Florida Senate - 2021                                    SB 1148
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00803-21                                           20211148__
    1                        A bill to be entitled                      
    2         An act relating to the excessive use of force by law
    3         enforcement officers; requiring a law enforcement
    4         officer to intervene when another officer is using or
    5         attempting to use excessive force under certain
    6         circumstances; providing criminal penalties; requiring
    7         a law enforcement officer to render aid to a victim of
    8         excessive force under certain circumstances; requiring
    9         a law enforcement officer to report the use of
   10         excessive force by another officer; providing
   11         penalties; requiring a law enforcement officer to
   12         report the commission of a criminal offense by another
   13         officer while on duty; providing criminal penalties;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Law enforcement officers; duties concerning
   19  excessive force and offenses by other officers.—
   20         (1)(a) A law enforcement officer who witnesses another law
   21  enforcement officer, in the performance of his or her official
   22  duties, using or attempting to use excessive force against
   23  another person shall intervene, when such intervention is
   24  objectively reasonable and possible, to end the use or attempted
   25  use of excessive force or to prevent the further use or
   26  attempted use of excessive force.
   27         (b) A law enforcement officer who knowingly fails to
   28  intervene in the use or attempted use of nondeadly excessive
   29  force commits a misdemeanor of the second degree, punishable as
   30  provided in s. 775.082 or s. 775.083, Florida Statutes.
   31         (c)1. Except as provided in subparagraph 2., a law
   32  enforcement officer who knowingly fails to intervene in the use
   33  or attempted use of deadly excessive force commits a felony of
   34  the third degree, punishable as provided in s. 775.082, s.
   35  775.083, or s. 775.084, Florida Statutes.
   36         2. A law enforcement officer who knowingly fails to
   37  intervene in the use or attempted use of deadly excessive force
   38  that leads to death or permanent and significant physical
   39  impairment of the victim commits a felony of the second degree,
   40  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   41  Florida Statutes.
   42         (2) A law enforcement officer who fails to render aid, as
   43  circumstances objectively permit, to any person injured as the
   44  result of a use of excessive force prohibited under subsection
   45  (1) or to report in the manner required by department policy
   46  such use of excessive force shall be subject to disciplinary
   47  action, including dismissal, demotion, suspension, or transfer.
   48         (3) A law enforcement officer who has actual knowledge of
   49  the commission of a criminal offense by another law enforcement
   50  officer while such officer was on duty and who fails to report
   51  such offense commits a misdemeanor of the second degree,
   52  punishable as provided in s. 775.082 or s. 775.083, Florida
   53  Statutes.
   54         Section 2. This act shall take effect October 1, 2021.