Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 618 Ì653756GÎ653756 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/20/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Yarborough) recommended the following: 1 Senate Amendment to Amendment (186046) (with title 2 amendment) 3 4 Delete lines 53 - 120 5 and insert: 6 (1)(a) A prosecuting agency is not required to maintain a 7 Brady identification system. A prosecuting agency may determine 8 that its obligations under the Brady decision are better 9 discharged through such procedures as that agency chooses to 10 use. 11 (b) A law enforcement officer or correctional officer’s 12 employing agency shall forward all sustained and finalized 13 internal affairs complaints, relevant to s. 90.608, s. 90.609, 14 or s. 90.610, to the prosecuting agency in the circuit in which 15 the law enforcement agency is located to assist the prosecuting 16 agency in compliance with its obligations under the Brady v. 17 Maryland, 373 U.S. 83 (1963) decision. The employing agency must 18 notify the law enforcement officer or correctional officer of 19 any sustained and finalized internal affairs investigations they 20 send to the prosecuting agency as required by this section. If 21 the law enforcement officer or correctional officer is no longer 22 employed, the agency must mail notification to the officer's 23 last known address on file at the agency. 24 (2) A prosecuting agency that maintains a Brady 25 identification system shall adopt written policies that, at a 26 minimum, require all of the following: 27 (a) The right of a law enforcement officer or a 28 correctional officer to receive written notice through United 29 States mail or e-mail to the current or last known employing 30 agency of the officer, before or contemporaneously with a 31 prosecuting agency including the name and information of the 32 officer in a Brady identification system, unless a pending case 33 requires immediate disclosure or providing notice would 34 jeopardize a pending investigation. 35 (b) The right of a law enforcement officer or correctional 36 officer to receive written notice before a prosecuting agency 37 includes the name and information of the officer in a Brady 38 identification system. 39 (c) The right of a law enforcement officer or correctional 40 officer to request reconsideration of the prosecuting agency’s 41 decision to include the name and information of the officer in a 42 Brady identification system and his or her right to submit 43 documents and evidence in support of the request for 44 reconsideration. 45 (3) If, after the policy provided in subsection (2) is 46 followed, it is determined that the law enforcement officer or 47 correctional officer in question should not be included in a 48 Brady identification system, the prosecuting agency must send 49 notice to the law enforcement officer or correctional officer 50 and his or her employing agency that he or she has been removed 51 from the Brady identification system. 52 (4) If, after the policy provided in subsection (2) is 53 followed, it is determined that the law enforcement officer or 54 correctional officer in question should not be included in a 55 Brady identification system, but his or her name was disclosed 56 in a pending case, the prosecuting agency must take the 57 necessary steps to notify the parties involved in the pending 58 case of the law enforcement officer’s or correctional officer’s 59 removal from the Brady identification system. 60 (5) If a prosecuting agency fails to comply with this 61 section, a law enforcement officer or a correctional officer may 62 petition the court for a writ of mandamus to compel the 63 prosecuting agency to act in accordance with this section. The 64 scope of such a hearing may not include a judicial review of the 65 evidence or merits of an officer’s inclusion in a Brady 66 identification system, but instead must be limited to whether 67 the prosecuting agency acted in accordance with the procedural 68 requirements of this section. This section does not preclude the 69 law enforcement officer or correctional officer from pursuing 70 whatever administrative or judicial remedies are otherwise 71 available to him or her in relation to any other action or 72 remedy outside of this section. 73 (6) This section does not: 74 (a) Require a prosecuting agency to give notice to or 75 provide an opportunity for review and input from the law 76 enforcement officer or correctional officer if the information 77 in a Brady identification system is the following: 78 1. A criminal conviction relevant to s. 90.610; or 79 2. A sustained and finalized internal affairs complaint 80 relevant to s. 90.608, s. 90.609, or s. 90.610. 81 (b) Limit the duty of a prosecuting agency to produce Brady 82 evidence in all cases as required by the United States 83 Constitution, the State Constitution, and the Florida Rules of 84 Criminal Procedure and relevant case law; 85 (c) Limit or restrict a prosecuting agency’s ability to 86 remove the name and information of a law enforcement officer or 87 correctional officer from a Brady identification system if, at 88 any time, the prosecuting agency determines that the name and 89 information of the officer are no longer proper for 90 identification; or 91 (d) Create a private cause of action against a prosecuting 92 agency or any employee of a prosecuting agency, other than the 93 writ described in subsection (5). 94 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete line 143 98 and insert: 99 Brady decision; imposing requirements on the current 100 or former employing agency of the law enforcement 101 officer or correctional officer; requiring a 102 prosecuting agency that