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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 134

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 8, lines 4-12, delete those lines

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16  and insert:  release.--Notwithstanding s. 907.041 and s.

17  903.047, a court may, on its own motion, revoke pretrial

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

19  recognizance bond, or some other form or pretrial release, and

20  order pretrial detention if the court finds clear and

21  convincing evidence to believe that the defendant violated a

22  condition of s. 903.047(1)(a) or (b), a court-ordered

23  condition of bond, or other condition of pretrial release.

24         (1)  The court may revoke the pretrial release of the

25  defendant and order pretrial detention of the defendant after

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

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

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

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

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

31  state attorney to revoke pretrial release. The defendant may

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 134

    Amendment No.    





 1  request a continuance. A continuance may not be granted for

 2  longer than 5 days unless there are extenuating circumstances.

 3  The defendant may be detained pending the hearing. The state

 4  attorney is entitled to one continuance for good cause if the

 5  defendant is detained pending the hearing.

 6         (2)  The defendant is entitled to be represented by

 7  counsel, to present witnesses and evidence, and to

 8  cross-examine witnesses at the hearing for revocation of

 9  pretrial release. The court may admit relevant evidence

10  without complying with the rules of evidence, but evidence

11  secured in violation of the United States Constitution or the

12  State Constitution is not admissible. Testimony by the

13  defendant is not admissible to prove guilt at any other

14  judicial proceeding, but such testimony may be admitted in an

15  action for perjury, based upon the defendant's statements made

16  at the pretrial-detention hearing, or for purposes of

17  impeachment.

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

19  requires pretrial detention may be made in writing or orally

20  on the record. The court must render its findings within 24

21  hours after the hearing for revocation of pretrial release and

22  pretrial detention.

23         (4)  A defendant convicted at trial following the

24  issuance of an order revoking pretrial release and ordering

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

26  detention under the order credited to his sentence, if

27  imprisonment is imposed under s. 921.161.

28         (5)  The defendant is entitled to dissolution of the

29  pretrial-detention order whenever the court finds that a

30  subsequent event has eliminated the basis for detention.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 134

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, lines 10-13, delete those lines

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 5  and insert:

 6         903.0471, F.S.; authorizing a court to revoke a

 7         defendant's pretrial release and order pretrial

 8         detention if the court finds that the defendant

 9         violated any condition of pretrial release;

10         providing conditions and procedures; repealing

11         Rules 3.131 and 3.132,

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