| 1 | A bill to be entitled |
| 2 | An act relating to dating violence; providing a short |
| 3 | title; amending s. 784.046, F.S.; revising provisions |
| 4 | relating to dating violence incidents to provide |
| 5 | requirements for investigations, notice to victims, and |
| 6 | reporting similar to those for incidents of domestic |
| 7 | violence and to apply certain immunity provisions |
| 8 | thereto; prohibiting certain willful violations of |
| 9 | conditions of pretrial release; providing penalties; |
| 10 | amending s. 901.15, F.S.; providing for warrantless |
| 11 | arrests of persons for dating violence; conforming |
| 12 | provisions; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. This act may be cited as the "Barwick-Ruschak |
| 17 | Act." |
| 18 | Section 2. Subsection (11) of section 784.046, Florida |
| 19 | Statutes, is renumbered as subsection (16), and a new |
| 20 | subsection (11) and subsections (12), (13), (14), and (15) are |
| 21 | added to that section, to read: |
| 22 | 784.046 Action by victim of repeat violence, sexual |
| 23 | violence, or dating violence for protective injunction; dating |
| 24 | violence investigations, notice to victims, and reporting; |
| 25 | pretrial release violations powers and duties of court and |
| 26 | clerk of court; filing and form of petition; notice and |
| 27 | hearing; temporary injunction; issuance; statewide |
| 28 | verification system; enforcement.-- |
| 29 | (11) Any law enforcement officer who investigates an |
| 30 | alleged incident of dating violence shall assist the victim to |
| 31 | obtain medical treatment if such is required as a result of |
| 32 | the alleged incident to which the officer responds. Any law |
| 33 | enforcement officer who investigates an alleged incident of |
| 34 | dating violence shall advise the victim of such violence that |
| 35 | there is a domestic violence center from which the victim may |
| 36 | receive services. The law enforcement officer shall give the |
| 37 | victim immediate notice of the legal rights and remedies |
| 38 | available on a standard form developed and distributed by the |
| 39 | Department of Law Enforcement. As necessary, the Department of |
| 40 | Law Enforcement shall revise the Legal Rights and Remedies |
| 41 | Notice to Victims to include a general summary of this |
| 42 | section, using simple English as well as Spanish, and shall |
| 43 | distribute the notice as a model form to be used by all law |
| 44 | enforcement agencies throughout the state. The notice shall |
| 45 | include: |
| 46 | (a) The resource listing, including telephone number, |
| 47 | for the area domestic violence center designated by the |
| 48 | Department of Children and Family Services; and |
| 49 | (b) A copy of the following statement: "IF YOU ARE THE |
| 50 | VICTIM OF DATING VIOLENCE, you may ask the state attorney to |
| 51 | file a criminal complaint. You also have the right to go to |
| 52 | court and file a petition requesting an injunction for |
| 53 | protection from dating violence which may include, but need |
| 54 | not be limited to, provisions that restrain the abuser from |
| 55 | further acts of abuse; direct the abuser to leave your |
| 56 | household; and prevent the abuser from entering your |
| 57 | residence, school, business, or place of employment." |
| 58 | (12) When a law enforcement officer investigates an |
| 59 | allegation that an incident of dating violence has occurred, |
| 60 | the officer shall handle the incident pursuant to the arrest |
| 61 | policy provided in s. 901.15(7), and as developed in |
| 62 | accordance with subsections (13), (14), and (16). Whether or |
| 63 | not an arrest is made, the officer shall make a written police |
| 64 | report that is complete and clearly indicates that the alleged |
| 65 | offense was an incident of dating violence. Such report shall |
| 66 | be given to the officer's supervisor and filed with the law |
| 67 | enforcement agency in a manner that will permit data on dating |
| 68 | violence 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 |
| 71 | arrest or decides to arrest two or more parties, the grounds |
| 72 | for not arresting anyone or for arresting two or more parties. |
| 73 | (c) A statement which indicates that a copy of the legal |
| 74 | rights and remedies notice was given to the victim. |
| 75 | |
