Florida Senate - 2024                CS for CS for CS for SB 638
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Criminal and Civil Justice; the Committee on Criminal
       Justice; and Senator Grall
       
       
       
       594-03637-24                                           2024638c3
    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 upon certain circumstances;
   23         requiring the Criminal Justice Standards and Training
   24         Commission to require by rule that law enforcement
   25         officers receive instruction on the policies and
   26         procedures for administering a lethality assessment as
   27         part of basic recruit training or required instruction
   28         for continued employment; prohibiting a law
   29         enforcement officer from administering a lethality
   30         assessment if he or she has not received specified
   31         training; requiring that basic recruit training
   32         programs and continuing training or education
   33         requirements incorporate such training, and that all
   34         law enforcement officers successfully complete such
   35         training, by a specified date; requiring law
   36         enforcement agencies to place officers’ certification
   37         on inactive status if they fail to timely complete the
   38         required training; providing that such officers’
   39         certification remains inactive until they complete the
   40         training and their employing agency notifies the
   41         commission of such completion; requiring law
   42         enforcement officers administering a lethality
   43         assessment to ask a victim specified questions;
   44         requiring law enforcement officers to advise the
   45         victim of the results of the lethality assessment and
   46         refer the victim to certain domestic violence centers
   47         if certain conditions are met; requiring law
   48         enforcement officers to document in the written police
   49         report a victim’s refusal or inability to provide
   50         information necessary for the lethality assessment;
   51         prohibiting law enforcement officers from disclosing
   52         in certain statements and reports the domestic
   53         violence center to which the victim was referred;
   54         requiring that written police reports for domestic
   55         violence incidents include the results of the
   56         lethality assessment, if one was administered; making
   57         technical changes; reenacting s. 39.906, F.S.,
   58         relating to referral to domestic violence centers and
   59         notice of rights, to incorporate the amendment made to
   60         s. 741.29, F.S., in a reference thereto; providing an
   61         effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 741.29, Florida Statutes, is amended to
   66  read:
   67         741.29 Domestic violence; investigation of incidents;
   68  notice to victims of legal rights and remedies; reporting.—
   69         (1) Any law enforcement officer who investigates an alleged
   70  incident of domestic violence shall:
   71         (a) Assist the victim to obtain medical treatment if such
   72  is required as a result of the alleged incident to which the
   73  officer responds;. Any law enforcement officer who investigates
   74  an alleged incident of domestic violence shall
   75         (b) Advise the victim of such violence that there is a
   76  domestic violence center from which the victim may receive
   77  services;.
   78         (c)Administer a lethality assessment consistent with the
   79  requirements established in subsection (2) if the allegation of
   80  domestic violence is against an intimate partner, regardless of
   81  whether an arrest is made; and
   82         (d)The law enforcement officer shall Give the victim
   83  immediate notice of the legal rights and remedies available on a
   84  standard form developed and distributed by the department. As
   85  necessary, the department shall revise the Legal Rights and
   86  Remedies Notice to Victims to include a general summary of s.
   87  741.30 using simple English as well as Spanish, and shall
   88  distribute the notice as a model form to be used by all law
   89  enforcement agencies throughout this the state. The notice must
   90  shall include:
   91         1.(a) The resource listing, including telephone number, for
   92  the area domestic violence center designated by the Department
   93  of Children and Families; and
   94         2.(b) A copy of the following statement:
   95  
   96         IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may
   97         ask the state attorney to file a criminal complaint.
   98         You also have the right to go to court and file a
   99         petition requesting an injunction for protection from
  100         domestic violence which may include, but need not be
  101         limited to, provisions which restrain the abuser from
  102         further acts of abuse; direct the abuser to leave your
  103         household; prevent the abuser from entering your
  104         residence, school, business, or place of employment;
  105         award you custody of your minor child or children; and
  106         direct the abuser to pay support to you and the minor
  107         children if the abuser has a legal obligation to do
  108         so.
