CODING: Words stricken are deletions; words underlined are additions.

House Bill 1301

Florida House of Representatives - 1997 HB 1301 By Representative Morroni 1 A bill to be entitled 2 An act relating to time limitations upon 3 commencement of criminal prosecutions; amending 4 s. 775.15, F.S.; providing that prosecution is 5 commenced upon filing of the charging document 6 when the defendant has previously been arrested 7 or served with summons on the charge; providing 8 that, when the defendant charged by information 9 or indictment with a crime in this state has 10 not been so arrested or served, the failure to 11 execute process or extradite the defendant in 12 another state does not constitute unreasonable 13 delay; providing for inapplicability of a 14 limitation upon prosecution of a defendant who 15 has been timely charged but not arrested due to 16 absence from the state or not extradited, under 17 specified circumstances; reenacting s. 18 119.011(3) and 517.302(4), F.S., relating to 19 the definition of "criminal intelligence 20 information" for purposes of public records, 21 and criminal prosecution for offenses under 22 chapter 517, the Florida Securities and 23 Investor Protection Act, to incorporate said 24 amendment in references; providing an effective 25 date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsections (5) and (6) of section 775.15, 30 Florida Statutes, 1996 Supplement, are amended to read: 31 775.15 Time limitations.-- 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1301 536-142-97 1 (5)(a) Prosecution on a charge on which the defendant 2 has previously been arrested or served with a summons is 3 commenced by the filing of an indictment, information, or 4 other charging document. 5 (b) A prosecution on a charge on which the defendant 6 has not previously been arrested or served with a summons is 7 commenced when either an indictment or information is filed, 8 provided the capias, summons, or other process issued on such 9 indictment or information is executed without unreasonable 10 delay. In determining what is reasonable, inability to locate 11 the defendant after diligent search or the defendant's absence 12 from the state shall be considered. The failure to execute 13 process on or extradite a defendant in another state who has 14 been charged by information or indictment with a crime in this 15 state shall not constitute an unreasonable delay. 16 (c) If, however, an indictment or information has been 17 filed within the time period prescribed in this section and 18 the indictment or information is dismissed or set aside 19 because of a defect in its content or form after the time 20 period has elapsed, the period for commencing prosecution 21 shall be extended 3 months from the time the indictment or 22 information is dismissed or set aside. 23 (6) The period of limitation does not run during any 24 time when the defendant is continuously absent from the state 25 or has no reasonably ascertainable place of abode or work 26 within the state., but in no case shall This provision shall 27 not extend the period of limitation otherwise applicable by 28 more than 3 years, but shall not be construed to limit the 29 prosecution of a defendant who has been timely charged by 30 indictment or information or other charging document and who 31 has not been arrested due to his or her absence from this 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1301 536-142-97 1 state or has not been extradited for prosecution from another 2 state. 3 Section 2. For the purpose of incorporating the 4 amendment to section 775.15, Florida Statutes, 1996 5 Supplement, in references thereto, the sections or 6 subdivisions of Florida Statutes set forth below are reenacted 7 to read: 8 119.011 Definitions.--For the purpose of this chapter: 9 (3)(a) "Criminal intelligence information" means 10 information with respect to an identifiable person or group of 11 persons collected by a criminal justice agency in an effort to 12 anticipate, prevent, or monitor possible criminal activity. 13 (b) "Criminal investigative information" means 14 information with respect to an identifiable person or group of 15 persons compiled by a criminal justice agency in the course of 16 conducting a criminal investigation of a specific act or 17 omission, including, but not limited to, information derived 18 from laboratory tests, reports of investigators or informants, 19 or any type of surveillance. 20 (c) "Criminal intelligence information" and "criminal 21 investigative information" shall not include: 22 1. The time, date, location, and nature of a reported 23 crime. 24 2. The name, sex, age, and address of a person 25 arrested or of the victim of a crime except as provided in s. 26 119.07(3)(f). 27 3. The time, date, and location of the incident and of 28 the arrest. 29 4. The crime charged. 30 5. Documents given or required by law or agency rule 31 to be given to the person arrested, except as provided in s. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1301 536-142-97 1 119.07(3)(f), and, except that the court in a criminal case 2 may order that certain information required by law or agency 3 rule to be given to the person arrested be maintained in a 4 confidential manner and exempt from the provisions of s. 5 119.07(1) until released at trial if it is found that the 6 release of such information would: 7 a. Be defamatory to the good name of a victim or 8 witness or would jeopardize the safety of such victim or 9 witness; and 10 b. Impair the ability of a state attorney to locate or 11 prosecute a codefendant. 12 6. Informations and indictments except as provided in 13 s. 905.26. 14 (d) The word "active" shall have the following 15 meaning: 16 1. Criminal intelligence information shall be 17 considered "active" as long as it is related to intelligence 18 gathering conducted with a reasonable, good faith belief that 19 it will lead to detection of ongoing or reasonably anticipated 20 criminal activities. 21 2. Criminal investigative information shall be 22 considered "active" as long as it is related to an ongoing 23 investigation which is continuing with a reasonable, good 24 faith anticipation of securing an arrest or prosecution in the 25 foreseeable future. 26 27 In addition, criminal intelligence and criminal investigative 28 information shall be considered "active" while such 29 information is directly related to pending prosecutions or 30 appeals. The word "active" shall not apply to information in 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1301 536-142-97 1 cases which are barred from prosecution under the provisions 2 of s. 775.15 or other statute of limitation. 3 517.302 Criminal penalties; alternative fine; 4 Anti-Fraud Trust Fund; time limitation for criminal 5 prosecution.-- 6 (4) Criminal prosecution for offenses under this 7 chapter is subject to the time limitations of s. 775.15. 8 Section 3. This act shall take effect October 1, 1997. 9 10 ***************************************** 11 HOUSE SUMMARY 12 Provides that prosecution is commenced upon filing of the 13 charging document when the defendant has previously been arrested or served with summons on the charge. Provides 14 that, when the defendant charged by information or indictment with a crime in this state has not been so 15 arrested or served, the failure to execute process or extradite the defendant in another state does not 16 constitute unreasonable delay. Provides for inapplicability of a 3-year limitation period upon 17 prosecution of a defendant who has been timely charged but not arrested due to absence from the state or not 18 extradited, under specified circumstances. 19 20 21 22 23 24 25 26 27 28 29 30 31 5