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 CS for SB 638 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Grall 604-03137-24 2024638c2 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, and 8 authorizing the department to consult with other 9 specified entities, to develop certain policies, 10 procedures, and training necessary for the 11 implementation of a statewide evidence-based lethality 12 assessment; requiring such policies, procedures, and 13 training to establish how to determine whether a 14 victim and aggressor are intimate partners and 15 establish a statewide process for referring a victim 16 to a certified domestic violence center; requiring the 17 department to adopt a statewide lethality assessment 18 form by a specified date; requiring that training on 19 administering lethality assessments be available to 20 law enforcement officers in an online format; 21 requiring the department to submit a specified report 22 to the Legislature by a specified date; requiring 23 certain law enforcement officers to be trained on the 24 policies and procedures for administering a lethality 25 assessment; prohibiting a law enforcement officer from 26 administering a lethality assessment if he or she has 27 not received specified training; requiring law 28 enforcement officers administering a lethality 29 assessment to ask a victim specified questions; 30 requiring law enforcement officers to advise the 31 victim of the results of the lethality assessment and 32 refer the victim to certain domestic violence centers 33 if certain conditions are met; requiring law 34 enforcement officers to document in the written police 35 report a victim’s refusal or inability to provide 36 information necessary for the lethality assessment; 37 prohibiting law enforcement officers from disclosing 38 in certain statements and reports the domestic 39 violence center to which the victim was referred; 40 requiring that written police reports for domestic 41 violence incidents include the results of the 42 lethality assessment, if one was administered; making 43 technical changes; reenacting s. 39.906, F.S., 44 relating to referral to domestic violence centers and 45 notice of rights, to incorporate the amendment made to 46 s. 741.29, F.S., in a reference thereto; providing an 47 effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Section 741.29, Florida Statutes, is amended to 52 read: 53 741.29 Domestic violence; investigation of incidents; 54 notice to victims of legal rights and remedies; reporting.— 55 (1) Any law enforcement officer who investigates an alleged 56 incident of domestic violence shall: 57 (a) Assist the victim to obtain medical treatment if such 58 is required as a result of the alleged incident to which the 59 officer responds;.Any law enforcement officer who investigates60an alleged incident of domestic violence shall61 (b) Advise the victim of such violence that there is a 62 domestic violence center from which the victim may receive 63 services;.64 (c) Administer a lethality assessment consistent with the 65 requirements established in subsection (2) if the allegation of 66 domestic violence is against an intimate partner, regardless of 67 whether an arrest is made; and 68 (d)The law enforcement officer shallGive the victim 69 immediate notice of the legal rights and remedies available on a 70 standard form developed and distributed by the department. As 71 necessary, the department shall revise the Legal Rights and 72 Remedies Notice to Victims to include a general summary of s. 73 741.30 using simple English as well as Spanish, and shall 74 distribute the notice as a model form to be used by all law 75 enforcement agencies throughout thisthestate. The notice must 76shallinclude: 77 1.(a)The resource listing, including telephone number, for 78 the area domestic violence center designated by the Department 79 of Children and Families; and 80 2.(b)A copy of the following statement: 81 82“IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may 83 ask the state attorney to file a criminal complaint. 84 You also have the right to go to court and file a 85 petition requesting an injunction for protection from 86 domestic violence which may include, but need not be 87 limited to, provisions which restrain the abuser from 88 further acts of abuse; direct the abuser to leave your 89 household; prevent the abuser from entering your 90 residence, school, business, or place of employment; 91 award you custody of your minor child or children; and 92 direct the abuser to pay support to you and the minor 93 children if the abuser has a legal obligation to do 94 so.”95 96 (2) The department shall consult with the Department of 97 Children and Families and at least one domestic violence 98 advocacy organization and may consult with the Florida Sheriffs 99 Association, the Florida Police Chiefs Association, and the 100 Florida Partnership to End Domestic Violence to develop the 101 policies, procedures, and training necessary for implementation 102 of a statewide evidence-based lethality assessment. Such 103 policies, procedures, and training must establish how to 104 determine whether a victim and aggressor are intimate partners 105 and establish a statewide process for referring a victim to a 106 certified domestic violence center. By January 1, 2025, the 107 department must adopt a statewide lethality assessment form that 108 includes all the information in paragraph (c). Training on how 109 to administer a lethality assessment and the approved lethality 110 assessment form must be accessible to a law enforcement officer 111 in an online format. 112 (a) By January 1, 2025, and annually thereafter, the 113 department shall submit a report to the President of the Senate 114 and the Speaker of the House of Representatives which must 115 include the current policies and procedures for administering a 116 lethality assessment, any proposed statutory changes necessary 117 for statewide implementation, and any proposed changes to the 118 lethality assessment or the lethality assessment form to 119 maintain compliance with evidence-based standards. 120 (b) By October 1, 2026, all law enforcement officers who 121 respond to or investigate crimes of domestic violence must be 122 trained on the policies and procedures for administering a 123 lethality assessment. A law enforcement officer may not 124 administer a lethality assessment to a victim if the officer has 125 not received training on administering a lethality assessment. 126 (c) To administer a lethality assessment, a law enforcement 127 officer shall ask the victim, in the same or similar wording and 128 in the same order, all of the following questions: 129 1. Did the aggressor ever use a weapon against you or 130 threaten you with a weapon? 131 2. Did the aggressor ever threaten to kill you or your 132 children? 