Florida Senate - 2016 CS for CS for SB 936 By the Committees on Appropriations; and Criminal Justice; and Senator Ring 576-04511-16 2016936c2 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; requiring a convicted defendant to 15 pay for the professional under certain circumstances; 16 specifying that not having a professional present is 17 not a basis for suppressing statements or for bringing 18 a cause of action; providing applicability; requiring 19 law enforcement agencies to develop and implement 20 appropriate policies and provide training; providing 21 an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. This act may be cited as “The Wes Kleinert Fair 26 Interview Act.” 27 Section 2. Section 943.0439, Florida Statutes, is created 28 to read: 29 943.0439 Interviews of victims, suspects, or defendants 30 with autism or an autism spectrum disorder.—A law enforcement 31 officer, a correctional officer, or another public safety 32 official shall, upon the request of an individual diagnosed with 33 autism or an autism spectrum disorder or his or her parent or 34 guardian, make a good faith effort to ensure that a 35 psychiatrist, psychologist, mental health counselor, special 36 education instructor, clinical social worker, or related 37 professional is present at all interviews of the individual. The 38 professional must have experience treating, teaching, or 39 assisting patients or clients who have been diagnosed with 40 autism or an autism spectrum disorder or related developmental 41 disability or must be certified in special education with a 42 concentration focused on persons with autism or an autism 43 spectrum disorder. All expenses related to the attendance of the 44 professional at interviews shall be borne by the requesting 45 parent, guardian, or individual. If the individual is a victim, 46 the defendant shall reimburse the victim for all expenses 47 related to the attendance of the professional at the interview, 48 in addition to other restitution or penalties provided by law, 49 upon conviction of the offense of which the individual is a 50 victim. Failure to have a professional as defined by this 51 subsection present at the time of the interview is not a basis 52 for suppression of the statement or the contents of the 53 interview or for a cause of action against the law enforcement 54 officer or agency. This subsection applies to such an individual 55 who is the victim, a suspect, or a defendant formally accused of 56 a crime. 57 (2) Each law enforcement agency must ensure that 58 appropriate policies are developed which implement this section 59 and that training is provided to its law enforcement and 60 correctional officers based on those policies. 61 Section 3. This act shall take effect July 1, 2016.