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