133 3. Do you believe the aggressor will try to kill you? 134 4. Has the aggressor ever choked you or attempted to choke 135 you? 136 5. Does the aggressor have a gun or could the aggressor 137 easily obtain a gun? 138 6. Is the aggressor violently or constantly jealous, or 139 does the aggressor control most of your daily activities? 140 7. Did you leave or separate from the aggressor after you 141 were living together or married? 142 8. Is the aggressor unemployed? 143 9. To the best of your knowledge, has the aggressor ever 144 attempted suicide? 145 10. Do you have a child whom the aggressor believes is not 146 the aggressor’s biological child? 147 11. Has the aggressor ever followed, spied on, or left 148 threatening messages for you? 149 12. Is there anything else that worries you about your 150 safety and, if so, what worries you? 151 (d) A law enforcement officer shall advise a victim of the 152 results of the assessment and refer the victim to the nearest 153 locally certified domestic violence center if: 154 1. The victim answers affirmatively to any of the questions 155 provided in subparagraphs (c)1.-4.; 156 2. The victim answers negatively to the questions provided 157 in subparagraphs (c)1.-4., but affirmatively to at least four of 158 the questions provided in subparagraphs (c)5.-11.; or 159 3. As a result of the victim’s response to subparagraph 160 (c)12., the law enforcement officer believes the victim is in a 161 potentially lethal situation. 162 (e) If a victim does not, or is unable to, provide 163 information to a law enforcement officer sufficient to allow the 164 law enforcement officer to administer a lethality assessment, 165 the law enforcement officer must document the lack of a 166 lethality assessment in the written police report required in 167 subsection (3) and refer the victim to the nearest locally 168 certified domestic violence center. 169 (f) A law enforcement officer may not include in a probable 170 cause statement, written police report, or incident report the 171 domestic violence center to which a victim was referred. 172 (3)(2)When a law enforcement officer investigates an 173 allegation that an incident of domestic violence has occurred, 174 the officer shall handle the incident pursuant to the arrest 175 policy provided in s. 901.15(7), and as developed in accordance 176 with subsections (4), (5), and (6)(3),(4), and(5). Regardless 177 of whetheror notan arrest is made, the officer shall make a 178 written police report that is complete and clearly indicates the 179 alleged offense was an incident of domestic violence. Such 180 report mustshallbe given to the officer’s supervisor and filed 181 with the law enforcement agency in a manner that will permit 182 data on domestic violence cases to be compiled. Such report must 183 include all of the following: 184 (a) A description of physical injuries observed, if any. 185 (b) If a law enforcement officer decides not to make an 186 arrest or decides to arrest two or more parties,the officer187shall include in the reportthe grounds for not arresting anyone 188 or for arresting two or more parties. 189 (c) A statement which indicates that a copy of the legal 190 rights and remedies notice was given to the victim. 191 (d) A notation of the score of a lethality assessment, if 192 one was administered pursuant to paragraph (1)(c). 193 194 Whenever possible, the law enforcement officer shall obtain a 195 written statement from the victim and witnesses concerning the 196 alleged domestic violence. The officer shall submit the report 197 to the supervisor or other person to whom the employer’s rules 198 or policies require reports of similar allegations of criminal 199 activity to be made. The law enforcement agency shall, without 200 charge, send a copy of the initial police report, as well as any 201 subsequent, supplemental, or related report, which excludes 202 victim/witness statements or other materials that are part of an 203 active criminal investigation and are exempt from disclosure 204 under chapter 119, to the nearest locally certified domestic 205 violence center within 24 hours after the agency’s receipt of 206 the report. The report furnished to the domestic violence center 207 must include a narrative description of the domestic violence 208 incident. 209 (4)(3)Whenever a law enforcement officer determines upon 210 probable cause that an act of domestic violence has been 211 committed within the jurisdiction the officer may arrest the 212 person or persons suspected of its commission and charge such 213 person or persons with the appropriate crime. The decision to 214 arrest and charge shall not require consent of the victim or 215 consideration of the relationship of the parties. 216 (5)(a)(4)(a)When complaints are received from two or more 217 parties, the officers shall evaluate each complaint separately 218 to determine whether there is probable cause for arrest. 219 (b) If a law enforcement officer has probable cause to 220 believe that two or more persons have committed a misdemeanor or 221 felony, or if two or more persons make complaints to the 222 officer, the officer mustshalltry to determine who was the 223 primary aggressor. Arrest is the preferred response only with 224 respect to the primary aggressor and not the preferred response 225 with respect to a person who acts in a reasonable manner to 226 protect or defend oneself or another family or household member 227 from domestic violence. 228 (6)(5)ANolaw enforcement officer may notshallbe held 229 liable, in any civil action, for an arrest based on probable 230 cause, enforcement in good faith of a court order, or service of 231 process in good faith under this chapter arising from an alleged 232 incident of domestic violence brought by any party to the 233 incident. 234 (7)(6)A person who willfully violates a condition of 235 pretrial release provided in s. 903.047, when the original 236 arrest was for an act of domestic violence as defined in s. 237 741.28, commits a misdemeanor of the first degree, punishable as 238 provided in s. 775.082 or s. 775.083, and shall be held in 239 custody until his or her first appearance. 240 Section 2. For the purpose of incorporating the amendment 241 made by this act to section 741.29, Florida Statutes, in a 242 reference thereto, section 39.906, Florida Statutes, is 243 reenacted to read: 244 39.906 Referral to centers and notice of rights.—Any law 245 enforcement officer who investigates an alleged incident of 246 domestic violence shall advise the victim of such violence that 247 there is a domestic violence center from which the victim may 248 receive services. The law enforcement officer shall give the 249 victim immediate notice of the legal rights and remedies 250 available in accordance with the provisions of s. 741.29. 251 Section 3. This act shall take effect July 1, 2024.