisdiction into which the pursuit in

 9  entering and shall:

10         1.  Advise the jurisdiction of the details of the

11  pursuit, including:

12         a.  Location.

13         b.  Reasonable suspicion that the occupants have

14  committed a forcible felony.

15         c.  Other charges.

16         d.  Number of units involved.

17         e.  Level of command authorization.

18         f.  Type of assistance needed.

19         2.  Request assistance and advise specific

20  responsibilities of pursuit units.

21         3.  Attempt to patch communications between department

22  units and the jurisdiction through which the pursuit is

23  proceeding.

24         (b)  A watch commander must approve a pursuit that

25  extends beyond radio range. The communications division shall

26  direct the units in pursuit to a talk group with maximum radio

27  range. If approved, the following guidelines shall be

28  followed:

29         1.  The jurisdiction through which the pursuit is

30  proceeding shall be asked to take over the pursuit if

31  requested by a watch commander.

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 1         2.  No more than two units may remain engaged at this

 2  time, with one preferably being a supervisor.

 3         3.  If in the lead, department units shall adjust to

 4  take up a support role for continuity and probable cause.

 5         4.  Command shall be turned over to the governing

 6  jurisdiction.

 7         5.  Updates shall be maintained by the communications

 8  division via pagers, cell phones, or other similar devices.

 9         6.  Units may continue in a support role for continuity

10  and probable cause as long as conditions allow, with the

11  approval of the governing jurisdiction.

12         7.  The Department of Law Enforcement shall be asked to

13  turn on the Mutual Aid TAC Repeater.

14         (c)  Department units may engage in interjurisdictional

15  pursuits only when:

16         1.  The pursuit meets departmental criteria for

17  engaging in a pursuit; and

18         2.  There is a specific request for departmental

19  assistance from the pursuing jurisdiction.

20         (d)  All department policies concerning pursuits and

21  roadblocks shall apply, regardless of the type of request from

22  the pursuing jurisdiction.

23         (e)  Units may not follow or provide rolling,

24  paralleling tactics around an interjurisdictional pursuit

25  unless the pursuit meets departmental criteria for pursuit and

26  it is requested by the pursuing jurisdiction.

27         (f)  Units may be dispatched to or remain in areas

28  through which an interjurisdictional pursuit is proceeding in

29  order to provide support in case the pursuit ends within the

30  department's jurisdiction.

31         Section 2.  This act shall take effect July 1, 2007.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Establishes guidelines and policies for police to follow
      before starting a pursuit of a fleeing vehicle.
 4    Establishes guidelines to follow during such pursuit,
      including when and how to terminate the pursuit.
 5    Prohibits certain actions. (See bill for details.)

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