Senate Bill sb0492c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                            CS for SB 492

    By the Committee on Criminal Justice; and Senator Fasano





    591-2605-07

  1                      A bill to be entitled

  2         An act relating to the investigations of law

  3         enforcement and correctional officers; amending

  4         s. 112.532, F.S.; requiring that all

  5         identifiable witnesses to a complaint against

  6         an officer be interviewed, whenever possible,

  7         prior to the investigative interview of the

  8         accused officer; requiring that the accused

  9         officer be furnished with the complaint and

10         witness statements prior to the investigative

11         interview; providing for waiver of the right to

12         review witness statements and provide a

13         statement by an officer; providing for tolling

14         of the limitations period during an emergency

15         or natural disaster; providing an effective

16         date.

17  

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

19  

20         Section 1.  Paragraph (d) of subsection (1) and

21  paragraph (a) of subsection (6) of section 112.532, Florida

22  Statutes, are amended to read:

23         112.532  Law enforcement officers' and correctional

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

25  correctional officers employed by or appointed to a law

26  enforcement agency or a correctional agency shall have the

27  following rights and privileges:

28         (1)  RIGHTS OF LAW ENFORCEMENT OFFICERS AND

29  CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.--Whenever a

30  law enforcement officer or correctional officer is under

31  investigation and subject to interrogation by members of his

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    Florida Senate - 2007                            CS for SB 492
    591-2605-07




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

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

 3  conducted under the following conditions:

 4         (d)  The law enforcement officer or correctional

 5  officer under investigation shall be informed of the nature of

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

 7  shall be informed of the names name of all complainants. All

 8  identifiable witnesses shall be interviewed, whenever

 9  possible, prior to the investigative interview of the accused

10  officer. The complaint and all witness statements shall be

11  provided to the accused officer before beginning the

12  investigative interview of that officer. The officer, after

13  being informed of the right to review witness statements, may

14  voluntarily waive the provisions of this paragraph and provide

15  a voluntary statement at any time.

16         (6)  LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.--

17         (a)  Except as provided in this subsection, no

18  disciplinary action, demotion, or dismissal shall be

19  undertaken by an agency against a law enforcement officer or

20  correctional officer for any act, omission, or other

21  allegation of misconduct if the investigation of such

22  allegation is not completed within 180 days after the date the

23  agency receives notice of the allegation by a person

24  authorized by the agency to initiate an investigation of the

25  misconduct. If In the event that the agency determines that

26  disciplinary action is appropriate, it shall complete its

27  investigation and give notice in writing to the law

28  enforcement officer or correctional officer of its intent to

29  proceed with disciplinary action, along with a proposal of the

30  action sought. Such notice to the officer shall be provided

31  

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    Florida Senate - 2007                            CS for SB 492
    591-2605-07




 1  within 180 days after the date the agency received notice of

 2  the alleged misconduct, except as follows:

 3         1.  The running of the limitations period may be tolled

 4  for a period specified in a written waiver of the limitation

 5  by the law enforcement officer or correctional officer.

 6         2.  The running of the limitations period shall be

 7  tolled during the time that any criminal investigation or

 8  prosecution is pending in connection with the act, omission,

 9  or other allegation of misconduct.

10         3.  If the investigation involves an officer who is

11  incapacitated or otherwise unavailable, the running of the

12  limitations period shall be tolled during the period of

13  incapacitation or unavailability.

14         4.  In a multijurisdictional investigation, the

15  limitations period may be extended for a period of time

16  reasonably necessary to facilitate the coordination of the

17  agencies involved.

18         5.  The running of the limitations period may be tolled

19  for emergencies or natural disasters during the time period

20  that the Governor has declared a state of emergency within the

21  jurisdictional boundaries of the concerned agency.

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

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 492

26                                 

27  -    The bill has been amended to provide that the officer
         under investigation may waive the right to review the
28       complaint and witness statements prior to his or her
         interview.
29  
    -    Also, during a state of emergency declared by the
30       Governor within the jurisdictional boundaries of the
         agency conducting the investigation, the time limitation
31       (180 days, generally) for completing the investigation is
         tolled.
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