Florida Senate - 2016 SB 1492 By Senator Bullard 39-01126-16 20161492__ 1 A bill to be entitled 2 An act relating to the Special Review Commission; 3 creating s. 943.69, F.S.; creating the commission; 4 providing for commission membership; specifying 5 membership requirements; providing term limits for 6 members; authorizing per diem for members; requiring 7 law enforcement agencies to report lethal use-of-force 8 incidents to the commission; providing a definition; 9 requiring state attorneys and other prosecuting 10 entities to notify the commission of inquiries into 11 use-of-force fatalities and determinations not to 12 pursue charges; requiring the commission to review 13 lethal use-of-force incidents; authorizing the 14 commission to refer such incidents to the Attorney 15 General for prosecution consideration; authorizing the 16 commission to subpoena documents and witnesses; 17 authorizing the Attorney General to bring criminal 18 charges; prohibiting commission actions that could 19 constitute double jeopardy; providing an effective 20 date. 21 22 WHEREAS, the Legislature finds that there exists a need to 23 ensure independent second-tier review of incidents in which 24 actions of law enforcement personnel result in a fatality in 25 order to continue strengthening the trust between law 26 enforcement agencies and the communities they protect, NOW, 27 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 Special Review Commission.— 34 (1) MEMBERSHIP.— 35 (a) The Special Review Commission is created. The 36 commission shall consist of 15 members, who shall serve 4-year 37 terms, appointed by the executive director of the Department of 38 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 agency 58 shall notify the commission within 7 days after the completion 59 of an investigation into the use of force and the results of the 60 investigation. As used in this paragraph, the term “law 61 enforcement agency” means an agency or unit of government that 62 has authority to employ or appoint law enforcement officers as 63 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 officer is 70 made. 71 (3) POWERS AND DUTIES.— 72 (a) The commission may, at the conclusion of an internal 73 investigation, if one is made, and upon receiving information 74 from a state attorney or other prosecuting entity that no 75 charges will be pursued, review the incident and determine 76 whether the matter should be referred to the Attorney General 77 for prosecution consideration if the use of force appears 78 unlawful. 79 (b) Such referrals to the Attorney General shall be made by 80 a majority vote of commission members. 81 (c) The commission may subpoena documents, including 82 confidential documents, and require testimony. 83 (4) ATTORNEY GENERAL.— 84 (a) The Attorney General, to the extent he or she is not 85 currently empowered by law to do so, may bring appropriate 86 criminal charges against a law enforcement officer subsequent to 87 a referral from the commission for a violation of law. 88 (b) This subsection does not limit the independent powers 89 and discretion of the Attorney General. 90 (5) LIMITATIONS ON REFERRAL.— 91 (a) This section does not authorize the referral of a 92 person for prosecution or the bringing of charges against a 93 person who has been acquitted at trial for criminal charges 94 arising out of the same incident. 95 (b) This section does not authorize an action inconsistent 96 with the prohibitions against double jeopardy in the State 97 Constitution or the United States Constitution. 98 Section 2. This act shall take effect July 1, 2016.