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.