Florida Senate - 2024                                     SB 610
       
       
        
       By Senator Book
       
       
       
       
       
       35-00489C-24                                           2024610__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence investigations;
    3         providing a short title; amending s. 741.29, F.S.;
    4         requiring law enforcement officers to complete a
    5         lethality assessment form when investigating alleged
    6         incidents of domestic violence; providing requirements
    7         for completing the form; requiring the Department of
    8         Law Enforcement to approve a statewide lethality
    9         assessment form; providing requirements for the form;
   10         requiring the department to consult with specified
   11         entities on the policies, procedures, and training
   12         necessary to implement the use of the form; providing
   13         minimum requirements for such policies, procedures,
   14         and training; prohibiting law enforcement officers
   15         from using the form if they have not received certain
   16         training; making technical changes; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Gabby Petito Act.”
   22         Section 2. Present subsections (3) through (6) of section
   23  741.29, Florida Statutes, are redesignated as subsections (4)
   24  through (7), respectively, a new subsection (3) is added to that
   25  section, and subsection (2) of that section is amended, to read:
   26         741.29 Domestic violence; investigation of incidents;
   27  notice to victims of legal rights and remedies; reporting.—
   28         (2) When a law enforcement officer investigates an alleged
   29  allegation that an incident of domestic violence has occurred,
   30  the officer shall handle the incident pursuant to the arrest
   31  policy provided in s. 901.15(7), and as developed in accordance
   32  with subsections (3), (4), and (5), and (6). Regardless of
   33  whether or not an arrest is made, the officer shall make a
   34  written police report that is complete and clearly indicates the
   35  alleged offense was an incident of domestic violence. Such
   36  report must shall be given to the officer’s supervisor and filed
   37  with the law enforcement agency in a manner that will allow
   38  permit data on domestic violence cases to be compiled. Such
   39  report must include all of the following information:
   40         (a) A description of physical injuries observed, if any.
   41         (b) If a law enforcement officer decides not to make an
   42  arrest or decides to arrest two or more parties, the officer
   43  shall include in the report the grounds for not arresting anyone
   44  or for arresting two or more parties.
   45         (c) A statement that which indicates that a copy of the
   46  legal rights and remedies notice was given to the victim.
   47  
   48  Whenever possible, the law enforcement officer shall obtain a
   49  written statement from the victim and witnesses concerning the
   50  alleged domestic violence and. The officer shall submit the
   51  report to the supervisor or other person to whom the employer’s
   52  rules or policies require reports of similar allegations of
   53  criminal activity to be made. The law enforcement agency shall,
   54  without charge, send a copy of the initial police report, as
   55  well as any subsequent, supplemental, or related report, which
   56  excludes victim/witness statements or other materials that are
   57  part of an active criminal investigation and are exempt from
   58  disclosure under chapter 119, to the nearest locally certified
   59  domestic violence center within 24 hours after the agency’s
   60  receipt of the report. The report furnished to the domestic
   61  violence center must include a narrative description of the
   62  domestic violence incident.
   63         (3)(a) When a law enforcement officer investigates an
   64  alleged incident of domestic violence, the officer shall
   65  complete a lethality assessment form to evaluate the likelihood
   66  of serious injury or death. The personal identifying information
   67  of the offender and the results of the lethality assessment must
   68  be given to the officer’s supervisor and filed with the law
   69  enforcement agency in a manner that will allow data on domestic
   70  violence cases to be compiled.
   71         (b) The Department of Law Enforcement shall do all of the
   72  following:
   73         1. Approve a statewide lethality assessment form. The form
   74  must be an evidence-based assessment that has been reviewed and
   75  approved by the United States Department of Justice’s Office on
   76  Violence Against Women.
   77         2. Consult with the Department of Children and Families and
   78  at least one domestic violence advocacy organization to develop
   79  the policies, procedures, and training necessary to implement
   80  the use of the lethality assessment form.
   81         3. Consult with the Florida Sheriffs Association and the
   82  Florida Police Chiefs Association to determine the best
   83  practices for compiling and using the data described in
   84  paragraph (a) in a manner that will best assist law enforcement
   85  officers who regularly respond to or investigate crimes of
   86  domestic violence.
   87         (c) Each law enforcement officer who regularly responds to
   88  or investigates crimes of domestic violence must be trained on
   89  the policies and procedures for completing the form. A law
   90  enforcement officer may complete a lethality assessment form
   91  with a victim only after receiving such training.
   92         Section 3. This act shall take effect July 1, 2024.