Senate Bill 1592

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



    Florida Senate - 1999                                  SB 1592

    By Senator Campbell





    33-1149-99

  1                      A bill to be entitled

  2         An act relating to pretrial detention and

  3         release; amending s. 903.047, F.S.; providing

  4         conditions and procedures for revoking a

  5         defendant's pretrial release; amending s.

  6         907.041, F.S.; authorizing the court to revoke

  7         a defendant's pretrial release and require

  8         pretrial detention if the court finds that the

  9         defendant violated any condition of pretrial

10         release; providing an effective date.

11

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

13

14         Section 1.  Section 903.047, Florida Statutes, is

15  amended to read:

16         903.047  Conditions of pretrial release; violation and

17  revocation; procedure.--

18         (1)  As a condition of pretrial release, whether such

19  release is by surety bail bond or recognizance bond or in some

20  other form, the court shall require that:

21         (a)  The defendant refrain from criminal activity of

22  any kind; and

23         (b)  The defendant refrain from any contact of any type

24  with the victim, except through pretrial discovery pursuant to

25  the Florida Rules of Criminal Procedure.

26         (2)  Upon motion by the defendant when bail is set, or

27  upon later motion properly noticed pursuant to law, the court

28  may modify the condition required by paragraph (1)(b) if good

29  cause is shown and the interests of justice so require.  The

30  victim shall be permitted to be heard at any proceeding in

31  which such modification is considered, and the state attorney

                                  1

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






    Florida Senate - 1999                                  SB 1592
    33-1149-99




  1  shall notify the victim of the provisions of this subsection

  2  and of the pendency of any such proceeding.

  3         (3)  The court may revoke a defendant's pretrial

  4  release, whether such release is by surety bail bond,

  5  recognizance bond, or some other form of pretrial release, and

  6  order that the defendant be detained pending trial if the

  7  defendant violates a condition of paragraph (1)(a) or

  8  paragraph (1)(b), a court-ordered condition of bond, or other

  9  condition of pretrial release.

10         (4)  The court may revoke the pretrial release of the

11  defendant and order pretrial detention of the defendant after

12  a hearing in which the court finds that the defendant violated

13  any condition of his or her pretrial release, whether such

14  release is by surety bond, recognizance bond, or some other

15  form of pretrial release. The hearing on the pretrial-release

16  revocation must be held within 5 days after a motion by the

17  state attorney to revoke pretrial release. The defendant may

18  request a continuance. No continuance may be for longer than 5

19  days unless there are extenuating circumstances. The defendant

20  may be detained pending the hearing. The state attorney is

21  entitled to one continuance for good cause if the defendant is

22  detained pending the hearing.

23         (5)  The defendant is entitled to be represented by

24  counsel, to present witnesses and evidence, and to

25  cross-examine witnesses at the hearing for pretrial release

26  revocation. The court may admit relevant evidence without

27  complying with the rules of evidence, but evidence secured in

28  violation of the United States Constitution or the State

29  Constitution is not admissible. No testimony by the defendant

30  is admissible to prove guilt at any other judicial proceeding,

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

                                  2

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






    Florida Senate - 1999                                  SB 1592
    33-1149-99




  1  based upon the defendant's statements made at the

  2  pretrial-detention hearing, or for purposes of impeachment.

  3         (6)  The order of revocation of pretrial release which

  4  requires pretrial detention may be made either in writing or

  5  orally on the record. The court must render its findings

  6  within 24 hours after the hearing for revocation of pretrial

  7  release and pretrial detention.

  8         (7)  A defendant convicted at trial following the

  9  issuance of an order revoking pretrial release and ordering

10  pretrial detention shall have the time he or she was held in

11  detention under the order credited to his sentence, if

12  imprisonment is imposed under s. 921.161.

13         (8)  The defendant is entitled to dissolution of the

14  pretrial-detention order whenever the court finds that a

15  subsequent event has eliminated the basis for detention.

16         Section 2.  Subsection (5) is added to section 907.041,

17  Florida Statutes, to read:

18         907.041  Pretrial detention and release.--

19         (5)  If the court finds that a defendant violated any

20  condition of pretrial release, whether such release is by

21  surety bail bond, recognizance bond, or in some other form,

22  the court may revoke the defendant's pretrial release and

23  require pretrial detention under s. 903.047.

24         Section 3.  This act shall take effect July 1, 1999.

25

26            *****************************************

27                          SENATE SUMMARY

28    Provides conditions and procedures for revoking a
      defendant's pretrial release. Authorizes the court to
29    revoke a defendant's pretrial release and require
      pretrial detention if the court finds that the defendant
30    violated any condition of pretrial release.

31

                                  3