Bill Text: FL S0638 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Lethality Assessments
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Failed) 2024-03-08 - Died in Messages [S0638 Detail]
Download: Florida-2024-S0638-Introduced.html
Bill Title: Lethality Assessments
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Failed) 2024-03-08 - Died in Messages [S0638 Detail]
Download: Florida-2024-S0638-Introduced.html
Florida Senate - 2024 SB 638 By Senator Grall 29-00672-24 2024638__ 1 A bill to be entitled 2 An act relating to lethality assessments; amending s. 3 741.29, F.S.; requiring law enforcement officers who 4 investigate an alleged incident of domestic violence 5 to administer a lethality assessment under certain 6 circumstances; requiring the Department of Law 7 Enforcement to consult with specified entities to 8 develop and implement a statewide lethality 9 assessment; requiring that training on administering 10 lethality assessments be available to law enforcement 11 officers in an online format; requiring law 12 enforcement officers administering a lethality 13 assessment to ask a victim specified questions; 14 requiring certain law enforcement officers to be 15 trained in administering lethality assessments by a 16 specified date; prohibiting law enforcement officers 17 from administering a lethality assessment if they have 18 not completed lethality assessment training; requiring 19 law enforcement officers to advise the victim of the 20 results of the lethality assessment and refer the 21 victim to certain domestic violence centers; requiring 22 law enforcement officers to document in the written 23 police report a victim’s refusal or inability to 24 provide information necessary for the lethality 25 assessment; prohibiting law enforcement officers from 26 disclosing in certain statements and reports the 27 domestic violence center to which the victim was 28 referred; requiring that written police reports for 29 domestic violence incidents include the results of the 30 lethality assessment, if one was administered; making 31 technical changes; reenacting s. 39.906, F.S., 32 relating to referral to domestic violence centers and 33 notice of rights, to incorporate the amendment made to 34 s. 741.29, F.S., in a reference thereto; providing an 35 effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 741.29, Florida Statutes, is amended to 40 read: 41 741.29 Domestic violence; investigation of incidents; 42 notice to victims of legal rights and remedies; reporting.— 43 (1) Any law enforcement officer who investigates an alleged 44 incident of domestic violence shall: 45 (a) Assist the victim to obtain medical treatment if such 46 is required as a result of the alleged incident to which the 47 officer responds;.Any law enforcement officer who investigates48an alleged incident of domestic violence shall49 (b) Advise the victim of such violence that there is a 50 domestic violence center from which the victim may receive 51 services;.52 (c) Administer a lethality assessment consistent with the 53 requirements established in subsection (2) if the allegation of 54 domestic violence is against an intimate partner, regardless of 55 whether an arrest is made; and 56 (d)The law enforcement officer shallGive the victim 57 immediate notice of the legal rights and remedies available on a 58 standard form developed and distributed by the department. As 59 necessary, the department shall revise the Legal Rights and 60 Remedies Notice to Victims to include a general summary of s. 61 741.30 using simple English as well as Spanish, and shall 62 distribute the notice as a model form to be used by all law 63 enforcement agencies throughout thisthestate. The notice must 64shallinclude: 65 1.(a)The resource listing, including telephone number, for 66 the area domestic violence center designated by the Department 67 of Children and Families; and 68 2.(b)A copy of the following statement: 69 70“IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may 71 ask the state attorney to file a criminal complaint. 72 You also have the right to go to court and file a 73 petition requesting an injunction for protection from 74 domestic violence which may include, but need not be 75 limited to, provisions which restrain the abuser from 76 further acts of abuse; direct the abuser to leave your 77 household; prevent the abuser from entering your 78 residence, school, business, or place of employment; 79 award you custody of your minor child or children; and 80 direct the abuser to pay support to you and the minor 81 children if the abuser has a legal obligation to do 82 so.”83 84 (2) The department shall consult with the Department of 85 Children and Families and at least one domestic violence 86 advocacy organization to develop the policies, procedures, and 87 training necessary for implementation of a statewide evidence 88 based lethality assessment. Training on how to administer a 89 lethality assessment must be accessible to a law enforcement 90 officer in an online format. 91 (a) To administer a lethality assessment, a law enforcement 92 officer shall ask the victim, in the same or similar wording and 93 in the same order, all of the following questions: 94 1. Did the aggressor ever use a weapon against you or 95 threaten you with a weapon? 96 2. Did the aggressor ever threaten to kill you or your 97 children? 98 3. Do you believe the aggressor will try to kill you? 99 4. Has the aggressor ever choked you or attempted to choke 100 you? 101 5. Does the aggressor have a gun or could the aggressor 102 easily obtain a gun? 103 6. Is the aggressor violently or constantly jealous? 104 7. Does the aggressor control most of your daily 105 activities? 106 8. Does the aggressor reside in the same household with 107 you? 108 9. Is the aggressor employed? 109 10. To the best of your knowledge, has the aggressor ever 110 attempted suicide? 111 11. Do you have a child whom the aggressor believes is not 112 the aggressor’s biological child? 