Florida Senate - 2024                       CS for CS for SB 638
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       the Committee on Criminal Justice; and Senator Grall
       
       
       
       
       604-03137-24                                           2024638c2
    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, and
    8         authorizing the department to consult with other
    9         specified entities, to develop certain policies,
   10         procedures, and training necessary for the
   11         implementation of a statewide evidence-based lethality
   12         assessment; requiring such policies, procedures, and
   13         training to establish how to determine whether a
   14         victim and aggressor are intimate partners and
   15         establish a statewide process for referring a victim
   16         to a certified domestic violence center; requiring the
   17         department to adopt a statewide lethality assessment
   18         form by a specified date; requiring that training on
   19         administering lethality assessments be available to
   20         law enforcement officers in an online format;
   21         requiring the department to submit a specified report
   22         to the Legislature by a specified date; requiring
   23         certain law enforcement officers to be trained on the
   24         policies and procedures for administering a lethality
   25         assessment; prohibiting a law enforcement officer from
   26         administering a lethality assessment if he or she has
   27         not received specified training; requiring law
   28         enforcement officers administering a lethality
   29         assessment to ask a victim specified questions;
   30         requiring law enforcement officers to advise the
   31         victim of the results of the lethality assessment and
   32         refer the victim to certain domestic violence centers
   33         if certain conditions are met; requiring law
   34         enforcement officers to document in the written police
   35         report a victim’s refusal or inability to provide
   36         information necessary for the lethality assessment;
   37         prohibiting law enforcement officers from disclosing
   38         in certain statements and reports the domestic
   39         violence center to which the victim was referred;
   40         requiring that written police reports for domestic
   41         violence incidents include the results of the
   42         lethality assessment, if one was administered; making
   43         technical changes; reenacting s. 39.906, F.S.,
   44         relating to referral to domestic violence centers and
   45         notice of rights, to incorporate the amendment made to
   46         s. 741.29, F.S., in a reference thereto; providing an
   47         effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 741.29, Florida Statutes, is amended to
   52  read:
   53         741.29 Domestic violence; investigation of incidents;
   54  notice to victims of legal rights and remedies; reporting.—
   55         (1) Any law enforcement officer who investigates an alleged
   56  incident of domestic violence shall:
   57         (a) Assist the victim to obtain medical treatment if such
   58  is required as a result of the alleged incident to which the
   59  officer responds;. Any law enforcement officer who investigates
   60  an alleged incident of domestic violence shall
   61         (b) Advise the victim of such violence that there is a
   62  domestic violence center from which the victim may receive
   63  services;.
   64         (c)Administer a lethality assessment consistent with the
   65  requirements established in subsection (2) if the allegation of
   66  domestic violence is against an intimate partner, regardless of
   67  whether an arrest is made; and
   68         (d)The law enforcement officer shall Give the victim
   69  immediate notice of the legal rights and remedies available on a
   70  standard form developed and distributed by the department. As
   71  necessary, the department shall revise the Legal Rights and
   72  Remedies Notice to Victims to include a general summary of s.
   73  741.30 using simple English as well as Spanish, and shall
   74  distribute the notice as a model form to be used by all law
   75  enforcement agencies throughout this the state. The notice must
   76  shall include:
   77         1.(a) The resource listing, including telephone number, for
   78  the area domestic violence center designated by the Department
   79  of Children and Families; and
   80         2.(b) A copy of the following statement:
   81  
   82         IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may
   83         ask the state attorney to file a criminal complaint.
   84         You also have the right to go to court and file a
   85         petition requesting an injunction for protection from
   86         domestic violence which may include, but need not be
   87         limited to, provisions which restrain the abuser from
   88         further acts of abuse; direct the abuser to leave your
   89         household; prevent the abuser from entering your
   90         residence, school, business, or place of employment;
   91         award you custody of your minor child or children; and
   92         direct the abuser to pay support to you and the minor
   93         children if the abuser has a legal obligation to do
   94         so.
