| 1 | A bill to be entitled | 
| 2 | An act relating to dating violence; providing a short  | 
| 3 | title; amending s. 784.046, F.S.; revising provisions  | 
| 4 | relating to dating violence incidents to provide  | 
| 5 | requirements for investigations, notice to victims, and  | 
| 6 | reporting similar to those for incidents of domestic  | 
| 7 | violence and to apply certain immunity provisions  | 
| 8 | thereto; prohibiting certain willful violations of  | 
| 9 | conditions of pretrial release; providing penalties;  | 
| 10 | amending s. 901.15, F.S.; providing for warrantless  | 
| 11 | arrests of persons for dating violence; conforming  | 
| 12 | provisions; providing an effective date. | 
| 13 | 
  | 
| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
  | 
| 16 |      Section 1.  This act may be cited as the "Barwick-Ruschak  | 
| 17 | Act." | 
| 18 |      Section 2.  Subsection (11) of section 784.046, Florida  | 
| 19 | Statutes, is renumbered as subsection (16), and a new  | 
| 20 | subsection (11) and subsections (12), (13), (14), and (15) are  | 
| 21 | added to that section, to read: | 
| 22 |      784.046  Action by victim of repeat violence, sexual  | 
| 23 | violence, or dating violence for protective injunction; dating  | 
| 24 | violence investigations, notice to victims, and reporting;  | 
| 25 | pretrial release violations powers and duties of court and  | 
| 26 | clerk of court; filing and form of petition; notice and  | 
| 27 | hearing; temporary injunction; issuance; statewide  | 
| 28 | verification system; enforcement.-- | 
| 29 |      (11)  Any law enforcement officer who investigates an  | 
| 30 | alleged incident of dating violence shall assist the victim to  | 
| 31 | obtain medical treatment if such is required as a result of  | 
| 32 | the alleged incident to which the officer responds. Any law  | 
| 33 | enforcement officer who investigates an alleged incident of  | 
| 34 | dating violence shall advise the victim of such violence that  | 
| 35 | there is a domestic violence center from which the victim may  | 
| 36 | receive services. The law enforcement officer shall give the  | 
| 37 | victim immediate notice of the legal rights and remedies  | 
| 38 | available on a standard form developed and distributed by the  | 
| 39 | Department of Law Enforcement. As necessary, the Department of  | 
| 40 | Law Enforcement shall revise the Legal Rights and Remedies  | 
| 41 | Notice to Victims to include a general summary of this  | 
| 42 | section, using simple English as well as Spanish, and shall  | 
| 43 | distribute the notice as a model form to be used by all law  | 
| 44 | enforcement agencies throughout the state. The notice shall  | 
| 45 | include: | 
| 46 |      (a)  The resource listing, including telephone number,  | 
| 47 | for the area domestic violence center designated by the  | 
| 48 | Department of Children and Family Services; and | 
| 49 |      (b)  A copy of the following statement: "IF YOU ARE THE  | 
| 50 | VICTIM OF DATING VIOLENCE, you may ask the state attorney to  | 
| 51 | file a criminal complaint. You also have the right to go to  | 
| 52 | court and file a petition requesting an injunction for  | 
| 53 | protection from dating violence which may include, but need  | 
| 54 | not be limited to, provisions that restrain the abuser from  | 
| 55 | further acts of abuse; direct the abuser to leave your  | 
| 56 | household; and prevent the abuser from entering your  | 
| 57 | residence, school, business, or place of employment." | 
| 58 |      (12)  When a law enforcement officer investigates an  | 
| 59 | allegation that an incident of dating violence has occurred,  | 
| 60 | the officer shall handle the incident pursuant to the arrest  | 
| 61 | policy provided in s. 901.15(7), and as developed in  | 
| 62 | accordance with subsections (13), (14), and (16). Whether or  | 
| 63 | not an arrest is made, the officer shall make a written police  | 
| 64 | report that is complete and clearly indicates that the alleged  | 
| 65 | offense was an incident of dating violence. Such report shall  | 
| 66 | be given to the officer's supervisor and filed with the law  | 
| 67 | enforcement agency in a manner that will permit data on dating  | 
| 68 | violence cases to be compiled. Such report must include: | 
| 69 |      (a)  A description of physical injuries observed, if any. | 
| 70 |      (b)  If a law enforcement officer decides not to make an  | 
| 71 | arrest or decides to arrest two or more parties, the grounds  | 
| 72 | for not arresting anyone or for arresting two or more parties. | 
| 73 |      (c)  A statement which indicates that a copy of the legal  | 
