The Florida Senate

902.15  Undertaking by witness.

902.17  Procedure when witness does not give security.

902.19  When prosecutor liable for costs.

902.20  Contempts before committing magistrate.

902.21  Commitment to jail in another county.

902.15  Undertaking by witness.--When a defendant is held to answer on a charge for a crime punishable by death or life imprisonment, the magistrate at the preliminary hearing may require each material witness to enter into a written recognizance to appear at the trial or forfeit a sum fixed by the magistrate. Additional security may be required in the discretion of the magistrate.

History.--ss. 39, 40, ch. 19554, 1939; CGL 1940 Supp. 8663(39), (40); s. 16, ch. 70-339.

Note.--Former s. 902.16.

902.17  Procedure when witness does not give security.--

(1)  If a witness required to enter into a recognizance to appear refuses to comply with the order, the magistrate shall commit the witness to custody until she or he complies or she or he is legally discharged.

(2)  If the magistrate requires a witness to give security for her or his appearance and the witness is unable to give the security, the witness may apply to the court having jurisdiction to try the defendant for a reduction of the security.

(3)  If it appears from examination on oath of the witness or any other person that the witness is unable to give security, the magistrate or the court having jurisdiction to try the defendant shall make an order finding that fact, and the witness shall be detained pending application for her or his conditional examination. Within 3 days from the entry of the order, the witness shall be conditionally examined on application of the state or the defendant. The examination shall be by question and answer in the presence of the other party and counsel, and shall be transcribed by a court reporter or stenographer selected by the parties. At the completion of the examination the witness shall be discharged. The deposition of the witness may be introduced in evidence at the trial by the defendant, or, if the prosecuting attorney and the defendant and the defendant's counsel agree, it may be admitted in evidence by stipulation. The deposition shall not be admitted on behalf of the state without the consent of the defendant.

(4)  If a conditional examination is not made within 3 days, the witness shall be discharged.

(5)  A witness detained for conditional examination shall be entitled to fees as a witness for the period of her or his commitment.

History.--s. 41, ch. 19554, 1939; CGL 1940 Supp. 8663(41); s. 17, ch. 70-339; s. 1471, ch. 97-102.

902.19  When prosecutor liable for costs.--

(1)  When a person makes a complaint before a county court judge that a crime has been committed and is recognized by the county court judge to appear at the next term of the court having jurisdiction to give evidence of the crime and fails to appear, the person shall be liable for all costs occasioned by his or her complaint, and the county court judge may obtain a judgment and execution for the costs as in other cases.

(2)  A person who voluntarily appears before a grand jury, state attorney, or county court judge shall not be paid per diem or mileage as a witness unless the grand jury finds a true bill, the state attorney files an information, or the county court judge holds the party charged for trial.

(3)  A person who voluntarily appears or has himself or herself summoned before a county court judge as a witness on the trial of a misdemeanor shall not be paid per diem or mileage as a witness unless the trial results in a conviction of the defendant.

History.--s. 43, ch. 19554, 1939; CGL 1940 Supp. 8663(43); s. 2, ch. 67-427; s. 18, ch. 70-339; s. 34, ch. 73-334; s. 1472, ch. 97-102.

902.20  Contempts before committing magistrate.--A committing magistrate holding a preliminary hearing shall have the same power to punish for contempts that she or he has while presiding at the trial of criminal cases.

History.--RS 2795; GS 3845; RGS 5940; CGL 8206; s. 19, ch. 70-339; s. 1473, ch. 97-102.

Note.--Former s. 932.04.

902.21  Commitment to jail in another county.--If a person is committed in a county where there is no jail, the committing magistrate shall direct the sheriff to deliver the accused to a jail in another county.

History.--s. 7, ch. 6213, 1911; RS 2879; GS 3938; RGS 6039; CGL 8340; s. 20, ch. 70-339.

Note.--Former s. 932.39.