   95  
   96         (2)The department shall consult with the Department of
   97  Children and Families and at least one domestic violence
   98  advocacy organization and may consult with the Florida Sheriffs
   99  Association, the Florida Police Chiefs Association, and the
  100  Florida Partnership to End Domestic Violence to develop the
  101  policies, procedures, and training necessary for implementation
  102  of a statewide evidence-based lethality assessment. Such
  103  policies, procedures, and training must establish how to
  104  determine whether a victim and aggressor are intimate partners
  105  and establish a statewide process for referring a victim to a
  106  certified domestic violence center. By January 1, 2025, the
  107  department must adopt a statewide lethality assessment form that
  108  includes all the information in paragraph (c). Training on how
  109  to administer a lethality assessment and the approved lethality
  110  assessment form must be accessible to a law enforcement officer
  111  in an online format.
  112         (a)By January 1, 2025, and annually thereafter, the
  113  department shall submit a report to the President of the Senate
  114  and the Speaker of the House of Representatives which must
  115  include the current policies and procedures for administering a
  116  lethality assessment, any proposed statutory changes necessary
  117  for statewide implementation, and any proposed changes to the
  118  lethality assessment or the lethality assessment form to
  119  maintain compliance with evidence-based standards.
  120         (b)By October 1, 2026, all law enforcement officers who
  121  respond to or investigate crimes of domestic violence must be
  122  trained on the policies and procedures for administering a
  123  lethality assessment. A law enforcement officer may not
  124  administer a lethality assessment to a victim if the officer has
  125  not received training on administering a lethality assessment.
  126         (c)To administer a lethality assessment, a law enforcement
  127  officer shall ask the victim, in the same or similar wording and
  128  in the same order, all of the following questions:
  129         1.Did the aggressor ever use a weapon against you or
  130  threaten you with a weapon?
  131         2.Did the aggressor ever threaten to kill you or your
  132  children?
  133         3.Do you believe the aggressor will try to kill you?
  134         4.Has the aggressor ever choked you or attempted to choke
  135  you?
  136         5.Does the aggressor have a gun or could the aggressor
  137  easily obtain a gun?
  138         6.Is the aggressor violently or constantly jealous, or
  139  does the aggressor control most of your daily activities?
  140         7.Did you leave or separate from the aggressor after you
  141  were living together or married?
  142         8.Is the aggressor unemployed?
  143         9.To the best of your knowledge, has the aggressor ever
  144  attempted suicide?
  145         10.Do you have a child whom the aggressor believes is not
  146  the aggressor’s biological child?
  147         11.Has the aggressor ever followed, spied on, or left
  148  threatening messages for you?
  149         12.Is there anything else that worries you about your
  150  safety and, if so, what worries you?
  151         (d)A law enforcement officer shall advise a victim of the
  152  results of the assessment and refer the victim to the nearest
  153  locally certified domestic violence center if:
  154         1.The victim answers affirmatively to any of the questions
  155  provided in subparagraphs (c)1.-4.;
  156         2.The victim answers negatively to the questions provided
  157  in subparagraphs (c)1.-4., but affirmatively to at least four of
  158  the questions provided in subparagraphs (c)5.-11.; or
  159         3.As a result of the victim’s response to subparagraph
  160  (c)12., the law enforcement officer believes the victim is in a
  161  potentially lethal situation.
  162         (e)If a victim does not, or is unable to, provide
  163  information to a law enforcement officer sufficient to allow the
  164  law enforcement officer to administer a lethality assessment,
  165  the law enforcement officer must document the lack of a
  166  lethality assessment in the written police report required in
  167  subsection (3) and refer the victim to the nearest locally
  168  certified domestic violence center.
  169         (f)A law enforcement officer may not include in a probable
  170  cause statement, written police report, or incident report the
  171  domestic violence center to which a victim was referred.