  109  
  110         (2)The department shall consult with the Department of
  111  Children and Families and at least one domestic violence
  112  advocacy organization and may consult with the Florida Sheriffs
  113  Association, the Florida Police Chiefs Association, and the
  114  Florida Partnership to End Domestic Violence to develop the
  115  policies, procedures, and training necessary for implementation
  116  of a statewide evidence-based lethality assessment. Such
  117  policies, procedures, and training must establish how to
  118  determine whether a victim and aggressor are intimate partners
  119  and establish a statewide process for referring a victim to a
  120  certified domestic violence center. By January 1, 2025, the
  121  department must adopt a statewide lethality assessment form that
  122  includes all the information in paragraph (c). Training on how
  123  to administer a lethality assessment and the approved lethality
  124  assessment form must be accessible to a law enforcement officer
  125  in an online format.
  126         (a)The department must monitor evidence-based standards
  127  relating to administering a lethality assessment or the
  128  lethality assessment form. If the department identifies changes
  129  in such evidence-based standards, the department shall submit a
  130  report to the President of the Senate and the Speaker of the
  131  House of Representatives which must include the current policies
  132  and procedures for administering a lethality assessment, any
  133  proposed statutory changes necessary for statewide
  134  implementation, and any proposed changes to the lethality
  135  assessment or the lethality assessment form to maintain
  136  compliance with evidence-based standards.
  137         (b)The Criminal Justice Standards and Training Commission
  138  shall require by rule that all law enforcement officers receive
  139  instruction on the policies and procedures for administering a
  140  lethality assessment as part of basic recruit training or as
  141  part of the required instruction for continued employment. A law
  142  enforcement officer may not administer a lethality assessment to
  143  a victim if the officer has not received training on
  144  administering a lethality assessment. All of the following
  145  requirements for training on administering a lethality
  146  assessment must be met by October 1, 2026:
  147         1.Commission-approved basic recruit training programs
  148  required by s. 943.13(9) and continuing training or education
  149  required by s. 943.135 must incorporate the training required by
  150  this subsection.
  151         2.All law enforcement officers must successfully complete
  152  the training required by this subsection, including officers who
  153  received an exemption from completing the commission-approved
  154  basic recruit training program under s. 943.131, as part of
  155  their basic recruit training or the continued training or
  156  education required under s. 943.135(1), as applicable. An
  157  officer’s employing agency must place the officer’s
  158  certification on inactive status if the officer fails to
  159  complete the training required under this subsection. The
  160  officer’s certification will remain inactive until the officer
  161  completes the training and the officer’s employing agency
  162  notifies the commission that he or she has completed the
  163  training.
  164         (c)To administer a lethality assessment, a law enforcement
  165  officer shall ask the victim, in the same or similar wording and
  166  in the same order, all of the following questions:
  167         1.Did the aggressor ever use a weapon against you or
  168  threaten you with a weapon?
  169         2.Did the aggressor ever threaten to kill you or your
  170  children?
  171         3.Do you believe the aggressor will try to kill you?
  172         4.Has the aggressor ever choked you or attempted to choke
  173  you?
  174         5.Does the aggressor have a gun or could the aggressor
  175  easily obtain a gun?
  176         6.Is the aggressor violently or constantly jealous, or
  177  does the aggressor control most of your daily activities?
  178         7.Did you leave or separate from the aggressor after you
  179  were living together or married?
  180         8.Is the aggressor unemployed?
  181         9.To the best of your knowledge, has the aggressor ever
  182  attempted suicide?
  183         10.Do you have a child whom the aggressor believes is not
  184  the aggressor’s biological child?
  185         11.Has the aggressor ever followed, spied on, or left
  186  threatening messages for you?
  187         12.Is there anything else that worries you about your
  188  safety and, if so, what worries you?
  189         (d)A law enforcement officer shall advise a victim of the
  190  results of the assessment and refer the victim to the nearest
  191  locally certified domestic violence center if:
  192         1.The victim answers affirmatively to any of the questions
  193  provided in subparagraphs (c)1.-4.;
  194         2.The victim answers negatively to the questions provided
  195  in subparagraphs (c)1.-4., but affirmatively to at least four of
  196  the questions provided in subparagraphs (c)5.-11.; or
  197         3.As a result of the victim’s response to subparagraph
  198  (c)12., the law enforcement officer believes the victim is in a
  199  potentially lethal situation.
  200         (e)If a victim does not, or is unable to, provide
  201  information to a law enforcement officer sufficient to allow the
  202  law enforcement officer to administer a lethality assessment,
  203  the law enforcement officer must document the lack of a
  204  lethality assessment in the written police report required in
  205  subsection (3) and refer the victim to the nearest locally
  206  certified domestic violence center.
