Florida Senate - 2021 SB 438 By Senator Bracy 11-00039-21 2021438__ 1 A bill to be entitled 2 An act relating to investigations of officer-involved 3 deaths; creating s. 943.6872, F.S.; defining terms; 4 requiring that each law enforcement agency have a 5 written policy regarding the investigation of officer 6 involved deaths; providing requirements for such 7 policies; authorizing internal investigations under 8 certain circumstances; authorizing compensation for 9 certain investigations to be determined in a manner 10 consistent with mutual aid agreements; requiring 11 certain investigators to provide a complete report to 12 the appropriate state attorney; requiring such 13 investigators to publicly release the completed 14 report, redacted as required by law, if the state 15 attorney determines that there is no basis to 16 prosecute the law enforcement officer involved; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 943.6872, Florida Statutes, is created 22 to read: 23 943.6872 Investigations of officer-involved deaths.— 24 (1) As used in this section, the term: 25 (a) “Law enforcement agency” means an agency that has as 26 its primary mission the prevention and detection of crime and 27 the enforcement of the penal, criminal, traffic, and motor 28 vehicle laws of this state and, in furtherance of that primary 29 mission, employs law enforcement officers. 30 (b) “Law enforcement officer” has the same meaning as in s. 31 943.10. 32 (c) “Officer-involved death” means the death of an 33 individual which results directly from an action or an omission 34 by a law enforcement officer while the law enforcement officer 35 is on duty or while he or she is off duty but performing 36 activities that are within the scope of his or her law 37 enforcement duties. 38 (2) Each law enforcement agency in this state shall have a 39 written policy regarding the investigation of officer-involved 40 deaths that involve a law enforcement officer employed by that 41 law enforcement agency. Each policy adopted under this 42 subsection: 43 (a) Must require that any such investigation be conducted 44 by at least two investigators, one of whom must be designated 45 the lead investigator. An investigator may not be employed by 46 the law enforcement agency that employs a law enforcement 47 officer involved in the officer-involved death. 48 (b) Must require that, if the officer-involved death being 49 investigated is traffic-related, the investigators use a crash 50 reconstruction unit from a law enforcement agency that does not 51 employ a law enforcement officer involved in the officer 52 involved death; however, the policy may provide that, if the law 53 enforcement agency is a state law enforcement agency, the state 54 law enforcement agency may use a crash reconstruction unit from 55 the same state law enforcement agency. 56 (c) May allow an internal investigation of the officer 57 involved death if the internal investigation does not interfere 58 with the investigation conducted under paragraph (a). 59 (3) Compensation for investigations conducted under 60 paragraph (2)(a) or paragraph (2)(b) may be determined in a 61 manner consistent with mutual aid agreements. 62 (4)(a) The investigators who conduct an investigation under 63 paragraph (2)(a) or paragraph (2)(b) shall provide, in an 64 expeditious manner, a complete report to the state attorney of 65 the judicial circuit in which the officer-involved death 66 occurred. 67 (b) If the state attorney determines that there is no basis 68 for prosecuting the law enforcement officer involved in the 69 officer-involved death, the investigators who provided the 70 report to the state attorney must publicly release the completed 71 report, after redacting any information as required by law. 72 Section 2. This act shall take effect July 1, 2021.