Bill Text: FL S0946 | 2010 | Regular Session | Introduced

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Bill Title: Injunctions/Domestic/Repeat/Sexual/Dating Violence [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0946 Detail]

Download: Florida-2010-S0946-Introduced.html

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Florida Senate - 2010                                     SB 946 
 
By Senator Hill 
1-00674-10                                             2010946__ 
1                        A bill to be entitled 
2         An act relating to injunctions for protection against 
3         domestic violence, repeat violence, sexual violence, 
4         or dating violence; amending s. 741.29, F.S.; 
5         requiring a law enforcement officer, under certain 
6         circumstances, to arrest and keep in custody for a 
7         specified period a person who is suspected of domestic 
8         violence; requiring a law enforcement officer, under 
9         certain circumstances, to arrest and to keep in 
10         custody for a specified period a suspected primary 
11         aggressor in a case of domestic violence; amending ss. 
12         741.30 and 784.046, F.S.; requiring the court, under 
13         certain circumstances, to order the sheriff to take 
14         into custody and to keep in custody for a specified 
15         period the respondent of a petition for an injunction 
16         for protection against domestic violence or for an 
17         injunction for protection against repeat violence, 
18         sexual violence, or dating violence; requiring a law 
19         enforcement officer, under certain circumstances, to 
20         arrest and to keep in custody for a specified period a 
21         person who is suspected of dating violence or who is 
22         the primary aggressor in a case of dating violence; 
23         providing an effective date. 
24 
25  Be It Enacted by the Legislature of the State of Florida: 
26 
27         Section 1. Subsections (3) and (4) of section 741.29, 
28  Florida Statutes, are amended to read: 
29         741.29 Domestic violence; investigation of incidents; 
30  notice to victims of legal rights and remedies; reporting.— 
31         (3) Whenever a law enforcement officer determines upon 
32  probable cause that an act of domestic violence has been 
33  committed within the jurisdiction the officer may arrest the 
34  person or persons suspected of its commission and charge such 
35  person or persons with the appropriate crime. If it appears to 
36  the officer that an immediate and present danger of domestic 
37  violence exists and will continue, the officer shall take the 
38  person or persons suspected of domestic violence into custody 
39  and keep the person or persons in custody for 48 hours 
40  immediately after arresting the person or persons. The decision 
41  to arrest and charge does shall not require consent of the 
42  victim or consideration of the relationship of the parties. 
43         (4)(a) When complaints are received from two or more 
44  parties, the officers shall evaluate each complaint separately 
45  to determine whether there is probable cause for arrest. 
46         (b) If a law enforcement officer has probable cause to 
47  believe that two or more persons have committed a misdemeanor or 
48  felony, or if two or more persons make complaints to the 
49  officer, the officer shall try to determine who was the primary 
50  aggressor. Arrest is the preferred response only with respect to 
51  the primary aggressor and not the preferred response with 
52  respect to a person who acts in a reasonable manner to protect 
53  or defend himself or herself oneself or another family or 
54  household member from domestic violence. If it appears to the 
55  officer that an immediate and present danger of domestic 
56  violence exists and will continue, the officer shall take the 
57  primary aggressor into custody and keep the aggressor in custody 
58  for 48 hours immediately after arresting that person. 
59         Section 2. Subsection (5) of section 741.30, Florida 
60  Statutes, is amended to read: 
61         741.30 Domestic violence; injunction; powers and duties of 
62  court and clerk; petition; notice and hearing; temporary 
63  injunction; issuance of injunction; statewide verification 
64  system; enforcement.— 
65         (5)(a) If it appears to the court that an immediate and 
66  present danger of domestic violence exists, the court may grant 
67  a temporary injunction ex parte, pending a full hearing, and may 
68  grant such relief as the court deems proper, including an 
69  injunction: 
70         1. Restraining the respondent from committing any acts of 
71  domestic violence. 
72         2. Awarding to the petitioner the temporary exclusive use 
73  and possession of the dwelling that the parties share or 
74  excluding the respondent from the residence of the petitioner. 
75         3. On the same basis as provided in s. 61.13, providing the 
76  petitioner a temporary parenting plan, including a time-sharing 
77  schedule, which may award the petitioner up to 100 percent of 
78  the time-sharing. The temporary parenting plan remains in effect 
79  until the order expires or an order is entered by a court of 
80  competent jurisdiction in a pending or subsequent civil action 
81  or proceeding affecting the placement of, access to, parental 
82  time with, adoption of, or parental rights and responsibilities 
83  for the minor child. 
84         (b) If it appears to the court that an immediate and 
85  present danger of domestic violence exists and will continue, 
86  the court shall order the sheriff to take the respondent into 
87  custody and keep the respondent in custody for 48 hours 
