House Bill 3373e1

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                                       CS/HB 3373, First Engrossed



  1                      A bill to be entitled

  2         An act relating to pretrial detention; amending

  3         s. 907.041, F.S.; revising criteria for

  4         pretrial detention; deleting requirement for

  5         additional court findings for pretrial

  6         detention; permitting pretrial detention for

  7         any violation of conditions of pretrial release

  8         or bond which, in the discretion of the court,

  9         supports a finding that no condition of release

10         can reasonably protect the community from

11         physical harm, assure the presence of the

12         accused at trial, or assure the integrity of

13         the judicial process; deleting limitation upon

14         detention period when detention is based on

15         threat of harm to the community; authorizing a

16         court to detain a defendant at a bail hearing

17         without separate hearing or motion for pretrial

18         detention; authorizing the state to orally move

19         for pretrial detention anytime the defendant is

20         before the court for a bail hearing; providing

21         for construction; repealing Rules 3.131 and

22         3.132, Florida Rules of Criminal Procedure,

23         relating to pretrial release and pretrial

24         detention, to the extent of inconsistency with

25         the act; amending s. 901.31, F.S.; providing an

26         effective date.

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

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30         Section 1.  Subsection (4) of section 907.041, Florida

31  Statutes, is amended to read:


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                                       CS/HB 3373, First Engrossed



  1         907.041  Pretrial detention and release.--

  2         (4)  PRETRIAL DETENTION.--

  3         (a)  As used in this subsection, "dangerous crime"

  4  means any of the following:

  5         1.  Arson;

  6         2.  Aggravated assault;

  7         3.  Aggravated battery;

  8         4.  Illegal use of explosives;

  9         5.  Child abuse or aggravated child abuse;

10         6.  Abuse of an elderly person or disabled adult; or

11  aggravated abuse of an elderly person or disabled adult;

12         7.  Hijacking;

13         8.  Kidnapping;

14         9.  Homicide;

15         10.  Manslaughter;

16         11.  Sexual battery;

17         12.  Robbery;

18         13.  Carjacking;

19         14.  Lewd, lascivious, or indecent assault or act upon

20  or in presence of a child under the age of 16 years;

21         15.  Sexual activity with a child, who is 12 years of

22  age or older but less than 18 years of age, by or at

23  solicitation of person in familial or custodial authority;

24         16.  Burglary of a dwelling;

25         17.  Stalking and aggravated stalking;

26         18.  Act of domestic violence as defined in s. 741.28;

27  and

28         19.  Attempting or conspiring to commit any such crime;

29  and home-invasion robbery.

30         (b)  The court may order pretrial detention if it finds

31  a substantial probability, based on a defendant's past and


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                                       CS/HB 3373, First Engrossed



  1  present patterns of behavior, the criteria in s. 903.046, and

  2  any other relevant facts, that any of the following

  3  circumstances exists:

  4         1.  The defendant has previously violated conditions of

  5  release and that no further conditions of release are

  6  reasonably likely to assure the defendant's appearance at

  7  subsequent proceedings;

  8         2.  The defendant, with the intent to obstruct the

  9  judicial process, has threatened, intimidated, or injured any

10  victim, potential witness, juror, or judicial officer, or has

11  attempted or conspired to do so, or that no condition of

12  release will reasonably prevent the obstruction of the

13  judicial process;

14         3.  The defendant is charged with trafficking in

15  controlled substances as defined by s. 893.135, that there is

16  a substantial probability that the defendant has committed the

17  offense, and that no conditions of release will reasonably

18  assure the defendant's appearance at subsequent criminal

19  proceedings; or

20         4.  The defendant poses the threat of harm to the

21  community.  The court may so conclude if it finds that the

22  defendant is presently charged with a dangerous crime, that

23  there is a substantial probability that the defendant

24  committed such crime, that the factual circumstances of the

25  crime indicate a disregard for the safety of the community,

26  and that there are no conditions of release reasonably

27  sufficient to protect the community from the risk of physical

28  harm to persons. In addition, the court must find that at

29  least one of the following conditions is present:

30         a.  The defendant has previously been convicted of a

31  crime punishable by death or life imprisonment.


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                                       CS/HB 3373, First Engrossed



  1         b.  The defendant has been convicted of a dangerous

  2  crime within the 10 years immediately preceding the date of

  3  his or her arrest for the crime presently charged.

  4         5.c.  The defendant was is on probation, parole, or

  5  other release pending completion of sentence or on pretrial

  6  release for a dangerous crime at the time of the current

  7  offense was committed arrest.

  8         6.  The defendant has violated one or more conditions

  9  of pretrial release or bond for the offense currently before

10  the court and the violation, in the discretion of the court,

11  supports a finding that no conditions of release can

12  reasonably protect the community from risk of physical harm to

13  persons, assure the presence of the accused at trial.

