Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 936 Ì549324+Î549324 576-03709-16 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Criminal and Civil Justice) 1 A bill to be entitled 2 An act relating to criminal justice system interviews 3 of individuals with autism or an autism spectrum 4 disorder; providing a short title; creating s. 5 943.0439, F.S.; requiring a law enforcement officer, 6 correctional officer, or another public safety 7 official to make a good faith effort, upon the request 8 of a parent, a guardian, or the individual, to ensure 9 that specified professionals are present at all 10 interviews of an individual diagnosed with autism or 11 an autism spectrum disorder; providing specifications 12 for the professional; specifying that the parent, 13 guardian, or individual bears the expense of hiring 14 the professional; specifying that not having a 15 professional present is not a basis for suppressing 16 statements or for bringing a cause of action; 17 providing applicability; requiring law enforcement 18 agencies to develop and implement appropriate policies 19 and provide training; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. This act may be cited as “The Wes Kleinert Fair 24 Interview Act.” 25 Section 2. Section 943.0439, Florida Statutes, is created 26 to read: 27 943.0439 Interviews of victims, suspects, or defendants 28 with autism or an autism spectrum disorder.—A law enforcement 29 officer, a correctional officer, or another public safety 30 official shall, upon the request of an individual diagnosed with 31 autism or an autism spectrum disorder or his or her parent or 32 guardian, make a good faith effort to ensure that a 33 psychiatrist, psychologist, mental health counselor, special 34 education instructor, clinical social worker, or related 35 professional is present at all interviews of the individual. The 36 professional must have experience treating, teaching, or 37 assisting patients or clients who have been diagnosed with 38 autism or an autism spectrum disorder or related developmental 39 disability or must be certified in special education with a 40 concentration focused on persons with autism or an autism 41 spectrum disorder. All expenses related to the attendance of the 42 professional at interviews shall be borne by the requesting 43 parent, guardian, or individual. Failure to have a professional 44 as defined by this subsection present at the time of the 45 interview is not a basis for suppression of the statement or the 46 contents of the interview or for a cause of action against the 47 law enforcement officer or agency. This subsection applies to 48 such an individual who is the victim, a suspect, or a defendant 49 formally accused of a crime. 50 (2) Each law enforcement agency must ensure that 51 appropriate policies are developed which implement this section 52 and that training is provided to its law enforcement and 53 correctional officers based on those policies. 54 Section 3. This act shall take effect July 1, 2016.