  207         (f)A law enforcement officer may not include in a probable
  208  cause statement, written police report, or incident report the
  209  domestic violence center to which a victim was referred.
  210         (3)(2) When a law enforcement officer investigates an
  211  allegation that an incident of domestic violence has occurred,
  212  the officer shall handle the incident pursuant to the arrest
  213  policy provided in s. 901.15(7), and as developed in accordance
  214  with subsections (4), (5), and (6) (3), (4), and (5). Regardless
  215  of whether or not an arrest is made, the officer shall make a
  216  written police report that is complete and clearly indicates the
  217  alleged offense was an incident of domestic violence. Such
  218  report must shall be given to the officer’s supervisor and filed
  219  with the law enforcement agency in a manner that will permit
  220  data on domestic violence cases to be compiled. Such report must
  221  include all of the following:
  222         (a) A description of physical injuries observed, if any.
  223         (b) If a law enforcement officer decides not to make an
  224  arrest or decides to arrest two or more parties, the officer
  225  shall include in the report the grounds for not arresting anyone
  226  or for arresting two or more parties.
  227         (c) A statement which indicates that a copy of the legal
  228  rights and remedies notice was given to the victim.
  229         (d)A notation of the score of a lethality assessment, if
  230  one was administered pursuant to paragraph (1)(c).
  231  
  232  Whenever possible, the law enforcement officer shall obtain a
  233  written statement from the victim and witnesses concerning the
  234  alleged domestic violence. The officer shall submit the report
  235  to the supervisor or other person to whom the employer’s rules
  236  or policies require reports of similar allegations of criminal
  237  activity to be made. The law enforcement agency shall, without
  238  charge, send a copy of the initial police report, as well as any
  239  subsequent, supplemental, or related report, which excludes
  240  victim/witness statements or other materials that are part of an
  241  active criminal investigation and are exempt from disclosure
  242  under chapter 119, to the nearest locally certified domestic
  243  violence center within 24 hours after the agency’s receipt of
  244  the report. The report furnished to the domestic violence center
  245  must include a narrative description of the domestic violence
  246  incident.
  247         (4)(3) Whenever a law enforcement officer determines upon
  248  probable cause that an act of domestic violence has been
  249  committed within the jurisdiction the officer may arrest the
  250  person or persons suspected of its commission and charge such
  251  person or persons with the appropriate crime. The decision to
  252  arrest and charge shall not require consent of the victim or
  253  consideration of the relationship of the parties.
  254         (5)(a)(4)(a) When complaints are received from two or more
  255  parties, the officers shall evaluate each complaint separately
  256  to determine whether there is probable cause for arrest.
  257         (b) If a law enforcement officer has probable cause to
  258  believe that two or more persons have committed a misdemeanor or
  259  felony, or if two or more persons make complaints to the
  260  officer, the officer must shall try to determine who was the
  261  primary aggressor. Arrest is the preferred response only with
  262  respect to the primary aggressor and not the preferred response
  263  with respect to a person who acts in a reasonable manner to
  264  protect or defend oneself or another family or household member
  265  from domestic violence.
  266         (6)(5)A No law enforcement officer may not shall be held
  267  liable, in any civil action, for an arrest based on probable
  268  cause, enforcement in good faith of a court order, or service of
  269  process in good faith under this chapter arising from an alleged
  270  incident of domestic violence brought by any party to the
  271  incident.
  272         (7)(6) A person who willfully violates a condition of
  273  pretrial release provided in s. 903.047, when the original
  274  arrest was for an act of domestic violence as defined in s.
  275  741.28, commits a misdemeanor of the first degree, punishable as
  276  provided in s. 775.082 or s. 775.083, and shall be held in
  277  custody until his or her first appearance.
  278         Section 2. For the purpose of incorporating the amendment
  279  made by this act to section 741.29, Florida Statutes, in a
  280  reference thereto, section 39.906, Florida Statutes, is
  281  reenacted to read:
  282         39.906 Referral to centers and notice of rights.—Any law
  283  enforcement officer who investigates an alleged incident of
  284  domestic violence shall advise the victim of such violence that
  285  there is a domestic violence center from which the victim may
  286  receive services. The law enforcement officer shall give the
  287  victim immediate notice of the legal rights and remedies
  288  available in accordance with the provisions of s. 741.29.
  289         Section 3. This act shall take effect July 1, 2024.