Florida Senate - 2015                                    SB 1470
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01283-15                                           20151470__
    1                        A bill to be entitled                      
    2         An act relating to the Law Enforcement Lethal Use of
    3         Force Commission; creating s. 943.69, F.S.; creating
    4         the commission; providing for membership of the
    5         commission; specifying membership requirements;
    6         providing term limits for members; authorizing per
    7         diem for members; requiring law enforcement agencies
    8         to report use-of-force incidents resulting in
    9         fatalities to the commission; providing a definition;
   10         requiring state attorneys and other prosecuting
   11         entities to notify the commission of inquiries into
   12         use-of-force fatalities and upon determining not to
   13         pursue charges; requiring the commission to review
   14         lethal use-of-force incidents; authorizing the
   15         commission to refer incidents to the Attorney General
   16         for consideration of prosecution; authorizing the
   17         commission to subpoena documents and witnesses;
   18         authorizing the Attorney General to bring criminal
   19         charges; prohibiting actions of the commission that
   20         could constitute double jeopardy; providing an
   21         effective date.
   22  
   23         WHEREAS, the Legislature finds that the need exists for an
   24  independent, second-tier review of incidents in which actions of
   25  law enforcement personnel result in a fatality in order to
   26  continue strengthening the trust between law enforcement
   27  agencies and the communities they protect, NOW, THEREFORE,
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 943.69, Florida Statutes, is created to
   32  read:
   33         943.69 Law Enforcement Lethal Use of Force Commission.—
   34         (1) MEMBERSHIP.—
   35         (a) The Law Enforcement Lethal Use of Force Commission is
   36  hereby created. The commission shall consist of 15 members, who
   37  shall serve 4-year terms, appointed by the executive director of
   38  the Department of Law Enforcement.
   39         (b) At least five members must not be current or former law
   40  enforcement officers or non-law enforcement officer employees of
   41  the Department of Legal Affairs, the Department of Law
   42  Enforcement, the Department of Corrections, or the offices of a
   43  county sheriff or municipal police agency.
   44         (c) No more than three members may be appointed from the
   45  same judicial circuit. Consideration should be given in
   46  appointment to geographic diversity.
   47         (d) Membership on the commission does not disqualify a
   48  member from holding any other public office or being employed by
   49  a public entity; however, a sitting judge or a member of the
   50  Legislature may not be appointed.
   51         (e) Members of the commission may receive per diem and
   52  travel expenses as provided in s. 112.061.
   53         (2) REPORTING REQUIREMENTS.—
   54         (a) The head of a law enforcement agency shall ensure that,
   55  if a law enforcement officer uses force that results in the
   56  death of another person, such incident shall be reported to the
   57  commission within 24 hours. Further, the head of the department
   58  or agency shall notify the commission within 7 days after the
   59  completion of an investigation into the use of force of the
   60  results of the investigation. As used in this paragraph, the
   61  term “law enforcement agency” means an agency or unit of
   62  government that has authority to employ or appoint law
   63  enforcement officers as defined in s. 943.10(1).
   64         (b) State attorneys and other prosecuting entities shall
   65  notify the commission within 2 days after beginning an inquiry
   66  into a law enforcement officer who used force that resulted in
   67  the death of another person. State attorneys and other
   68  prosecuting entities shall notify the commission within 2 days
   69  after a decision not to pursue charges against such an officer.
   70         (3) POWERS AND DUTIES.—
   71         (a) The commission may, at the conclusion of any internal
   72  investigation, and upon receiving information from a state
   73  attorney or other prosecuting entity that no charges will be
   74  pursued, review the incident to determine whether the use of
   75  force appears unlawful and whether the matter should be referred
   76  to the Attorney General for consideration of prosecution.
   77         (b) Such referrals to the Attorney General shall be made by
   78  a majority vote of the members of the commission.
   79         (c) The commission may subpoena documents, including
   80  confidential documents, and require testimony.
   81         (4) REFERRAL TO ATTORNEY GENERAL.—
   82         (a) The Attorney General, to the extent the Attorney
   83  General is not currently empowered by law to do so, may bring
   84  appropriate criminal charges against a law enforcement officer
   85  subsequent to a referral from the commission for a violation of
   86  law.
   87         (b) This subsection does not limit the independent powers
   88  and discretion of the Attorney General.
   89         (5) LIMITATIONS ON REFERRAL.—
   90         (a) This section does not authorize the referral of a
   91  person for prosecution or the bringing of charges against a
   92  person who has been acquitted at trial for criminal charges
   93  arising out of the same incident.
   94         (b) This section does not authorize an action inconsistent
   95  with the prohibitions against double jeopardy in the State
   96  Constitution or the Constitution of the United States.
   97         Section 2. This act shall take effect July 1, 2015.