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
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Florida Senate - 1999 SB 1592
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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,
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Florida Senate - 1999 SB 1592
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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.
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3