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.