Bill Text: FL S0638 | 2024 | Regular Session | Comm Sub
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 CS for SB 638 By the Committee on Fiscal Policy; the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Grall 594-03637-24 2024638c3 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 upon certain circumstances; 23 requiring the Criminal Justice Standards and Training 24 Commission to require by rule that law enforcement 25 officers receive instruction on the policies and 26 procedures for administering a lethality assessment as 27 part of basic recruit training or required instruction 28 for continued employment; prohibiting a law 29 enforcement officer from administering a lethality 30 assessment if he or she has not received specified 31 training; requiring that basic recruit training 32 programs and continuing training or education 33 requirements incorporate such training, and that all 34 law enforcement officers successfully complete such 35 training, by a specified date; requiring law 36 enforcement agencies to place officers’ certification 37 on inactive status if they fail to timely complete the 38 required training; providing that such officers’ 39 certification remains inactive until they complete the 40 training and their employing agency notifies the 41 commission of such completion; requiring law 42 enforcement officers administering a lethality 43 assessment to ask a victim specified questions; 44 requiring law enforcement officers to advise the 45 victim of the results of the lethality assessment and 46 refer the victim to certain domestic violence centers 47 if certain conditions are met; requiring law 48 enforcement officers to document in the written police 49 report a victim’s refusal or inability to provide 50 information necessary for the lethality assessment; 51 prohibiting law enforcement officers from disclosing 52 in certain statements and reports the domestic 53 violence center to which the victim was referred; 54 requiring that written police reports for domestic 55 violence incidents include the results of the 56 lethality assessment, if one was administered; making 57 technical changes; reenacting s. 39.906, F.S., 58 relating to referral to domestic violence centers and 59 notice of rights, to incorporate the amendment made to 60 s. 741.29, F.S., in a reference thereto; providing an 61 effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Section 741.29, Florida Statutes, is amended to 66 read: 67 741.29 Domestic violence; investigation of incidents; 68 notice to victims of legal rights and remedies; reporting.— 69 (1) Any law enforcement officer who investigates an alleged 70 incident of domestic violence shall: 71 (a) Assist the victim to obtain medical treatment if such 72 is required as a result of the alleged incident to which the 73 officer responds;.Any law enforcement officer who investigates74an alleged incident of domestic violence shall75 (b) Advise the victim of such violence that there is a 76 domestic violence center from which the victim may receive 77 services;.78 (c) Administer a lethality assessment consistent with the 79 requirements established in subsection (2) if the allegation of 80 domestic violence is against an intimate partner, regardless of 81 whether an arrest is made; and 82 (d)The law enforcement officer shallGive the victim 83 immediate notice of the legal rights and remedies available on a 84 standard form developed and distributed by the department. As 85 necessary, the department shall revise the Legal Rights and 86 Remedies Notice to Victims to include a general summary of s. 87 741.30 using simple English as well as Spanish, and shall 88 distribute the notice as a model form to be used by all law 89 enforcement agencies throughout thisthestate. The notice must 90shallinclude: 91 1.(a)The resource listing, including telephone number, for 92 the area domestic violence center designated by the Department 93 of Children and Families; and 94 2.(b)A copy of the following statement: 95 96“IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may 97 ask the state attorney to file a criminal complaint. 98 You also have the right to go to court and file a 99 petition requesting an injunction for protection from 100 domestic violence which may include, but need not be 101 limited to, provisions which restrain the abuser from 102 further acts of abuse; direct the abuser to leave your 103 household; prevent the abuser from entering your 104 residence, school, business, or place of employment; 105 award you custody of your minor child or children; and 106 direct the abuser to pay support to you and the minor 107 children if the abuser has a legal obligation to do 108 so.”109 110 (2) The department shall consult with the Department of 111 Children and Families and at least one domestic violence 112 advocacy organization and may consult with the Florida Sheriffs 113 Association, the Florida Police Chiefs Association, and the 114 Florida Partnership to End Domestic Violence to develop the 115 policies, procedures, and training necessary for implementation 116 of a statewide evidence-based lethality assessment. Such 117 policies, procedures, and training must establish how to 118 determine whether a victim and aggressor are intimate partners 119 and establish a statewide process for referring a victim to a 120 certified domestic violence center. By January 1, 2025, the 121 department must adopt a statewide lethality assessment form that 122 includes all the information in paragraph (c). Training on how 123 to administer a lethality assessment and the approved lethality 124 assessment form must be accessible to a law enforcement officer 125 in an online format. 