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Florida senator files Gabby Petito Act, which aims to save domestic violence victims' lives

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TALLAHASSEE, Fla. — The legacy of Gabby Petito could live on in the State of Florida.

Her name now adorns a bill filed Wednesday that Mindy Murphy believes would save the lives of domestic violence victims.

“No family should have to go through what the Petito family went through,” said Murphy, the President and CEO of the Spring of Tampa Bay, which is a safe space that empowers the survivors of domestic violence and their children.

Petito, a 22-year-old who lived in Sarasota County, made national news in 2021 when police said she was killed by her boyfriend.

The pre-filed legislation, SB 610, would mandate law enforcement officers to complete a “lethality assessment form” during domestic violence investigations. Petito’s father, Joe Petito, is pushing for the change.

As Murphy explained, the lethality form is a list of yes-or-no questions that officers would ask victims — after a domestic violence incident — to determine how at-risk a victim is and if they should be referred to services that could save their life.

According to Murphy, multiple states already use the lethality assessment. Maryland’s version, which Murphy said has served as a benchmark for others, includes 11 questions, such as:

  • Has he/she ever used a weapon against you or threatened you with a weapon?
  • Has he/she threatened to kill you or your children?
  • Do you think he/she might try to kill you?
  • Does he/she have a gun or can he/she get one easily?
  • Has he/she ever tried to choke you?
  • Is he/she violently or constantly jealous or does he/she control most of your daily activities?

“The questions are designed to help determine how much risk a particular survivor has,” Murphy said. “Most domestic violence deaths are preventable.”
“Giving law enforcement officers a tool to not simply be living in the moment of the violence that just occurred but to be asking those follow-up questions can be the difference between a life and a death,” she continued. “It’s going to allow for law enforcement to ask those questions about what is the pattern of behavior over time.”

Sen. Lauren Book, a Democrat who represents part of Broward County, filed the legislation at the urging of Petito’s father, Joe Petito.

“I got that email into my senate email and called him immediately and literally cried on the phone and said to him, ‘Thank you for reminding me of why I’m here,’” Book said. “This is one of those things that will prevent death and homicide in an evidence-based way that will be uniform, so whether you’re in Brevard, Broward, or Vero — no matter where you are — you will be kept safe.”

Barbara Mellen, a domestic violence survivor, hopes fellow survivors will be included in crafting the legislation, formulating the list of questions, and training law enforcement on how to use them.

“It’s a good start. It’s a step in the right direction,” she said of the legislation. “I don’t think it’s enough.”

However, Mellen wholeheartedly hopes the bill becomes law.

“It should pass with flying colors,” she said.

During her period of abuse, while she credits one officer with saving her life, she said others did little more than provide her with some brochures about how to seek help.

Had Florida officers used the questions years ago, she said she may have left her abusive relationship faster.

“It might not be the step before the survivor leaves,” she said. “It might be the step before the step, but every time somebody works with the victim, that’s one more step closer to safety.”