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.