126 (a) The department must monitor evidence-based standards 127 relating to administering a lethality assessment or the 128 lethality assessment form. If the department identifies changes 129 in such evidence-based standards, the department shall submit a 130 report to the President of the Senate and the Speaker of the 131 House of Representatives which must include the current policies 132 and procedures for administering a lethality assessment, any 133 proposed statutory changes necessary for statewide 134 implementation, and any proposed changes to the lethality 135 assessment or the lethality assessment form to maintain 136 compliance with evidence-based standards. 137 (b) The Criminal Justice Standards and Training Commission 138 shall require by rule that all law enforcement officers receive 139 instruction on the policies and procedures for administering a 140 lethality assessment as part of basic recruit training or as 141 part of the required instruction for continued employment. A law 142 enforcement officer may not administer a lethality assessment to 143 a victim if the officer has not received training on 144 administering a lethality assessment. All of the following 145 requirements for training on administering a lethality 146 assessment must be met by October 1, 2026: 147 1. Commission-approved basic recruit training programs 148 required by s. 943.13(9) and continuing training or education 149 required by s. 943.135 must incorporate the training required by 150 this subsection. 151 2. All law enforcement officers must successfully complete 152 the training required by this subsection, including officers who 153 received an exemption from completing the commission-approved 154 basic recruit training program under s. 943.131, as part of 155 their basic recruit training or the continued training or 156 education required under s. 943.135(1), as applicable. An 157 officer’s employing agency must place the officer’s 158 certification on inactive status if the officer fails to 159 complete the training required under this subsection. The 160 officer’s certification will remain inactive until the officer 161 completes the training and the officer’s employing agency 162 notifies the commission that he or she has completed the 163 training. 164 (c) To administer a lethality assessment, a law enforcement 165 officer shall ask the victim, in the same or similar wording and 166 in the same order, all of the following questions: 167 1. Did the aggressor ever use a weapon against you or 168 threaten you with a weapon? 169 2. Did the aggressor ever threaten to kill you or your 170 children? 171 3. Do you believe the aggressor will try to kill you? 172 4. Has the aggressor ever choked you or attempted to choke 173 you? 174 5. Does the aggressor have a gun or could the aggressor 175 easily obtain a gun? 176 6. Is the aggressor violently or constantly jealous, or 177 does the aggressor control most of your daily activities? 178 7. Did you leave or separate from the aggressor after you 179 were living together or married? 180 8. Is the aggressor unemployed? 181 9. To the best of your knowledge, has the aggressor ever 182 attempted suicide? 183 10. Do you have a child whom the aggressor believes is not 184 the aggressor’s biological child? 185 11. Has the aggressor ever followed, spied on, or left 186 threatening messages for you? 187 12. Is there anything else that worries you about your 188 safety and, if so, what worries you? 189 (d) A law enforcement officer shall advise a victim of the 190 results of the assessment and refer the victim to the nearest 191 locally certified domestic violence center if: 192 1. The victim answers affirmatively to any of the questions 193 provided in subparagraphs (c)1.-4.; 194 2. The victim answers negatively to the questions provided 195 in subparagraphs (c)1.-4., but affirmatively to at least four of 196 the questions provided in subparagraphs (c)5.-11.; or 197 3. As a result of the victim’s response to subparagraph 198 (c)12., the law enforcement officer believes the victim is in a 199 potentially lethal situation. 200 (e) If a victim does not, or is unable to, provide 201 information to a law enforcement officer sufficient to allow the 202 law enforcement officer to administer a lethality assessment, 203 the law enforcement officer must document the lack of a 204 lethality assessment in the written police report required in 205 subsection (3) and refer the victim to the nearest locally 206 certified domestic violence center. 