CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 148
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Klein moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Section 784.09, Florida Statutes, is
18 created to read:
19 784.09 Battery as domestic violence; enhanced
20 penalty.--The penalty for battery shall be reclassified from a
21 misdemeanor of the first degree to a felony of the third
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084, if:
24 (1) The battery is committed under circumstances that
25 constitute an act of domestic violence as defined in s.
26 741.28; and
27 (2) The battery is committed in the presence of a
28 child who is 16 years of age or younger.
29
30 This section does not apply to arrests or charges of both
31 parties to a domestic violence incident when such arrests or
1
12:20 PM 03/21/97 s0148.cj28.0b
SENATE AMENDMENT
Bill No. SB 148
Amendment No.
1 charges are for battery of each other.
2 Section 2. Subsections (2) and (4) of section 741.29,
3 Florida Statutes, are amended, and subsection (6) is added to
4 that section, to read:
5 741.29 Domestic violence; investigation of incidents;
6 notice to victims of legal rights and remedies; reporting.--
7 (2) When a law enforcement officer investigates an
8 allegation that an incident of domestic violence has occurred,
9 the officer shall handle the incident pursuant to the arrest
10 policy provided in s. 901.15(7)(a), and as developed in
11 accordance with subsections (3), (4), and (5). Whether or not
12 an arrest is made, the officer shall make a written police
13 report that is complete and clearly indicates the alleged
14 offense was an incident of domestic violence. Such report
15 shall be given to the officer's supervisor and filed with the
16 law enforcement agency in a manner that will permit data on
17 domestic violence cases to be compiled as part of the field
18 arrest and incident reporting form and as prescribed by the
19 department of the alleged incident which clearly indicates
20 that the alleged offense was an incident of domestic violence.
21 Such report must include:
22 (a) A description of physical injuries observed, if
23 any.
24 (b) If a law enforcement officer decides not to make
25 an arrest or decides to arrest two or more parties, the
26 officer shall include in the report the grounds for not
27 arresting anyone or for arresting two or more parties. If an
28 arrest was not made, an indication by the law enforcement
29 officer, in writing, of the reasons why an arrest was not
30 made.
31 (c) A statement which indicates that a copy of the
2
12:20 PM 03/21/97 s0148.cj28.0b
SENATE AMENDMENT
Bill No. SB 148
Amendment No.
1 legal rights and remedies notice was given to the victim.
2
3 Whenever possible, the law enforcement officer shall obtain a
4 written statement from the victim and witnesses concerning the
5 alleged domestic violence. The officer shall submit the report
6 to the supervisor or other person to whom the employer's rules
7 or policies require reports of similar allegations of criminal
8 activity to be made. The law enforcement agency shall, without
9 charge, send a copy of the initial police report, as well as
10 any subsequent, supplemental, or related report, which
11 excludes victim/witness statements or other materials that are
12 part of an active criminal investigation and are exempt from
13 disclosure under chapter 119, to the nearest locally certified
14 domestic violence center within 24 hours after the agency's
15 receipt of the report. The report furnished to the domestic
16 violence center must include a narrative description of the
17 domestic violence incident.
18 (4)(a) When complaints are received from two or more
19 parties, the officers shall evaluate each complaint separately
20 to determine whether there is probable cause for arrest.
21 (b) If a law enforcement officer has probable cause to
22 believe that two or more persons have committed a misdemeanor
23 or felony, or if two or more persons make complaints to the
24 officer, the officer shall try to determine who was the
25 primary aggressor. Arrest is the preferred response only with
26 respect to the primary aggressor.
27 (6) A person who willfully violates a condition of
28 pretrial release provided in s. 903.047, when the original
29 arrest was for an act of domestic violence as defined in s.
30 741.28, commits a misdemeanor of the first degree, punishable
31 as provided in s. 775.082 or s. 775.083, and shall be held in
3
12:20 PM 03/21/97 s0148.cj28.0b
SENATE AMENDMENT
Bill No. SB 148
Amendment No.
1 custody until his or her first appearance.
2 Section 3. Subsection (7) of section 901.15, Florida
3 Statutes, 1996 Supplement, is amended, and subsection (12) is
4 added to that section, to read:
5 901.15 When arrest by officer without warrant is
6 lawful.--A law enforcement officer may arrest a person without
7 a warrant when:
8 (7) There is probable cause to believe that the person
9 has committed:
10 (a) An act of domestic violence, as defined in s.
11 741.28;
12 (b) Child abuse, as defined in s. 827.04(2) and (3);
13 or
14 (c) Any battery upon another person, as defined in s.
15 784.03.
16
17 With respect to an arrest for an act of domestic violence, the
18 decision to arrest shall not require consent of the victim or
19 consideration of the relationship of the parties. It is the
20 public policy of this state to strongly discourage arrest and
21 charges of both parties for domestic violence on each other
22 and to encourage training of law enforcement and prosecutors
23 in this area. A law enforcement officer who acts in good faith
24 and exercises due care in making an arrest under this
25 subsection is immune from civil liability that otherwise might
26 result by reason of his action.
27 (12) There is probable cause to believe that the
28 person has committed an act that violates a condition of
29 pretrial release provided in s. 903.047 when the original
30 arrest was for an act of domestic violence as defined in s.
31 741.28.
4
12:20 PM 03/21/97 s0148.cj28.0b
SENATE AMENDMENT
Bill No. SB 148
Amendment No.
1 Section 4. Subsection (1) of section 943.171, Florida
2 Statutes, is amended to read:
3 943.171 Basic skills training in handling domestic
4 violence cases.--
5 (1) The commission shall establish standards for
6 instruction of law enforcement officers in the subject of
7 domestic violence. Every basic skills course required in
8 order for law enforcement officers to obtain initial
9 certification shall, after January 1, 1986, include a minimum
10 of 6 hours of training in handling domestic violence cases.
11 Such training must include training in the recognition and
12 determination of the primary aggressor in domestic violence
13 cases.
14 Section 5. This act shall take effect October 1, 1997.
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 Delete everything before the enacting clause
20
21 and insert:
22 A bill to be entitled
23 An act relating to domestic violence; creating
24 s. 784.09, F.S.; reclassifying the offense of
25 battery as a third degree felony if such
26 offense constitutes an act of domestic violence
27 and is committed in the presence of a minor
28 under a specified age; providing an exception
29 to applicability; amending s. 741.29, F.S.;
30 requiring certain reports by law enforcement
31 officers; prescribing preferred arrest policy
5
12:20 PM 03/21/97 s0148.cj28.0b
SENATE AMENDMENT
Bill No. SB 148
Amendment No.
1 for a law enforcement officer investigating
2 alleged domestic violence; defining the offense
3 of violating pretrial release condition when
4 original arrest was for act of domestic
5 violence; providing penalties; amending s.
6 901.15, F.S.; prescribing public policy for
7 arrest in domestic violence cases; providing
8 for arrest of a person without warrant when
9 there is probable cause to believe a person
10 originally arrested for an act of domestic
11 violence has violated a pretrial release
12 condition; amending s. 943.171, F.S.; requiring
13 certain training for law enforcement officers;
14 providing an effective date.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
12:20 PM 03/21/97 s0148.cj28.0b