House Bill 1137

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    Florida House of Representatives - 2000                HB 1137

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to violations of probation or

  3         community control; amending s. 948.06, F.S.;

  4         providing for the period of probation or

  5         community control for an offender to be tolled

  6         following the filing of an affidavit alleging a

  7         violation of the probation or community

  8         control; providing for reinstatement of a

  9         previously imposed period of probation or

10         community control following dismissal of such

11         an affidavit; 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.  Subsection (1) of section 948.06, Florida

16  Statutes, is amended to read:

17         948.06  Violation of probation or community control;

18  revocation; modification; continuance; failure to pay

19  restitution or cost of supervision.--

20         (1)  Whenever within the period of probation or

21  community control there are reasonable grounds to believe that

22  a probationer or offender in community control has violated

23  his or her probation or community control in a material

24  respect, any law enforcement officer who is aware of the

25  probationary or community control status of the probationer or

26  offender in community control or any parole or probation

27  supervisor may arrest or request any county or municipal law

28  enforcement officer to arrest such probationer or offender

29  without warrant wherever found and forthwith return him or her

30  to the court granting such probation or community control. Any

31  committing magistrate may issue a warrant, upon the facts

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    Florida House of Representatives - 2000                HB 1137

    574-163A-00






  1  being made known to him or her by affidavit of one having

  2  knowledge of such facts, for the arrest of the probationer or

  3  offender, returnable forthwith before the court granting such

  4  probation or community control. Any parole or probation

  5  supervisor, any officer authorized to serve criminal process,

  6  or any peace officer of this state is authorized to serve and

  7  execute such warrant. Upon the filing of an affidavit alleging

  8  a violation of probation or community control, the

  9  probationary period is tolled until the violation is proven

10  and the offender's probation or community control is revoked,

11  modified, or continued. The court, upon the probationer or

12  offender being brought before it, shall advise him or her of

13  such charge of violation and, if such charge is admitted to be

14  true, may forthwith revoke, modify, or continue the probation

15  or community control or place the probationer into a community

16  control program. If probation or community control is revoked,

17  the court shall adjudge the probationer or offender guilty of

18  the offense charged and proven or admitted, unless he or she

19  has previously been adjudged guilty, and impose any sentence

20  which it might have originally imposed before placing the

21  probationer on probation or the offender into community

22  control. If such violation of probation or community control

23  is not admitted by the probationer or offender, the court may

24  commit him or her or release him or her with or without bail

25  to await further hearing, or it may dismiss the charge of

26  probation or community control violation. If such charge is

27  not at that time admitted by the probationer or offender and

28  if it is not dismissed, the court, as soon as may be

29  practicable, shall give the probationer or offender an

30  opportunity to be fully heard on his or her behalf in person

31  or by counsel. After such hearing, the court may revoke,

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    Florida House of Representatives - 2000                HB 1137

    574-163A-00






  1  modify, or continue the probation or community control or

  2  place the probationer into community control. If such

  3  probation or community control is revoked, the court shall

  4  adjudge the probationer or offender guilty of the offense

  5  charged and proven or admitted, unless he or she has

  6  previously been adjudged guilty, and impose any sentence which

  7  it might have originally imposed before placing the

  8  probationer or offender on probation or into community

  9  control. If, after a hearing, the court dismisses an affidavit

10  alleging a violation of probation or community control, the

11  offender's probation or community control shall continue as

12  previously imposed, notwithstanding any period the probation

13  or community control was tolled.

14         Section 2.  This act shall take effect July 1, 2000.

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17                          SENATE SUMMARY

18    Provides that if an affidavit is filed alleging an
      offender violated his or her probation or community
19    control, the probationary period is tolled until the
      court revokes, modifies, or continues the offender's
20    probation or community control. Provides for the
      probationary period to be reinstated if the court
21    dismisses the affidavit alleging the violation.

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