Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 638
       
       
       
       
       
       
                                Ì2714460Î271446                         
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2024           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 162
    4  and insert:
    5  advocacy organization and may consult with the Florida Sheriffs
    6  Association, the Florida Police Chiefs Association, and the
    7  Florida Partnership to End Domestic Violence to develop the
    8  policies, procedures, and training necessary for implementation
    9  of a statewide evidence-based lethality assessment. Such
   10  policies, procedures, and training must establish how to
   11  determine whether a victim and aggressor are intimate partners
   12  and establish a statewide process for referring a victim to a
   13  certified domestic violence center. By January 1, 2025, the
   14  department must adopt a statewide lethality assessment form that
   15  includes all the information in paragraph (c). Training on how
   16  to administer a lethality assessment and the approved lethality
   17  assessment form must be accessible to a law enforcement officer
   18  in an online format.
   19         (a)By January 1, 2025, and annually thereafter, the
   20  department shall submit a report to the President of the Senate
   21  and the Speaker of the House of Representatives which must
   22  include the current policies and procedures for administering a
   23  lethality assessment, any proposed statutory changes necessary
   24  for statewide implementation, and any proposed changes to the
   25  lethality assessment or the lethality assessment form to
   26  maintain compliance with evidence-based standards.
   27         (b)By October 1, 2026, all law enforcement officers who
   28  respond to or investigate crimes of domestic violence must be
   29  trained on the policies and procedures for administering a
   30  lethality assessment. A law enforcement officer may not
   31  administer a lethality assessment to a victim if the officer has
   32  not received training on administering a lethality assessment.
   33         (c)To administer a lethality assessment, a law enforcement
   34  officer shall ask the victim, in the same or similar wording and
   35  in the same order, all of the following questions:
   36         1.Did the aggressor ever use a weapon against you or
   37  threaten you with a weapon?
   38         2.Did the aggressor ever threaten to kill you or your
   39  children?
   40         3.Do you believe the aggressor will try to kill you?
   41         4.Has the aggressor ever choked you or attempted to choke
   42  you?
   43         5.Does the aggressor have a gun or could the aggressor
   44  easily obtain a gun?
   45         6.Is the aggressor violently or constantly jealous, or
   46  does the aggressor control most of your daily activities?
   47         7.Did you leave or separate from the aggressor after you
   48  were living together or married?
   49         8.Is the aggressor unemployed?
   50         9.To the best of your knowledge, has the aggressor ever
   51  attempted suicide?
   52         10.Do you have a child whom the aggressor believes is not
   53  the aggressor’s biological child?
   54         11.Has the aggressor ever followed, spied on, or left
   55  threatening messages for you?
   56         12.Is there anything else that worries you about your
   57  safety and, if so, what worries you?
   58         (d)A law enforcement officer shall advise a victim of the
   59  results of the assessment and refer the victim to the nearest
   60  locally certified domestic violence center if:
   61         1.The victim answers affirmatively to any of the questions
   62  provided in subparagraphs (c)1.-4.;
   63         2.The victim answers negatively to the questions provided
   64  in subparagraphs (c)1.-4., but affirmatively to at least four of
   65  the questions provided in subparagraphs (c)5.-11.; or
   66         3.As a result of the victim’s response to subparagraph
   67  (c)12., the law enforcement officer believes the victim is in a
   68  potentially lethal situation.
   69         (e)If a victim does not, or is unable to, provide
   70  information to a law enforcement officer sufficient to allow the
   71  law enforcement officer to administer a lethality assessment,
   72  the law enforcement officer must document the lack of a
   73  lethality assessment in the written police report required in
   74  subsection (3) and refer the victim to the nearest locally
   75  certified domestic violence center.
   76         (f)A law enforcement officer may not include in a probable
   77  cause statement, written police report, or incident report the
   78  domestic violence center to which a victim was referred.
   79         (3)(2) When a law enforcement officer investigates an
   80  allegation that an incident of domestic violence has occurred,
   81  the officer shall handle the incident pursuant to the arrest
   82  policy provided in s. 901.15(7), and as developed in accordance
   83  with subsections (4), (5), and (6) (3), (4), and (5). Regardless
   84  of whether or not an arrest is made, the officer shall make a
   85  written police report that is complete and clearly indicates the
   86  alleged offense was an incident of domestic violence. Such
   87  report must shall be given to the officer’s supervisor and filed
   88  with the law enforcement agency in a manner that will permit
   89  data on domestic violence cases to be compiled. Such report must
   90  include all of the following:
   91         (a) A description of physical injuries observed, if any.
   92         (b) If a law enforcement officer decides not to make an
   93  arrest or decides to arrest two or more parties, the officer
   94  shall include in the report the grounds for not arresting anyone
   95  or for arresting two or more parties.
   96         (c) A statement which indicates that a copy of the legal
   97  rights and remedies notice was given to the victim.
   98         (d)A notation of the score of a lethality assessment, if
   99  one was
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete lines 7 - 18
  104  and insert:
  105         Enforcement to consult with specified entities, and
  106         authorizing the department to consult with other
  107         specified entities, to develop certain policies,
  108         procedures, and training necessary for the
  109         implementation of a statewide evidence-based lethality
  110         assessment; requiring policies, procedures, and
  111         training to establish how to determine whether a
  112         victim and aggressor are intimate partners and
  113         establish a statewide process for referring a victim
  114         to a certified domestic violence center; requiring the
  115         department to adopt a statewide lethality assessment
  116         form by a specified date; requiring that training on
  117         administering lethality assessments be available to
  118         law enforcement officers in an online format;
  119         requiring the department to submit a specified report
  120         to the Legislature by a specified date; requiring
  121         certain law enforcement officers to be trained on the
  122         policies and procedures for administering a lethality
  123         assessment; prohibiting a law enforcement officer from
  124         administering a lethality assessment if he or she has
  125         not received specified training; requiring law
  126         enforcement officers administering a lethality
  127         assessment to ask a victim specified questions;
  128         requiring