  172         (3)(2) When a law enforcement officer investigates an
  173  allegation that an incident of domestic violence has occurred,
  174  the officer shall handle the incident pursuant to the arrest
  175  policy provided in s. 901.15(7), and as developed in accordance
  176  with subsections (4), (5), and (6) (3), (4), and (5). Regardless
  177  of whether or not an arrest is made, the officer shall make a
  178  written police report that is complete and clearly indicates the
  179  alleged offense was an incident of domestic violence. Such
  180  report must shall be given to the officer’s supervisor and filed
  181  with the law enforcement agency in a manner that will permit
  182  data on domestic violence cases to be compiled. Such report must
  183  include all of the following:
  184         (a) A description of physical injuries observed, if any.
  185         (b) If a law enforcement officer decides not to make an
  186  arrest or decides to arrest two or more parties, the officer
  187  shall include in the report the grounds for not arresting anyone
  188  or for arresting two or more parties.
  189         (c) A statement which indicates that a copy of the legal
  190  rights and remedies notice was given to the victim.
  191         (d)A notation of the score of a lethality assessment, if
  192  one was administered pursuant to paragraph (1)(c).
  193  
  194  Whenever possible, the law enforcement officer shall obtain a
  195  written statement from the victim and witnesses concerning the
  196  alleged domestic violence. The officer shall submit the report
  197  to the supervisor or other person to whom the employer’s rules
  198  or policies require reports of similar allegations of criminal
  199  activity to be made. The law enforcement agency shall, without
  200  charge, send a copy of the initial police report, as well as any
  201  subsequent, supplemental, or related report, which excludes
  202  victim/witness statements or other materials that are part of an
  203  active criminal investigation and are exempt from disclosure
  204  under chapter 119, to the nearest locally certified domestic
  205  violence center within 24 hours after the agency’s receipt of
  206  the report. The report furnished to the domestic violence center
  207  must include a narrative description of the domestic violence
  208  incident.
  209         (4)(3) Whenever a law enforcement officer determines upon
  210  probable cause that an act of domestic violence has been
  211  committed within the jurisdiction the officer may arrest the
  212  person or persons suspected of its commission and charge such
  213  person or persons with the appropriate crime. The decision to
  214  arrest and charge shall not require consent of the victim or
  215  consideration of the relationship of the parties.
  216         (5)(a)(4)(a) When complaints are received from two or more
  217  parties, the officers shall evaluate each complaint separately
  218  to determine whether there is probable cause for arrest.
  219         (b) If a law enforcement officer has probable cause to
  220  believe that two or more persons have committed a misdemeanor or
  221  felony, or if two or more persons make complaints to the
  222  officer, the officer must shall try to determine who was the
  223  primary aggressor. Arrest is the preferred response only with
  224  respect to the primary aggressor and not the preferred response
  225  with respect to a person who acts in a reasonable manner to
  226  protect or defend oneself or another family or household member
  227  from domestic violence.
  228         (6)(5)A No law enforcement officer may not shall be held
  229  liable, in any civil action, for an arrest based on probable
  230  cause, enforcement in good faith of a court order, or service of
  231  process in good faith under this chapter arising from an alleged
  232  incident of domestic violence brought by any party to the
  233  incident.
  234         (7)(6) A person who willfully violates a condition of
  235  pretrial release provided in s. 903.047, when the original
  236  arrest was for an act of domestic violence as defined in s.
  237  741.28, commits a misdemeanor of the first degree, punishable as
  238  provided in s. 775.082 or s. 775.083, and shall be held in
  239  custody until his or her first appearance.
  240         Section 2. For the purpose of incorporating the amendment
  241  made by this act to section 741.29, Florida Statutes, in a
  242  reference thereto, section 39.906, Florida Statutes, is
  243  reenacted to read:
  244         39.906 Referral to centers and notice of rights.—Any law
  245  enforcement officer who investigates an alleged incident of
  246  domestic violence shall advise the victim of such violence that
  247  there is a domestic violence center from which the victim may
  248  receive services. The law enforcement officer shall give the
  249  victim immediate notice of the legal rights and remedies
  250  available in accordance with the provisions of s. 741.29.
  251         Section 3. This act shall take effect July 1, 2024.