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.