House Bill 3373e2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second 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
26 for cancellation of bond under certain
27 circumstances; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second Engrossed
1 Section 1. Subsection (4) of section 907.041, Florida
2 Statutes, is amended to read:
3 907.041 Pretrial detention and release.--
4 (4) PRETRIAL DETENTION.--
5 (a) As used in this subsection, "dangerous crime"
6 means any of the following:
7 1. Arson;
8 2. Aggravated assault;
9 3. Aggravated battery;
10 4. Illegal use of explosives;
11 5. Child abuse or aggravated child abuse;
12 6. Abuse of an elderly person or disabled adult; or
13 aggravated abuse of an elderly person or disabled adult;
14 7. Hijacking;
15 8. Kidnapping;
16 9. Homicide;
17 10. Manslaughter;
18 11. Sexual battery;
19 12. Robbery;
20 13. Carjacking;
21 14. Lewd, lascivious, or indecent assault or act upon
22 or in presence of a child under the age of 16 years;
23 15. Sexual activity with a child, who is 12 years of
24 age or older but less than 18 years of age, by or at
25 solicitation of person in familial or custodial authority;
26 16. Burglary of a dwelling;
27 17. Stalking and aggravated stalking;
28 18. Act of domestic violence as defined in s. 741.28;
29 and
30 19. Attempting or conspiring to commit any such crime;
31 and home-invasion robbery.
2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second Engrossed
1 (b) The court may order pretrial detention if it finds
2 a substantial probability, based on a defendant's past and
3 present patterns of behavior, the criteria in s. 903.046, and
4 any other relevant facts, that any of the following
5 circumstances exists:
6 1. The defendant has previously violated conditions of
7 release and that no further conditions of release are
8 reasonably likely to assure the defendant's appearance at
9 subsequent proceedings;
10 2. The defendant, with the intent to obstruct the
11 judicial process, has threatened, intimidated, or injured any
12 victim, potential witness, juror, or judicial officer, or has
13 attempted or conspired to do so, or that no condition of
14 release will reasonably prevent the obstruction of the
15 judicial process;
16 3. The defendant is charged with trafficking in
17 controlled substances as defined by s. 893.135, that there is
18 a substantial probability that the defendant has committed the
19 offense, and that no conditions of release will reasonably
20 assure the defendant's appearance at subsequent criminal
21 proceedings; or
22 4. The defendant poses the threat of harm to the
23 community. The court may so conclude if it finds that the
24 defendant is presently charged with a dangerous crime, that
25 there is a substantial probability that the defendant
26 committed such crime, that the factual circumstances of the
27 crime indicate a disregard for the safety of the community,
28 and that there are no conditions of release reasonably
29 sufficient to protect the community from the risk of physical
30 harm to persons. In addition, the court must find that at
31 least one of the following conditions is present:
3
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second Engrossed
1 a. The defendant has previously been convicted of a
2 crime punishable by death or life imprisonment.
3 b. The defendant has been convicted of a dangerous
4 crime within the 10 years immediately preceding the date of
5 his or her arrest for the crime presently charged.
6 5.c. The defendant was is on probation, parole, or
7 other release pending completion of sentence or on pretrial
8 release for a dangerous crime at the time of the current
9 offense was committed arrest.
10 6. The defendant has violated one or more conditions
11 of pretrial release or bond for the offense currently before
12 the court and the violation, in the discretion of the court,
13 supports a finding that no conditions of release can
14 reasonably protect the community from risk of physical harm to
15 persons or assure the presence of the accused at trial.
16 (c) When a person charged with a crime for which
17 pretrial detention could be ordered is arrested, the arresting
18 agency shall promptly notify the state attorney of the arrest
19 and shall provide the state attorney with such information as
20 the arresting agency has obtained relative to:
21 1. The nature and circumstances of the offense
22 charged;
23 2. The nature of any physical evidence seized and the
24 contents of any statements obtained from the defendant or any
25 witness;
26 3. The defendant's family ties, residence, employment,
27 financial condition, and mental condition; and
28 4. The defendant's past conduct and present conduct,
29 including any record of convictions, previous flight to avoid
30 prosecution, or failure to appear at court proceedings.
