CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 148

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Klein moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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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.

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30  This section does not apply to arrests or charges of both

31  parties to a domestic violence incident when such arrests or

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                                                  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

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                                                  SENATE AMENDMENT

    Bill No. SB 148

    Amendment No.    





  1  legal rights and remedies notice was given to the victim.

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  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

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                                                  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.

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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.

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                                                  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.

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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

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                                                  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.

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