Bill Text: FL S0638 | 2024 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2024 CS for SB 638 By the Committee on Criminal Justice; and Senator Grall 591-01999-24 2024638c1 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 if certain 22 conditions are met; requiring law enforcement officers 23 to document in the written police report a victim’s 24 refusal or inability to provide information necessary 25 for the lethality assessment; prohibiting law 26 enforcement officers from disclosing in certain 27 statements and reports the domestic violence center to 28 which the victim was referred; requiring that written 29 police reports for domestic violence incidents include 30 the results of the lethality assessment, if one was 31 administered; making technical changes; reenacting s. 32 39.906, F.S., relating to referral to domestic 33 violence centers and notice of rights, to incorporate 34 the amendment made to s. 741.29, F.S., in a reference 35 thereto; providing an 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, or 104 does the aggressor control most of your daily activities? 105 7. Did you leave or separate from the aggressor after you 106 were living together or married? 107 8. Is the aggressor unemployed? 108 9. To the best of your knowledge, has the aggressor ever 109 attempted suicide? 110 10. Do you have a child whom the aggressor believes is not 111 the aggressor’s biological child? 112 11. Has the aggressor ever followed, spied on, or left 113 threatening messages for you? 114 12. Is there anything else that worries you about your 115 safety and, if so, what worries you? 116 (b) By July 1, 2025, all law enforcement officers who 117 respond to or investigate crimes of domestic violence must be 118 trained on the policies and procedures for administering a 119 lethality assessment. A law enforcement officer may not 120 administer a lethality assessment to a victim if the officer has 121 not received training on administering a lethality assessment. A 122 law enforcement officer shall advise the victim of the results 123 of the assessment and refer the victim to the nearest locally 124 certified domestic violence center if: 125 1. The victim answers affirmatively to any of the questions 126 provided in subparagraphs (a)1.-4.; 127 2. The victim answers negatively to the questions provided 128 in subparagraphs (a)1.-4., but affirmatively to at least four of 129 the questions provided in subparagraphs (a)5.-11.; or 130 3. As a result of the victim’s response to subparagraph 131 (a)12., the law enforcement officer believes the victim is in a 132 potentially lethal situation. 133 (c) If a victim does not, or is unable to, provide 134 information to a law enforcement officer sufficient to allow the 135 law enforcement officer to administer a lethality assessment, 136 the law enforcement officer must document the lack of a 137 lethality assessment in the written police report required in 138 subsection (3) and refer the victim to the nearest locally 139 certified domestic violence center. 140 (d) A law enforcement officer may not include in a probable 141 cause statement, written police report, or incident report the 142 domestic violence center to which a victim was referred. 143 (3)(2)When a law enforcement officer investigates an 144 allegation that an incident of domestic violence has occurred, 145 the officer shall handle the incident pursuant to the arrest 146 policy provided in s. 901.15(7), and as developed in accordance 147 with subsections (4)(3), (5)(4), and (6)(5). Regardless of 148 whetheror notan arrest is made, the officer shall make a 149 written police report that is complete and clearly indicates the 150 alleged offense was an incident of domestic violence. Such 151 report mustshallbe given to the officer’s supervisor and filed 152 with the law enforcement agency in a manner that will permit 153 data on domestic violence cases to be compiled. Such report must 154 include all of the following: 155 (a) A description of physical injuries observed, if any. 156 (b) If a law enforcement officer decides not to make an 157 arrest or decides to arrest two or more parties,the officer158shall include in the reportthe grounds for not arresting anyone 159 or for arresting two or more parties. 160 (c) A statement which indicates that a copy of the legal 161 rights and remedies notice was given to the victim. 162 (d) The results of a lethality assessment, if one was 163 administered pursuant to paragraph (1)(c). 164 165 Whenever possible, the law enforcement officer shall obtain a 166 written statement from the victim and witnesses concerning the 167 alleged domestic violence. The officer shall submit the report 168 to the supervisor or other person to whom the employer’s rules 169 or policies require reports of similar allegations of criminal 170 activity to be made. The law enforcement agency shall, without 171 charge, send a copy of the initial police report, as well as any 172 subsequent, supplemental, or related report, which excludes 173 victim/witness statements or other materials that are part of an 174 active criminal investigation and are exempt from disclosure 175 under chapter 119, to the nearest locally certified domestic 176 violence center within 24 hours after the agency’s receipt of 177 the report. The report furnished to the domestic violence center 178 must include a narrative description of the domestic violence 179 incident. 180 (4)(3)Whenever a law enforcement officer determines upon 181 probable cause that an act of domestic violence has been 182 committed within the jurisdiction the officer may arrest the 183 person or persons suspected of its commission and charge such 184 person or persons with the appropriate crime. The decision to 185 arrest and charge shall not require consent of the victim or 186 consideration of the relationship of the parties. 187 (5)(a)(4)(a)When complaints are received from two or more 188 parties, the officers shall evaluate each complaint separately 189 to determine whether there is probable cause for arrest. 190 (b) If a law enforcement officer has probable cause to 191 believe that two or more persons have committed a misdemeanor or 192 felony, or if two or more persons make complaints to the 193 officer, the officer mustshalltry to determine who was the 194 primary aggressor. Arrest is the preferred response only with 195 respect to the primary aggressor and not the preferred response 196 with respect to a person who acts in a reasonable manner to 197 protect or defend oneself or another family or household member 198 from domestic violence. 199 (6)(5)ANolaw enforcement officer may notshallbe held 200 liable, in any civil action, for an arrest based on probable 201 cause, enforcement in good faith of a court order, or service of 202 process in good faith under this chapter arising from an alleged 203 incident of domestic violence brought by any party to the 204 incident. 205 (7)(6)A person who willfully violates a condition of 206 pretrial release provided in s. 903.047, when the original 207 arrest was for an act of domestic violence as defined in s. 208 741.28, commits a misdemeanor of the first degree, punishable as 209 provided in s. 775.082 or s. 775.083, and shall be held in 210 custody until his or her first appearance. 211 Section 2. For the purpose of incorporating the amendment 212 made by this act to section 741.29, Florida Statutes, in a 213 reference thereto, section 39.906, Florida Statutes, is 214 reenacted to read: 215 39.906 Referral to centers and notice of rights.—Any law 216 enforcement officer who investigates an alleged incident of 217 domestic violence shall advise the victim of such violence that 218 there is a domestic violence center from which the victim may 219 receive services. The law enforcement officer shall give the 220 victim immediate notice of the legal rights and remedies 221 available in accordance with the provisions of s. 741.29. 222 Section 3. This act shall take effect July 1, 2024.