Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 936
       
       
       
       
       
       
                                Ì479128@Î479128                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2016           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as “The Wes Kleinert Fair
    6  Interview Act.”
    7         Section 2. Section 943.0439, Florida Statutes, is created
    8  to read:
    9         943.0439 Interviews of victims, suspects, or defendants
   10  with autism or an autism spectrum disorder.—A law enforcement
   11  officer, a correctional officer, or another public safety
   12  official shall, upon the request of an individual diagnosed with
   13  autism or an autism spectrum disorder or his or her parent or
   14  guardian, make a good faith effort to ensure that a
   15  psychiatrist, psychologist, mental health counselor, special
   16  education instructor, clinical social worker, or related
   17  professional is present at all interviews of the individual. The
   18  professional must have experience treating, teaching, or
   19  assisting patients or clients who have been diagnosed with
   20  autism or an autism spectrum disorder or related developmental
   21  disability or must be certified in special education with a
   22  concentration focused on persons with autism or an autism
   23  spectrum disorder. All expenses related to the attendance of the
   24  professional at interviews shall be borne by the requesting
   25  parent, guardian, or individual. Failure to have a professional
   26  as defined by this subsection present at the time of the
   27  interview is not a basis for suppression of the statement or the
   28  contents of the interview or for a cause of action against the
   29  law enforcement officer or agency. This subsection applies to
   30  such an individual who is the victim, a suspect, or a defendant
   31  formally accused of a crime.
   32         (2) Each law enforcement agency must ensure that
   33  appropriate policies are developed which implement this section
   34  and that training is provided to its law enforcement and
   35  correctional officers based on those policies.
   36         Section 3. This section shall take effect July 1, 2016.
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete everything before the enacting clause
   41  and insert:
   42                        A bill to be entitled                      
   43         An act relating to criminal justice system interviews
   44         of individuals with autism or an autism spectrum
   45         disorder; providing a short title; creating s.
   46         943.0439, F.S.; requiring a law enforcement officer,
   47         correctional officer, or another public safety
   48         official to make a good faith effort, upon the request
   49         of a parent, a guardian, or the individual, to ensure
   50         that specified professionals are present at all
   51         interviews of an individual diagnosed with autism or
   52         an autism spectrum disorder; providing specifications
   53         for the professional; specifying that the parent,
   54         guardian, or individual bears the expense of hiring
   55         the professional; specifying that not having a
   56         professional present is not a basis for suppressing
   57         statements or for bringing a cause of action;
   58         providing applicability; requiring law enforcement
   59         agencies to develop and implement appropriate policies
   60         and provide training; providing an effective date.