| 74 | rights and remedies notice was given to the victim. | 
| 75 |  | 
| 76 | Whenever possible, the law enforcement officer shall obtain a  | 
| 77 | written statement from the victim and witnesses concerning the  | 
| 78 | alleged dating violence. The officer shall submit the report  | 
| 79 | to the supervisor or other person to whom the employer's rules  | 
| 80 | or policies require reports of similar allegations of criminal  | 
| 81 | activity to be made. The law enforcement agency shall, without  | 
| 82 | charge, send a copy of the initial police report, as well as  | 
| 83 | any subsequent, supplemental, or related report, which  | 
| 84 | excludes victim or witness statements or other materials that  | 
| 85 | are part of an active criminal investigation and are exempt  | 
| 86 | from disclosure under chapter 119, to the nearest locally  | 
| 87 | certified domestic violence center within 24 hours after the  | 
| 88 | agency's receipt of the report. The report furnished to the  | 
| 89 | domestic violence center must include a narrative description  | 
| 90 | of the dating violence incident. | 
| 91 |      (13)  Whenever a law enforcement officer determines upon  | 
| 92 | probable cause that an act of dating violence has been  | 
| 93 | committed within the jurisdiction, the officer may arrest the  | 
| 94 | person or persons suspected of its commission and charge such  | 
| 95 | person or persons with the appropriate crime. The decision to  | 
| 96 | arrest and charge shall not require consent of the victim or  | 
| 97 | consideration of the relationship of the parties. | 
| 98 |      (14)(a)  When complaints are received from two or more  | 
| 99 | parties, the officers shall evaluate each complaint separately  | 
| 100 | to determine whether there is probable cause for arrest. | 
| 101 |      (b)  If a law enforcement officer has probable cause to  | 
| 102 | believe that two or more persons have committed a misdemeanor  | 
| 103 | or felony, or if two or more persons make complaints to the  | 
| 104 | officer, the officer shall try to determine who was the  | 
| 105 | primary aggressor. Arrest is the preferred response only with  | 
| 106 | respect to the primary aggressor and not the preferred  | 
| 107 | response with respect to a person who acts in a reasonable  | 
| 108 | manner to protect or defend himself or herself or another  | 
| 109 | family or household member from dating violence. | 
| 110 |      (15)  A person who willfully violates a condition of  | 
| 111 | pretrial release provided in s. 903.047, when the original  | 
| 112 | arrest was for an act of dating violence as defined in this  | 
| 113 | section, commits a misdemeanor of the first degree, punishable  | 
| 114 | as provided in s. 775.082 or s. 775.083, and shall be held in  | 
| 115 | custody until his or her first appearance. | 
| 116 |      (16)(11)  A law enforcement officer acting in good faith  | 
| 117 | under this section and the officer's employing agency shall be  | 
| 118 | immune from all liability, civil or criminal, that might  | 
| 119 | otherwise be incurred or imposed by reason of the officer's or  | 
| 120 | agency's actions in carrying out the provisions of this  | 
| 121 | section. | 
| 122 |      Section 3.  Subsection (7) of section 901.15, Florida  | 
| 123 | Statutes, is amended to read: | 
| 124 |      901.15  When arrest by officer without warrant is  | 
| 125 | lawful.--A law enforcement officer may arrest a person without  | 
| 126 | a warrant when: | 
| 127 |      (7)  There is probable cause to believe that the person  | 
| 128 | has committed an act of domestic violence, as defined in s.  | 
| 129 | 741.28, or dating violence, as provided in s. 784.046. The  | 
| 130 | decision to arrest shall not require consent of the victim or  | 
| 131 | consideration of the relationship of the parties. It is the  | 
| 132 | public policy of this state to strongly discourage arrest and  | 
| 133 | charges of both parties for domestic violence or dating  | 
| 134 | violence on each other and to encourage training of law  | 
| 135 | enforcement and prosecutors in these areas this area. A law  | 
| 136 | enforcement officer who acts in good faith and exercises due  | 
| 137 | care in making an arrest under this subsection, under s.  | 
| 138 | 741.31(4) or s. 784.047, or pursuant to a foreign order of  | 
| 139 | protection accorded full faith and credit pursuant to s.  | 
| 140 | 741.315, is immune from civil liability that otherwise might  | 
| 141 | result by reason of his or her action. | 
| 142 |      Section 4.  This act shall take effect October 1, 2008. |