House Bill 0107c1

    Florida House of Representatives - 2000              CS/HB 107

        By the Committee on Judiciary and Representative Rayson






  1                      A bill to be entitled

  2         An act relating to pretrial detention and

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

  4         for revoking a defendant's pretrial release and

  5         providing for a defendant's pretrial detention

  6         under certain circumstances; amending s.

  7         907.041, F.S.; authorizing the court to revoke

  8         a defendant's pretrial release and require

  9         pretrial detention if the court finds that the

10         defendant violated any condition of pretrial

11         release; providing an effective date.

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

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15         Section 1.  Section 903.047, Florida Statutes, is

16  amended to read:

17         903.047  Conditions of pretrial release; revocation and

18  detention.--

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

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

21  other form, the court shall require that:

22         (a)  The defendant refrain from criminal activity of

23  any kind; and

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

25  with the victim, except through pretrial discovery pursuant to

26  the Florida Rules of Criminal Procedure.

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

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

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

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

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

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






    Florida House of Representatives - 2000              CS/HB 107

    687-125-00






  1  which such modification is considered, and the state attorney

  2  shall notify the victim of the provisions of this subsection

  3  and of the pendency of any such proceeding.

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

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

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

  7  order that the defendant be detained pending trial if the

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

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

10  condition of pretrial release.

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

12  Florida Statutes, to read:

13         907.041  Pretrial detention and release.--

14         (5)  REVOCATION OF PRETRIAL RELEASE.--If the court

15  finds that a defendant violated any condition of pretrial

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

17  recognizance bond, or in some other form, the court may revoke

18  the defendant's pretrial release and require pretrial

19  detention under s. 903.047.

20         Section 3.  This act shall take effect July 1, 2000.

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