207 (f) A law enforcement officer may not include in a probable 208 cause statement, written police report, or incident report the 209 domestic violence center to which a victim was referred. 210 (3)(2)When a law enforcement officer investigates an 211 allegation that an incident of domestic violence has occurred, 212 the officer shall handle the incident pursuant to the arrest 213 policy provided in s. 901.15(7), and as developed in accordance 214 with subsections (4), (5), and (6)(3),(4), and(5). Regardless 215 of whetheror notan arrest is made, the officer shall make a 216 written police report that is complete and clearly indicates the 217 alleged offense was an incident of domestic violence. Such 218 report mustshallbe given to the officer’s supervisor and filed 219 with the law enforcement agency in a manner that will permit 220 data on domestic violence cases to be compiled. Such report must 221 include all of the following: 222 (a) A description of physical injuries observed, if any. 223 (b) If a law enforcement officer decides not to make an 224 arrest or decides to arrest two or more parties,the officer225shall include in the reportthe grounds for not arresting anyone 226 or for arresting two or more parties. 227 (c) A statement which indicates that a copy of the legal 228 rights and remedies notice was given to the victim. 229 (d) A notation of the score of a lethality assessment, if 230 one was administered pursuant to paragraph (1)(c). 231 232 Whenever possible, the law enforcement officer shall obtain a 233 written statement from the victim and witnesses concerning the 234 alleged domestic violence. The officer shall submit the report 235 to the supervisor or other person to whom the employer’s rules 236 or policies require reports of similar allegations of criminal 237 activity to be made. The law enforcement agency shall, without 238 charge, send a copy of the initial police report, as well as any 239 subsequent, supplemental, or related report, which excludes 240 victim/witness statements or other materials that are part of an 241 active criminal investigation and are exempt from disclosure 242 under chapter 119, to the nearest locally certified domestic 243 violence center within 24 hours after the agency’s receipt of 244 the report. The report furnished to the domestic violence center 245 must include a narrative description of the domestic violence 246 incident. 247 (4)(3)Whenever a law enforcement officer determines upon 248 probable cause that an act of domestic violence has been 249 committed within the jurisdiction the officer may arrest the 250 person or persons suspected of its commission and charge such 251 person or persons with the appropriate crime. The decision to 252 arrest and charge shall not require consent of the victim or 253 consideration of the relationship of the parties. 254 (5)(a)(4)(a)When complaints are received from two or more 255 parties, the officers shall evaluate each complaint separately 256 to determine whether there is probable cause for arrest. 257 (b) If a law enforcement officer has probable cause to 258 believe that two or more persons have committed a misdemeanor or 259 felony, or if two or more persons make complaints to the 260 officer, the officer mustshalltry to determine who was the 261 primary aggressor. Arrest is the preferred response only with 262 respect to the primary aggressor and not the preferred response 263 with respect to a person who acts in a reasonable manner to 264 protect or defend oneself or another family or household member 265 from domestic violence. 266 (6)(5)ANolaw enforcement officer may notshallbe held 267 liable, in any civil action, for an arrest based on probable 268 cause, enforcement in good faith of a court order, or service of 269 process in good faith under this chapter arising from an alleged 270 incident of domestic violence brought by any party to the 271 incident. 272 (7)(6)A person who willfully violates a condition of 273 pretrial release provided in s. 903.047, when the original 274 arrest was for an act of domestic violence as defined in s. 275 741.28, commits a misdemeanor of the first degree, punishable as 276 provided in s. 775.082 or s. 775.083, and shall be held in 277 custody until his or her first appearance. 278 Section 2. For the purpose of incorporating the amendment 279 made by this act to section 741.29, Florida Statutes, in a 280 reference thereto, section 39.906, Florida Statutes, is 281 reenacted to read: 282 39.906 Referral to centers and notice of rights.—Any law 283 enforcement officer who investigates an alleged incident of 284 domestic violence shall advise the victim of such violence that 285 there is a domestic violence center from which the victim may 286 receive services. The law enforcement officer shall give the 287 victim immediate notice of the legal rights and remedies 288 available in accordance with the provisions of s. 741.29. 289 Section 3. This act shall take effect July 1, 2024.