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.