31
4
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second Engrossed
1 (d) When a person charged with a crime for which
2 pretrial detention could be ordered is arrested, the arresting
3 agency may detain such defendant, prior to the filing by the
4 state attorney of a motion seeking pretrial detention, for a
5 period not to exceed 24 hours.
6 (e) The court shall order detention only after a
7 pretrial detention hearing. The pretrial detention hearing
8 shall be held within 5 days of the filing by the state
9 attorney of a complaint to seek pretrial detention. The
10 defendant may request a continuance. No continuance shall be
11 for longer than 5 days unless there are extenuating
12 circumstances. The defendant may be detained pending the
13 hearing. The state attorney shall be entitled to one
14 continuance for good cause.
15 (f) The state attorney has the burden of showing the
16 need for pretrial detention.
17 (g) The defendant is entitled to be represented by
18 counsel, to present witnesses and evidence, and to
19 cross-examine witnesses. The court may admit relevant
20 evidence without complying with the rules of evidence, but
21 evidence secured in violation of the United States
22 Constitution or the Constitution of the State of Florida shall
23 not be admissible. No testimony by the defendant shall be
24 admissible to prove guilt at any other judicial proceeding,
25 but such testimony may be admitted in an action for perjury,
26 based upon the defendant's statements made at the pretrial
27 detention hearing, or for impeachment.
28 (h) The pretrial detention order of the court shall be
29 based solely upon evidence produced at the hearing and shall
30 contain findings of fact and conclusions of law to support it.
31 The order shall be made either in writing or orally on the
5
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second Engrossed
1 record. The court shall render its findings within 24 hours of
2 the pretrial detention hearing.
3 (i) If ordered detained pending trial pursuant to
4 subparagraph (b)4., the defendant may not be held for more
5 than 90 days. Failure of the state to bring the defendant to
6 trial within that time shall result in the defendant's release
7 from detention, subject to any conditions of release, unless
8 the trial delay was requested or caused by the defendant or
9 his or her counsel.
10 (i)(j) A defendant convicted at trial following the
11 issuance of a pretrial detention order shall have credited to
12 his or her sentence, if imprisonment is imposed, the time the
13 defendant was held under the order, pursuant to s. 921.161.
14 (j)(k) The defendant shall be entitled to dissolution
15 of the pretrial detention order whenever the court finds that
16 a subsequent event has eliminated the basis for detention.
17 (k) Nothing in this section shall be construed to
18 require the filing of a motion for pretrial detention as a
19 condition precedent to detaining the defendant if the
20 defendant is brought before the court for a bail hearing.
21 Notwithstanding paragraph (e), the state may orally move for
22 pretrial detention any time a defendant is before the court
23 for a bail hearing.
24 Section 2. Rules 3.131 and 3.132, Florida Rules of
25 Criminal Procedure, are hereby repealed to the extent that
26 they are inconsistent with this act.
27 Section 3. Section 903.301, Florida Statutes, is
28 amended to read:
29 903.31 Canceling the bond.--
30 (1) Within 10 business days after the conditions of a
31 bond have been satisfied or the forfeiture discharged or
6
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 3373, Second Engrossed
1 remitted, the court shall order the bond canceled and, if the
2 surety has attached a certificate of cancellation to the
3 original bond, shall furnish an executed certificate of
4 cancellation to the surety without cost. An adjudication of
5 guilt or innocence of the defendant shall satisfy the
6 conditions of the bond. The original appearance bond shall
7 not be construed to guarantee deferred sentences, appearance
8 during or after a presentence investigation, appearance during
9 or after appeals, conduct during or appearance after admission
10 to a pretrial intervention program, payment of fines, or
11 attendance at educational or rehabilitation facilities the
12 court otherwise provides in the judgment.
13 (2) In any case where no formal charges have been
14 brought against defendant within 365 days of arrest, the court
15 shall order the bond canceled unless good cause is shown by
16 the state.
17 Section 4. This act shall take effect upon becoming a
18 law, except that section 2 shall take effect only if this act
19 is passed by the affirmative vote of two-thirds of the
20 membership of each house of the Legislature.
21
22
23
24
25
26
27
28
29
30
31
7