Florida Senate - 2024                                     SB 638
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00672-24                                            2024638__
    1                        A bill to be entitled                      
    2         An act relating to lethality assessments; amending s.
    3         741.29, F.S.; requiring law enforcement officers who
    4         investigate an alleged incident of domestic violence
    5         to administer a lethality assessment under certain
    6         circumstances; requiring the Department of Law
    7         Enforcement to consult with specified entities to
    8         develop and implement a statewide lethality
    9         assessment; requiring that training on administering
   10         lethality assessments be available to law enforcement
   11         officers in an online format; requiring law
   12         enforcement officers administering a lethality
   13         assessment to ask a victim specified questions;
   14         requiring certain law enforcement officers to be
   15         trained in administering lethality assessments by a
   16         specified date; prohibiting law enforcement officers
   17         from administering a lethality assessment if they have
   18         not completed lethality assessment training; requiring
   19         law enforcement officers to advise the victim of the
   20         results of the lethality assessment and refer the
   21         victim to certain domestic violence centers; requiring
   22         law enforcement officers to document in the written
   23         police report a victim’s refusal or inability to
   24         provide information necessary for the lethality
   25         assessment; prohibiting law enforcement officers from
   26         disclosing in certain statements and reports the
   27         domestic violence center to which the victim was
   28         referred; requiring that written police reports for
   29         domestic violence incidents include the results of the
   30         lethality assessment, if one was administered; making
   31         technical changes; reenacting s. 39.906, F.S.,
   32         relating to referral to domestic violence centers and
   33         notice of rights, to incorporate the amendment made to
   34         s. 741.29, F.S., in a reference thereto; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 741.29, Florida Statutes, is amended to
   40  read:
   41         741.29 Domestic violence; investigation of incidents;
   42  notice to victims of legal rights and remedies; reporting.—
   43         (1) Any law enforcement officer who investigates an alleged
   44  incident of domestic violence shall:
   45         (a) Assist the victim to obtain medical treatment if such
   46  is required as a result of the alleged incident to which the
   47  officer responds;. Any law enforcement officer who investigates
   48  an alleged incident of domestic violence shall
   49         (b) Advise the victim of such violence that there is a
   50  domestic violence center from which the victim may receive
   51  services;.
   52         (c)Administer a lethality assessment consistent with the
   53  requirements established in subsection (2) if the allegation of
   54  domestic violence is against an intimate partner, regardless of
   55  whether an arrest is made; and
   56         (d)The law enforcement officer shall Give the victim
   57  immediate notice of the legal rights and remedies available on a
   58  standard form developed and distributed by the department. As
   59  necessary, the department shall revise the Legal Rights and
   60  Remedies Notice to Victims to include a general summary of s.
   61  741.30 using simple English as well as Spanish, and shall
   62  distribute the notice as a model form to be used by all law
   63  enforcement agencies throughout this the state. The notice must
   64  shall include:
   65         1.(a) The resource listing, including telephone number, for
   66  the area domestic violence center designated by the Department
   67  of Children and Families; and
   68         2.(b) A copy of the following statement:
   69  
   70         IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may
   71         ask the state attorney to file a criminal complaint.
   72         You also have the right to go to court and file a
   73         petition requesting an injunction for protection from
   74         domestic violence which may include, but need not be
   75         limited to, provisions which restrain the abuser from
   76         further acts of abuse; direct the abuser to leave your
   77         household; prevent the abuser from entering your
   78         residence, school, business, or place of employment;
   79         award you custody of your minor child or children; and
   80         direct the abuser to pay support to you and the minor
   81         children if the abuser has a legal obligation to do
   82         so.
   83  
   84         (2)The department shall consult with the Department of
   85  Children and Families and at least one domestic violence
   86  advocacy organization to develop the policies, procedures, and
   87  training necessary for implementation of a statewide evidence
   88  based lethality assessment. Training on how to administer a
   89  lethality assessment must be accessible to a law enforcement
   90  officer in an online format.
   91         (a)To administer a lethality assessment, a law enforcement
   92  officer shall ask the victim, in the same or similar wording and
   93  in the same order, all of the following questions:
   94         1.Did the aggressor ever use a weapon against you or
   95  threaten you with a weapon?
   96         2.Did the aggressor ever threaten to kill you or your
   97  children?
   98         3.Do you believe the aggressor will try to kill you?
   99         4.Has the aggressor ever choked you or attempted to choke
  100  you?
  101         5.Does the aggressor have a gun or could the aggressor
  102  easily obtain a gun?
  103         6.Is the aggressor violently or constantly jealous?
  104         7.Does the aggressor control most of your daily
  105  activities?
  106         8.Does the aggressor reside in the same household with
  107  you?
  108         9.Is the aggressor employed?
  109         10.To the best of your knowledge, has the aggressor ever
  110  attempted suicide?
  111         11.Do you have a child whom the aggressor believes is not
  112  the aggressor’s biological child?
  113         12.Has the aggressor ever followed, spied on, or left
  114  threatening messages for you?
