Senate Bill 0738c1

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    Florida Senate - 1999                            CS for SB 738

    By the Committee on Criminal Justice and Senator Campbell





    307-1700-99

  1                      A bill to be entitled

  2         An act relating to arrests; amending s. 901.02,

  3         F.S., relating to issuance of arrest warrants;

  4         providing that a warrant is issued at the time

  5         it is signed by the magistrate; providing that

  6         the court may issue a warrant for the

  7         defendant's arrest under specified

  8         circumstances when a complaint has been filed

  9         charging the commission of a misdemeanor only

10         and the summons issued to the defendant is

11         returned unserved; creating s. 901.36, F.S.;

12         prohibiting a person who has been arrested or

13         lawfully detained by a law enforcement officer

14         from giving a false name or otherwise falsely

15         identifying himself or herself to the law

16         enforcement officer or county jail personnel;

17         providing penalties; providing for an increased

18         penalty if a person is adversely affected by

19         the unlawful use of the person's name or other

20         identification; permitting the adversely

21         affected person to obtain court orders to

22         correct public records under specified

23         circumstances; authorizing issuance of such

24         court orders by the sentencing court; providing

25         for restitution orders; providing an effective

26         date.

27

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

29

30         Section 1.  Section 901.02, Florida Statutes, is

31  amended to read:

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    Florida Senate - 1999                            CS for SB 738
    307-1700-99




  1         901.02  When warrant of arrest to be issued.--

  2         (1)  A warrant may be issued for the arrest of the

  3  person complained against if the magistrate, from the

  4  examination of the complainant and other witnesses, reasonably

  5  believes that the person complained against has committed an

  6  offense within the magistrate's jurisdiction. A warrant is

  7  issued at the time it is signed by the magistrate.

  8         (2)  The court may issue a warrant for the defendant's

  9  arrest when all of the following circumstances apply:

10         (a)  A complaint has been filed charging the commission

11  of a misdemeanor only;

12         (b)  The summons issued to the defendant has been

13  returned unserved; and

14         (c)  The conditions of subsection (1) are met.

15         Section 2.  Section 901.36, Florida Statutes, is

16  created to read:

17         901.36  Prohibition against giving false name or false

18  identification by person arrested or lawfully detained;

19  penalties; court orders.--

20         (1)  It is unlawful for a person who has been arrested

21  or lawfully detained by a law enforcement officer to give a

22  false name, or otherwise falsely identify himself or herself

23  in any way, to the law enforcement officer or any county jail

24  personnel. Except as provided in subsection (2), any person

25  who violates this subsection commits a misdemeanor of the

26  first degree, punishable as provided in s. 775.082 or s.

27  775.083.

28         (2)  A person who violates subsection (1), if such

29  violation results in another person being adversely affected

30  by the unlawful use of his or her name or other

31  identification, commits a felony of the third degree,

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






    Florida Senate - 1999                            CS for SB 738
    307-1700-99




  1  punishable as provided in s. 775.082, s. 775.083, or s.

  2  775.084.

  3         (3)(a)  In sentencing a person for violation of this

  4  section, a court may order restitution.

  5         (b)  The sentencing court may issue such orders as are

  6  necessary to correct any public record because it contains a

  7  false name or other false identification information given in

  8  violation of this section.

  9         (c)  Upon application to the court, a person adversely

10  affected by the unlawful use of his or her name or other

11  identification in violation of this section may obtain from

12  the court orders necessary to correct any public record, as

13  described in paragraph (b).

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

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 738

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19  -     Provides that a warrant is issued when it is signed by
          the magistrate.
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    -     Provides that it is a third degree felony for a person
21        to provide a false name or otherwise false
          identification to a law enforcement officer or county
22        jail personnel if such act results in adversely
          affecting another person.
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