Florida Senate - 2016                       CS for CS for SB 936
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Ring
       
       576-04511-16                                           2016936c2
    1                        A bill to be entitled                      
    2         An act relating to criminal justice system interviews
    3         of individuals with autism or an autism spectrum
    4         disorder; providing a short title; creating s.
    5         943.0439, F.S.; requiring a law enforcement officer,
    6         correctional officer, or another public safety
    7         official to make a good faith effort, upon the request
    8         of a parent, a guardian, or the individual, to ensure
    9         that specified professionals are present at all
   10         interviews of an individual diagnosed with autism or
   11         an autism spectrum disorder; providing specifications
   12         for the professional; specifying that the parent,
   13         guardian, or individual bears the expense of hiring
   14         the professional; requiring a convicted defendant to
   15         pay for the professional under certain circumstances;
   16         specifying that not having a professional present is
   17         not a basis for suppressing statements or for bringing
   18         a cause of action; providing applicability; requiring
   19         law enforcement agencies to develop and implement
   20         appropriate policies and provide training; providing
   21         an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as “The Wes Kleinert Fair
   26  Interview Act.”
   27         Section 2. Section 943.0439, Florida Statutes, is created
   28  to read:
   29         943.0439 Interviews of victims, suspects, or defendants
   30  with autism or an autism spectrum disorder.—A law enforcement
   31  officer, a correctional officer, or another public safety
   32  official shall, upon the request of an individual diagnosed with
   33  autism or an autism spectrum disorder or his or her parent or
   34  guardian, make a good faith effort to ensure that a
   35  psychiatrist, psychologist, mental health counselor, special
   36  education instructor, clinical social worker, or related
   37  professional is present at all interviews of the individual. The
   38  professional must have experience treating, teaching, or
   39  assisting patients or clients who have been diagnosed with
   40  autism or an autism spectrum disorder or related developmental
   41  disability or must be certified in special education with a
   42  concentration focused on persons with autism or an autism
   43  spectrum disorder. All expenses related to the attendance of the
   44  professional at interviews shall be borne by the requesting
   45  parent, guardian, or individual. If the individual is a victim,
   46  the defendant shall reimburse the victim for all expenses
   47  related to the attendance of the professional at the interview,
   48  in addition to other restitution or penalties provided by law,
   49  upon conviction of the offense of which the individual is a
   50  victim. Failure to have a professional as defined by this
   51  subsection present at the time of the interview is not a basis
   52  for suppression of the statement or the contents of the
   53  interview or for a cause of action against the law enforcement
   54  officer or agency. This subsection applies to such an individual
   55  who is the victim, a suspect, or a defendant formally accused of
   56  a crime.
   57         (2) Each law enforcement agency must ensure that
   58  appropriate policies are developed which implement this section
   59  and that training is provided to its law enforcement and
   60  correctional officers based on those policies.
   61         Section 3. This act shall take effect July 1, 2016.