| 76 | Whenever possible, the law enforcement officer shall obtain a |
| 77 | written statement from the victim and witnesses concerning the |
| 78 | alleged dating violence. The officer shall submit the report |
| 79 | to the supervisor or other person to whom the employer's rules |
| 80 | or policies require reports of similar allegations of criminal |
| 81 | activity to be made. The law enforcement agency shall, without |
| 82 | charge, send a copy of the initial police report, as well as |
| 83 | any subsequent, supplemental, or related report, which |
| 84 | excludes victim or witness statements or other materials that |
| 85 | are part of an active criminal investigation and are exempt |
| 86 | from disclosure under chapter 119, to the nearest locally |
| 87 | certified domestic violence center within 24 hours after the |
| 88 | agency's receipt of the report. The report furnished to the |
| 89 | domestic violence center must include a narrative description |
| 90 | of the dating violence incident. |
| 91 | (13) Whenever a law enforcement officer determines upon |
| 92 | probable cause that an act of dating violence has been |
| 93 | committed within the jurisdiction, the officer may arrest the |
| 94 | person or persons suspected of its commission and charge such |
| 95 | person or persons with the appropriate crime. The decision to |
| 96 | arrest and charge shall not require consent of the victim or |
| 97 | consideration of the relationship of the parties. |
| 98 | (14)(a) When complaints are received from two or more |
| 99 | parties, the officers shall evaluate each complaint separately |
| 100 | to determine whether there is probable cause for arrest. |
| 101 | (b) If a law enforcement officer has probable cause to |
| 102 | believe that two or more persons have committed a misdemeanor |
| 103 | or felony, or if two or more persons make complaints to the |
| 104 | officer, the officer shall try to determine who was the |
| 105 | primary aggressor. Arrest is the preferred response only with |
| 106 | respect to the primary aggressor and not the preferred |
| 107 | response with respect to a person who acts in a reasonable |
| 108 | manner to protect or defend himself or herself or another |
| 109 | family or household member from dating violence. |
| 110 | (15) A person who willfully violates a condition of |
| 111 | pretrial release provided in s. 903.047, when the original |
| 112 | arrest was for an act of dating violence as defined in this |
| 113 | section, commits a misdemeanor of the first degree, punishable |
| 114 | as provided in s. 775.082 or s. 775.083, and shall be held in |
| 115 | custody until his or her first appearance. |
| 116 | (16)(11) A law enforcement officer acting in good faith |
| 117 | under this section and the officer's employing agency shall be |
| 118 | immune from all liability, civil or criminal, that might |
| 119 | otherwise be incurred or imposed by reason of the officer's or |
| 120 | agency's actions in carrying out the provisions of this |
| 121 | section. |
| 122 | Section 3. Subsection (7) of section 901.15, Florida |
| 123 | Statutes, is amended to read: |
| 124 | 901.15 When arrest by officer without warrant is |
| 125 | lawful.--A law enforcement officer may arrest a person without |
| 126 | a warrant when: |
| 127 | (7) There is probable cause to believe that the person |
| 128 | has committed an act of domestic violence, as defined in s. |
| 129 | 741.28, or dating violence, as provided in s. 784.046. The |
| 130 | decision to arrest shall not require consent of the victim or |
| 131 | consideration of the relationship of the parties. It is the |
| 132 | public policy of this state to strongly discourage arrest and |
| 133 | charges of both parties for domestic violence or dating |
| 134 | violence on each other and to encourage training of law |
| 135 | enforcement and prosecutors in these areas this area. A law |
| 136 | enforcement officer who acts in good faith and exercises due |
| 137 | care in making an arrest under this subsection, under s. |
| 138 | 741.31(4) or s. 784.047, or pursuant to a foreign order of |
| 139 | protection accorded full faith and credit pursuant to s. |
| 140 | 741.315, is immune from civil liability that otherwise might |
| 141 | result by reason of his or her action. |
| 142 | Section 4. This act shall take effect October 1, 2008. |