HB 313

1
A bill to be entitled
2An act relating to dating violence; providing a short
3title; amending s. 784.046, F.S.; revising provisions
4relating to dating violence incidents to provide
5requirements for investigations, notice to victims, and
6reporting similar to those for incidents of domestic
7violence and to apply certain immunity provisions
8thereto; prohibiting certain willful violations of
9conditions of pretrial release; providing penalties;
10amending s. 901.15, F.S.; providing for warrantless
11arrests of persons for dating violence; conforming
12provisions; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  This act may be cited as the "Barwick-Ruschak
17Act."
18     Section 2.  Subsection (11) of section 784.046, Florida
19Statutes, is renumbered as subsection (16), and a new
20subsection (11) and subsections (12), (13), (14), and (15) are
21added to that section, to read:
22     784.046  Action by victim of repeat violence, sexual
23violence, or dating violence for protective injunction; dating
24violence investigations, notice to victims, and reporting;
25pretrial release violations powers and duties of court and
26clerk of court; filing and form of petition; notice and
27hearing; temporary injunction; issuance; statewide
28verification system; enforcement.--
29     (11)  Any law enforcement officer who investigates an
30alleged incident of dating violence shall assist the victim to
31obtain medical treatment if such is required as a result of
32the alleged incident to which the officer responds. Any law
33enforcement officer who investigates an alleged incident of
34dating violence shall advise the victim of such violence that
35there is a domestic violence center from which the victim may
36receive services. The law enforcement officer shall give the
37victim immediate notice of the legal rights and remedies
38available on a standard form developed and distributed by the
39Department of Law Enforcement. As necessary, the Department of
40Law Enforcement shall revise the Legal Rights and Remedies
41Notice to Victims to include a general summary of this
42section, using simple English as well as Spanish, and shall
43distribute the notice as a model form to be used by all law
44enforcement agencies throughout the state. The notice shall
45include:
46     (a)  The resource listing, including telephone number,
47for the area domestic violence center designated by the
48Department of Children and Family Services; and
49     (b)  A copy of the following statement: "IF YOU ARE THE
50VICTIM OF DATING VIOLENCE, you may ask the state attorney to
51file a criminal complaint. You also have the right to go to
52court and file a petition requesting an injunction for
53protection from dating violence which may include, but need
54not be limited to, provisions that restrain the abuser from
55further acts of abuse; direct the abuser to leave your
56household; and prevent the abuser from entering your
57residence, school, business, or place of employment."
58     (12)  When a law enforcement officer investigates an
59allegation that an incident of dating violence has occurred,
60the officer shall handle the incident pursuant to the arrest
61policy provided in s. 901.15(7), and as developed in
62accordance with subsections (13), (14), and (16). Whether or
63not an arrest is made, the officer shall make a written police
64report that is complete and clearly indicates that the alleged
65offense was an incident of dating violence. Such report shall
66be given to the officer's supervisor and filed with the law
67enforcement agency in a manner that will permit data on dating
68violence cases to be compiled. Such report must include:
69     (a)  A description of physical injuries observed, if any.
70     (b)  If a law enforcement officer decides not to make an
71arrest or decides to arrest two or more parties, the grounds
72for not arresting anyone or for arresting two or more parties.
73     (c)  A statement which indicates that a copy of the legal
74rights and remedies notice was given to the victim.
75
76Whenever possible, the law enforcement officer shall obtain a
77written statement from the victim and witnesses concerning the
78alleged dating violence. The officer shall submit the report
79to the supervisor or other person to whom the employer's rules
80or policies require reports of similar allegations of criminal
81activity to be made. The law enforcement agency shall, without
82charge, send a copy of the initial police report, as well as
83any subsequent, supplemental, or related report, which
84excludes victim or witness statements or other materials that
85are part of an active criminal investigation and are exempt
86from disclosure under chapter 119, to the nearest locally
87certified domestic violence center within 24 hours after the
88agency's receipt of the report. The report furnished to the
89domestic violence center must include a narrative description
90of the dating violence incident.
91     (13)  Whenever a law enforcement officer determines upon
92probable cause that an act of dating violence has been
93committed within the jurisdiction, the officer may arrest the
94person or persons suspected of its commission and charge such
95person or persons with the appropriate crime. The decision to
96arrest and charge shall not require consent of the victim or
97consideration of the relationship of the parties.
98     (14)(a)  When complaints are received from two or more
99parties, the officers shall evaluate each complaint separately
100to determine whether there is probable cause for arrest.
101     (b)  If a law enforcement officer has probable cause to
102believe that two or more persons have committed a misdemeanor
103or felony, or if two or more persons make complaints to the
104officer, the officer shall try to determine who was the
105primary aggressor. Arrest is the preferred response only with
106respect to the primary aggressor and not the preferred
107response with respect to a person who acts in a reasonable
108manner to protect or defend himself or herself or another
109family or household member from dating violence.
110     (15)  A person who willfully violates a condition of
111pretrial release provided in s. 903.047, when the original
112arrest was for an act of dating violence as defined in this
113section, commits a misdemeanor of the first degree, punishable
114as provided in s. 775.082 or s. 775.083, and shall be held in
115custody until his or her first appearance.
116     (16)(11)  A law enforcement officer acting in good faith
117under this section and the officer's employing agency shall be
118immune from all liability, civil or criminal, that might
119otherwise be incurred or imposed by reason of the officer's or
120agency's actions in carrying out the provisions of this
121section.
122     Section 3.  Subsection (7) of section 901.15, Florida
123Statutes, is amended to read:
124     901.15  When arrest by officer without warrant is
125lawful.--A law enforcement officer may arrest a person without
126a warrant when:
127     (7)  There is probable cause to believe that the person
128has committed an act of domestic violence, as defined in s.
129741.28, or dating violence, as provided in s. 784.046. The
130decision to arrest shall not require consent of the victim or
131consideration of the relationship of the parties. It is the
132public policy of this state to strongly discourage arrest and
133charges of both parties for domestic violence or dating
134violence on each other and to encourage training of law
135enforcement and prosecutors in these areas this area. A law
136enforcement officer who acts in good faith and exercises due
137care in making an arrest under this subsection, under s.
138741.31(4) or s. 784.047, or pursuant to a foreign order of
139protection accorded full faith and credit pursuant to s.
140741.315, is immune from civil liability that otherwise might
141result by reason of his or her action.
142     Section 4.  This act shall take effect October 1, 2008.


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