113 12. Has the aggressor ever followed, spied on, or left 114 threatening messages for you? 115 (b) By July 1, 2025, all law enforcement officers who 116 respond to or investigate crimes of domestic violence must be 117 trained on the policies and procedures for administering a 118 lethality assessment. A law enforcement officer may not 119 administer a lethality assessment to a victim if the officer has 120 not received training on administering a lethality assessment. A 121 law enforcement officer shall advise the victim of the results 122 of the assessment and refer the victim to the nearest locally 123 certified domestic violence center. 124 (c) If a victim does not, or is unable to, provide 125 information to a law enforcement officer sufficient to allow the 126 law enforcement officer to administer a lethality assessment, 127 the law enforcement officer must document the lack of a 128 lethality assessment in the written police report required in 129 subsection (3) and refer the victim to the nearest locally 130 certified domestic violence center. 131 (d) A law enforcement officer may not include in a probable 132 cause statement, written police report, or incident report the 133 domestic violence center to which a victim was referred. 134 (3)(2)When a law enforcement officer investigates an 135 allegation that an incident of domestic violence has occurred, 136 the officer shall handle the incident pursuant to the arrest 137 policy provided in s. 901.15(7), and as developed in accordance 138 with subsections (4)(3), (5)(4), and (6)(5). Regardless of 139 whetheror notan arrest is made, the officer shall make a 140 written police report that is complete and clearly indicates the 141 alleged offense was an incident of domestic violence. Such 142 report mustshallbe given to the officer’s supervisor and filed 143 with the law enforcement agency in a manner that will permit 144 data on domestic violence cases to be compiled. Such report must 145 include all of the following: 146 (a) A description of physical injuries observed, if any. 147 (b) If a law enforcement officer decides not to make an 148 arrest or decides to arrest two or more parties,the officer149shall include in the reportthe grounds for not arresting anyone 150 or for arresting two or more parties. 151 (c) A statement which indicates that a copy of the legal 152 rights and remedies notice was given to the victim. 153 (d) The results of a lethality assessment, if one was 154 administered pursuant to paragraph (1)(c). 155 156 Whenever possible, the law enforcement officer shall obtain a 157 written statement from the victim and witnesses concerning the 158 alleged domestic violence. The officer shall submit the report 159 to the supervisor or other person to whom the employer’s rules 160 or policies require reports of similar allegations of criminal 161 activity to be made. The law enforcement agency shall, without 162 charge, send a copy of the initial police report, as well as any 163 subsequent, supplemental, or related report, which excludes 164 victim/witness statements or other materials that are part of an 165 active criminal investigation and are exempt from disclosure 166 under chapter 119, to the nearest locally certified domestic 167 violence center within 24 hours after the agency’s receipt of 168 the report. The report furnished to the domestic violence center 169 must include a narrative description of the domestic violence 170 incident. 171 (4)(3)Whenever a law enforcement officer determines upon 172 probable cause that an act of domestic violence has been 173 committed within the jurisdiction the officer may arrest the 174 person or persons suspected of its commission and charge such 175 person or persons with the appropriate crime. The decision to 176 arrest and charge shall not require consent of the victim or 177 consideration of the relationship of the parties. 178 (5)(a)(4)(a)When complaints are received from two or more 179 parties, the officers shall evaluate each complaint separately 180 to determine whether there is probable cause for arrest. 181 (b) If a law enforcement officer has probable cause to 182 believe that two or more persons have committed a misdemeanor or 183 felony, or if two or more persons make complaints to the 184 officer, the officer mustshalltry to determine who was the 185 primary aggressor. Arrest is the preferred response only with 186 respect to the primary aggressor and not the preferred response 187 with respect to a person who acts in a reasonable manner to 188 protect or defend oneself or another family or household member 189 from domestic violence. 190 (6)(5)ANolaw enforcement officer may notshallbe held 191 liable, in any civil action, for an arrest based on probable 192 cause, enforcement in good faith of a court order, or service of 193 process in good faith under this chapter arising from an alleged 194 incident of domestic violence brought by any party to the 195 incident. 196 (7)(6)A person who willfully violates a condition of 197 pretrial release provided in s. 903.047, when the original 198 arrest was for an act of domestic violence as defined in s. 199 741.28, commits a misdemeanor of the first degree, punishable as 200 provided in s. 775.082 or s. 775.083, and shall be held in 201 custody until his or her first appearance. 202 Section 2. For the purpose of incorporating the amendment 203 made by this act to section 741.29, Florida Statutes, in a 204 reference thereto, section 39.906, Florida Statutes, is 205 reenacted to read: 206 39.906 Referral to centers and notice of rights.—Any law 207 enforcement officer who investigates an alleged incident of 208 domestic violence shall advise the victim of such violence that 209 there is a domestic violence center from which the victim may 210 receive services. The law enforcement officer shall give the 211 victim immediate notice of the legal rights and remedies 212 available in accordance with the provisions of s. 741.29. 213 Section 3. This act shall take effect July 1, 2024.