14         (c)  When a person charged with a crime for which

15  pretrial detention could be ordered is arrested, the arresting

16  agency shall promptly notify the state attorney of the arrest

17  and shall provide the state attorney with such information as

18  the arresting agency has obtained relative to:

19         1.  The nature and circumstances of the offense

20  charged;

21         2.  The nature of any physical evidence seized and the

22  contents of any statements obtained from the defendant or any

23  witness;

24         3.  The defendant's family ties, residence, employment,

25  financial condition, and mental condition; and

26         4.  The defendant's past conduct and present conduct,

27  including any record of convictions, previous flight to avoid

28  prosecution, or failure to appear at court proceedings.

29         (d)  When a person charged with a crime for which

30  pretrial detention could be ordered is arrested, the arresting

31  agency may detain such defendant, prior to the filing by the


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                                       CS/HB 3373, First Engrossed



  1  state attorney of a motion seeking pretrial detention, for a

  2  period not to exceed 24 hours.

  3         (e)  The court shall order detention only after a

  4  pretrial detention hearing.  The pretrial detention hearing

  5  shall be held within 5 days of the filing by the state

  6  attorney of a complaint to seek pretrial detention.  The

  7  defendant may request a continuance.  No continuance shall be

  8  for longer than 5 days unless there are extenuating

  9  circumstances. The defendant may be detained pending the

10  hearing.  The state attorney shall be entitled to one

11  continuance for good cause.

12         (f)  The state attorney has the burden of showing the

13  need for pretrial detention.

14         (g)  The defendant is entitled to be represented by

15  counsel, to present witnesses and evidence, and to

16  cross-examine witnesses.  The court may admit relevant

17  evidence without complying with the rules of evidence, but

18  evidence secured in violation of the United States

19  Constitution or the Constitution of the State of Florida shall

20  not be admissible.  No testimony by the defendant shall be

21  admissible to prove guilt at any other judicial proceeding,

22  but such testimony may be admitted in an action for perjury,

23  based upon the defendant's statements made at the pretrial

24  detention hearing, or for impeachment.

25         (h)  The pretrial detention order of the court shall be

26  based solely upon evidence produced at the hearing and shall

27  contain findings of fact and conclusions of law to support it.

28  The order shall be made either in writing or orally on the

29  record. The court shall render its findings within 24 hours of

30  the pretrial detention hearing.

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                                       CS/HB 3373, First Engrossed



  1         (i)  If ordered detained pending trial pursuant to

  2  subparagraph (b)4., the defendant may not be held for more

  3  than 90 days.  Failure of the state to bring the defendant to

  4  trial within that time shall result in the defendant's release

  5  from detention, subject to any conditions of release, unless

  6  the trial delay was requested or caused by the defendant or

  7  his or her counsel.

  8         (i)(j)  A defendant convicted at trial following the

  9  issuance of a pretrial detention order shall have credited to

10  his or her sentence, if imprisonment is imposed, the time the

11  defendant was held under the order, pursuant to s. 921.161.

12         (j)(k)  The defendant shall be entitled to dissolution

13  of the pretrial detention order whenever the court finds that

14  a subsequent event has eliminated the basis for detention.

15         (k)  Nothing in this section shall be construed to

16  require the filing of a motion for pretrial detention as a

17  condition precedent to detaining the defendant if the

18  defendant is brought before the court for a bail hearing.

19  Notwithstanding paragraph (e), the state may orally move for

20  pretrial detention any time a defendant is before the court

21  for a bail hearing.

22         Section 2.  Rules 3.131 and 3.132, Florida Rules of

23  Criminal Procedure, are hereby repealed to the extent that

24  they are inconsistent with this act.

25         Section 3.  Section 903.301, Florida Statutes, is

26  amended to read:

27         903.31  Canceling the bond.--

28         (1)  Within 10 business days after the conditions of a

29  bond have been satisfied or the forfeiture discharged or

30  remitted, the court shall order the bond canceled and, if the

31  surety has attached a certificate of cancellation to the


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                                       CS/HB 3373, First Engrossed



  1  original bond, shall furnish an executed certificate of

  2  cancellation to the surety without cost. An adjudication of

  3  guilt or innocence of the defendant shall satisfy the

  4  conditions of the bond.  The original appearance bond shall

  5  not be construed to guarantee deferred sentences, appearance

  6  during or after a presentence investigation, appearance during

  7  or after appeals, conduct during or appearance after admission

  8  to a pretrial intervention program, payment of fines, or

  9  attendance at educational or rehabilitation facilities the

10  court otherwise provides in the judgment.

11         (2)  In any case where no formal charges have been

12  brought against defendant within 365 days of arrest, the court

13  shall order the bond canceled unless good cause is shown by

14  the state.

15         Section 4.  This act shall take effect upon becoming a

16  law, except that section 2 shall take effect only if this act

17  is passed by the affirmative vote of two-thirds of the

18  membership of each house of the Legislature.

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