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: 26 741.29Domestic 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 officers 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 employers 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 agencys 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 officers 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 Justices 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.