88  immediately upon serving the respondent with the petition for an 
89  injunction for protection against domestic violence. 
90         (c)(b) In a hearing ex parte for the purpose of obtaining 
91  an such ex parte temporary injunction, no evidence other than 
92  verified pleadings or affidavits shall be used as evidence, 
93  unless the respondent appears at the hearing or has received 
94  reasonable notice of the hearing. A denial of a petition for an 
95  ex parte injunction must shall be by written order noting the 
96  legal grounds for denial. When the only ground for denial is no 
97  appearance of an immediate and present danger of domestic 
98  violence, the court shall set a full hearing on the petition for 
99  injunction with notice at the earliest possible time. Nothing 
100  herein affects a petitioner’s right to promptly amend any 
101  petition, or otherwise be heard in person on any petition 
102  consistent with the Florida Rules of Civil Procedure. 
103         (d)(c) An Any such ex parte temporary injunction is shall 
104  be effective for a fixed period not to exceed 15 days. A full 
105  hearing, as provided by this section, must shall be set for a 
106  date no later than the date when the temporary injunction ceases 
107  to be effective. The court may grant a continuance of the 
108  hearing before or during a hearing for good cause shown by any 
109  party, which must shall include a continuance to obtain service 
110  of process. Any injunction shall be extended if necessary to 
111  remain in full force and effect during any period of 
112  continuance. 
113         Section 3. Subsections (6), (13), and (14) of section 
114  784.046, Florida Statutes, are amended to read: 
115         784.046 Action by victim of repeat violence, sexual 
116  violence, or dating violence for protective injunction; dating 
117  violence investigations, notice to victims, and reporting; 
118  pretrial release violations.— 
119         (6)(a) When it appears to the court that an immediate and 
120  present danger of violence exists, the court may grant a 
121  temporary injunction which may be granted in an ex parte 
122  hearing, pending a full hearing, and may grant such relief as 
123  the court deems proper, including an injunction enjoining the 
124  respondent from committing any acts of violence. 
125         (b) When it appears to the court that an immediate and 
126  present danger of repeat violence, sexual violence, or dating 
127  violence exists and will continue, the court shall order the 
128  sheriff to take the respondent into custody and keep the 
129  respondent in custody for 48 hours immediately upon serving the 
130  respondent with the petition for protection against repeat 
131  violence, sexual violence, or dating violence. 
132         (c)(b) In a hearing ex parte for the purpose of obtaining a 
133  such temporary injunction, no evidence other than the verified 
134  pleading or affidavit shall be used as evidence, unless the 
135  respondent appears at the hearing or has received reasonable 
136  notice of the hearing. 
137         (d)(c) An Any such ex parte temporary injunction is shall 
138  be effective for a fixed period not to exceed 15 days. However, 
139  an ex parte temporary injunction granted under subparagraph 
140  (2)(c)2. is effective for 15 days following the date the 
141  respondent is released from incarceration. A full hearing, as 
142  provided by this section, must shall be set for a date no later 
143  than the date when the temporary injunction ceases to be 
144  effective. The court may grant a continuance of the ex parte 
145  injunction and the full hearing before or during a hearing, for 
146  good cause shown by any party. 
147         (13) Whenever a law enforcement officer determines upon 
148  probable cause that an act of dating violence has been committed 
149  within the jurisdiction, or that a person has violated a 
150  condition of pretrial release as provided in s. 903.047 and the 
151  original arrest was for an act of dating violence, the officer 
152  may arrest the person or persons suspected of its commission and 
153  charge such person or persons with the appropriate crime. If it 
154  appears to the officer that an immediate and present danger of 
155  dating violence exists and will continue, the officer shall take 
156  the person or persons suspected of dating violence into custody 
157  and keep the person or persons in custody for 48 hours 
158  immediately after arresting the person or persons. The decision 
159  to arrest and charge does shall not require consent of the 
160  victim or consideration of the relationship of the parties. 
161         (14)(a) When complaints are received from two or more 
162  parties, the officers shall evaluate each complaint separately 
163  to determine whether there is probable cause for arrest. 
164         (b) If a law enforcement officer has probable cause to 
165  believe that two or more persons have committed a misdemeanor or 
166  felony, or if two or more persons make complaints to the 
167  officer, the officer shall try to determine who was the primary 
168  aggressor. Arrest is the preferred response only with respect to 
169  the primary aggressor and not the preferred response with 
170  respect to a person who acts in a reasonable manner to protect 
171  or defend himself or herself or another family or household 
172  member from dating violence. If it appears to the officer that 
173  an immediate and present danger of dating violence exists and 
174  will continue, the officer shall take the primary aggressor into 
175  custody and keep the aggressor in custody for 48 hours 
176  immediately after arresting that person. 
177         Section 4. This act shall take effect July 1, 2010.