  115         (b)By July 1, 2025, all law enforcement officers who
  116  respond to or investigate crimes of domestic violence must be
  117  trained on the policies and procedures for administering a
  118  lethality assessment. A law enforcement officer may not
  119  administer a lethality assessment to a victim if the officer has
  120  not received training on administering a lethality assessment. A
  121  law enforcement officer shall advise the victim of the results
  122  of the assessment and refer the victim to the nearest locally
  123  certified domestic violence center.
  124         (c)If a victim does not, or is unable to, provide
  125  information to a law enforcement officer sufficient to allow the
  126  law enforcement officer to administer a lethality assessment,
  127  the law enforcement officer must document the lack of a
  128  lethality assessment in the written police report required in
  129  subsection (3) and refer the victim to the nearest locally
  130  certified domestic violence center.
  131         (d)A law enforcement officer may not include in a probable
  132  cause statement, written police report, or incident report the
  133  domestic violence center to which a victim was referred.
  134         (3)(2) When a law enforcement officer investigates an
  135  allegation that an incident of domestic violence has occurred,
  136  the officer shall handle the incident pursuant to the arrest
  137  policy provided in s. 901.15(7), and as developed in accordance
  138  with subsections (4) (3), (5) (4), and (6) (5). Regardless of
  139  whether or not an arrest is made, the officer shall make a
  140  written police report that is complete and clearly indicates the
  141  alleged offense was an incident of domestic violence. Such
  142  report must shall be given to the officer’s supervisor and filed
  143  with the law enforcement agency in a manner that will permit
  144  data on domestic violence cases to be compiled. Such report must
  145  include all of the following:
  146         (a) A description of physical injuries observed, if any.
  147         (b) If a law enforcement officer decides not to make an
  148  arrest or decides to arrest two or more parties, the officer
  149  shall include in the report the grounds for not arresting anyone
  150  or for arresting two or more parties.
  151         (c) A statement which indicates that a copy of the legal
  152  rights and remedies notice was given to the victim.
  153         (d)The results of a lethality assessment, if one was
  154  administered pursuant to paragraph (1)(c).
  155  
  156  Whenever possible, the law enforcement officer shall obtain a
  157  written statement from the victim and witnesses concerning the
  158  alleged domestic violence. The officer shall submit the report
  159  to the supervisor or other person to whom the employer’s rules
  160  or policies require reports of similar allegations of criminal
  161  activity to be made. The law enforcement agency shall, without
  162  charge, send a copy of the initial police report, as well as any
  163  subsequent, supplemental, or related report, which excludes
  164  victim/witness statements or other materials that are part of an
  165  active criminal investigation and are exempt from disclosure
  166  under chapter 119, to the nearest locally certified domestic
  167  violence center within 24 hours after the agency’s receipt of
  168  the report. The report furnished to the domestic violence center
  169  must include a narrative description of the domestic violence
  170  incident.
  171         (4)(3) Whenever a law enforcement officer determines upon
  172  probable cause that an act of domestic violence has been
  173  committed within the jurisdiction the officer may arrest the
  174  person or persons suspected of its commission and charge such
  175  person or persons with the appropriate crime. The decision to
  176  arrest and charge shall not require consent of the victim or
  177  consideration of the relationship of the parties.
  178         (5)(a)(4)(a) When complaints are received from two or more
  179  parties, the officers shall evaluate each complaint separately
  180  to determine whether there is probable cause for arrest.
  181         (b) If a law enforcement officer has probable cause to
  182  believe that two or more persons have committed a misdemeanor or
  183  felony, or if two or more persons make complaints to the
  184  officer, the officer must shall try to determine who was the
  185  primary aggressor. Arrest is the preferred response only with
  186  respect to the primary aggressor and not the preferred response
  187  with respect to a person who acts in a reasonable manner to
  188  protect or defend oneself or another family or household member
  189  from domestic violence.
  190         (6)(5)A No law enforcement officer may not shall be held
  191  liable, in any civil action, for an arrest based on probable
  192  cause, enforcement in good faith of a court order, or service of
  193  process in good faith under this chapter arising from an alleged
  194  incident of domestic violence brought by any party to the
  195  incident.
  196         (7)(6) A person who willfully violates a condition of
  197  pretrial release provided in s. 903.047, when the original
  198  arrest was for an act of domestic violence as defined in s.
  199  741.28, commits a misdemeanor of the first degree, punishable as
  200  provided in s. 775.082 or s. 775.083, and shall be held in
  201  custody until his or her first appearance.
  202         Section 2. For the purpose of incorporating the amendment
  203  made by this act to section 741.29, Florida Statutes, in a
  204  reference thereto, section 39.906, Florida Statutes, is
  205  reenacted to read:
  206         39.906 Referral to centers and notice of rights.—Any law
  207  enforcement officer who investigates an alleged incident of
  208  domestic violence shall advise the victim of such violence that
  209  there is a domestic violence center from which the victim may
  210  receive services. The law enforcement officer shall give the
  211  victim immediate notice of the legal rights and remedies
  212  available in accordance with the provisions of s. 741.29.
  213         Section 3. This act shall take effect July 1, 2024.