Gabby Petito-inspired domestic violence bill heads to Governor DeSantis' desk

WEST PALM BEACH, Fla. (CBS12) — Florida lawmakers are setting new guidelines for how law enforcement should handle domestic violence cases under what's being referred to as the Gabby Petito Act.

When West Palm Beach police officers are sent out on a domestic violence call, they're trained to do whatever it takes to make sure that the victim is safe. But not every case is black and white. Sometimes victims are scared to speak up or they downplay what's happening, which is where the guidelines brought forward in this proposed bill come into play.

"These are oftentimes some of the most unpredictable and potentially violent calls that police officers can respond to,” West Palm Beach Police Spokesperson Mike Jachles said. "If there's somebody that's injured, the other person is likely going to jail. I mean, that is a fact. Also, the victims are given domestic violence packets, and they are referred to get restraining orders."

But not all police agencies make the right call. In the Gabby Petito case, long before their names appeared in the headlines, police in Utah stopped her and her fiancé Brian Laundrie to investigate a fight between the couple. It was determined Petito was the aggressor. Ultimately, they were allowed to go free.

The stop was later reviewed by experts and revealed several unintentional mistakes made by officers, leading many to wonder if Gabby would be alive today had it been handled differently.

SB 1224 Protection of Children and Victims of Crime, while still awaiting the governor's signature, establishes a lethality assessment protocol (LAP) by requiring law enforcement to be trained on how to better understand if someone is at a high risk of serious injury or death.

It would be done by asking the 12 following questions:

1. Did the aggressor ever use a weapon against you or threaten you with a weapon?
2. Did the aggressor ever threaten to kill you or your children?
3. Do you believe the aggressor will try to kill you?
4. Has the aggressor ever choked you or attempted to choke you?
5. Does the aggressor have a gun or could the aggressor easily obtain a gun?
6. Is the aggressor violently or constantly jealous, or does the aggressor control most of your daily activities?
7. Did you leave or separate from the aggressor after you were living together or married?
8. Is the aggressor unemployed?
9. To the best of your knowledge, has the aggressor ever attempted suicide?
10. Do you have a child whom the aggressor believes is not the aggressor’s biological child?
11. Has the aggressor ever followed, spied on, or left threatening messages for you?
12. Is there anything else that worries you about your safety and, if so, what worries you?

If the victim answers “yes” to any of the first four questions, officers will then refer them to the nearest certified domestic violence shelter. The same rule applies even if they answer “no” to the first four questions but “yes” to at least four of questions five through 11.

“The 12 questions are very specific, that you would hope that that victim can answer honestly and upfront because that's, that's critical in the data. It's only as good as the information that we get,” Jachles said.

The bill, introduced by Sen. Colleen Burton (R-Lakeland) and co-sponsored by Sen. Erin Grall (R-Fort Pierce), has been backed heavily by Petito's family. According to them, this law could have saved their daughter's life.

See also: Suspects cornered at West Palm Beach facility; one still on the run

Officers will also be required to make a written police report that indicates the alleged offense was an incident of domestic violence, regardless of whether an arrest is made. That report must be given to the officer’s supervisor and filed with the law enforcement agency to allow data on domestic violence cases to be compiled.

If signed, the law would go into effect July 1, 2024.