Senate Bill 1128

    Florida Senate - 1998                                  SB 1128

    By Senator Grant





    13-826-98

  1                      A bill to be entitled

  2         An act relating to arrest; amending s. 901.02,

  3         F.S.; prescribing additional conditions under

  4         which an arrest warrant may be issued;

  5         providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 901.02, Florida Statutes, is

10  amended to read:

11         901.02  When warrant of arrest to be issued.--

12         (1)  A warrant may be issued for the arrest of the

13  person complained against if the magistrate, from the

14  examination of the complainant and other witnesses, reasonably

15  believes that the person complained against has committed an

16  offense within the magistrate's jurisdiction.

17         (2)  When a complaint is filed charging the commission

18  of a misdemeanor only and the summons issued to the defendant

19  is returned unserved, the court may issue a warrant for the

20  defendant's arrest setting bond at defendant's own

21  recognizance if the conditions in subsection (1) are met.

22         Section 2.  This act shall take effect July 1, 1998.

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25                          SENATE SUMMARY

26    Authorizes the issuance of an arrest warrant when a
      complaint charging the commission of a misdemeanor has
27    been filed and the summons issued to the defendant has
      been returned unserved.  In that case, bail will be set
28    at defendant's recognizance.

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