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.