Senate Bill 0134c1
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Florida Senate - 2000 CS for SB 134
By the Committee on Criminal Justice and Senator Diaz-Balart
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1 A bill to be entitled
2 An act relating to pretrial release; amending
3 s. 903.046, F.S.; revising criteria for bail
4 determination; amending s. 907.041, F.S.;
5 prohibiting persons charged with dangerous
6 crimes from being placed on pretrial release on
7 nonmonetary conditions at first appearance
8 hearings; providing criteria for pretrial
9 release on nonmonetary conditions; creating s.
10 903.0471, F.S.; authorizing a court to order
11 pretrial detention for persons on pretrial
12 release who commit new crimes under certain
13 circumstances; repealing Rules 3.131 and 3.132,
14 Florida Rules of Criminal Procedure, relating
15 to pretrial release and pretrial detention, to
16 the extent those rules are inconsistent with
17 this act; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Paragraph (d) of subsection (2) of section
22 903.046, Florida Statutes, is amended, present paragraph (j)
23 of that subsection is redesignated as paragraph (k), and a new
24 paragraph (j) is added to that subsection to read:
25 903.046 Purpose of and criteria for bail
26 determination.--
27 (2) When determining whether to release a defendant on
28 bail or other conditions, and what that bail or those
29 conditions may be, the court shall consider:
30 (d) The defendant's past and present conduct,
31 including any record of convictions, previous flight to avoid
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1 prosecution, or failure to appear at court proceedings.
2 However, any defendant who previously had willfully and
3 knowingly failed to appear for any required court proceeding
4 and breached a bond as specified in s. 903.26, but who had
5 voluntarily appeared or surrendered, shall not be eligible for
6 a recognizance bond; and any defendant who willfully and
7 knowingly failed to appear and breached a bond as specified in
8 s. 903.26 and who was later arrested at any time following
9 forfeiture shall not be eligible for a recognizance bond or
10 for any form of bond which does not require a monetary
11 undertaking or commitment equal to or greater than $2,000 or
12 twice the value of the monetary commitment or undertaking of
13 the original bond, whichever is greater.
14 (j) Whether there is probable cause to believe that
15 the defendant committed a new crime while on pretrial release.
16 Section 2. Subsections (3) and (4) of section 907.041,
17 Florida Statutes, are amended to read:
18 907.041 Pretrial detention and release.--
19 (3) RELEASE ON NONMONETARY CONDITIONS.--
20 (a) It is the intent of the Legislature to create a
21 presumption in favor of release on nonmonetary conditions for
22 any person who is granted pretrial release unless such person
23 is charged with a dangerous crime as defined in subsection
24 (4). Such person shall be released on monetary conditions
25 only if it is determined that such monetary conditions are
26 necessary to assure the presence of the person at trial or at
27 other proceedings, to protect the community from risk of
28 physical harm to persons, to assure the presence of the
29 accused at trial, or to assure the integrity of the judicial
30 process.
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1 (b) No person shall be released on nonmonetary
2 conditions under the supervision of a pretrial release
3 service, unless the service certifies to the court that it has
4 investigated or otherwise verified:
5 1. The circumstances of the accused's family,
6 employment, financial resources, character, mental condition,
7 and length of residence in the community;
8 2. The accused's record of convictions, of appearances
9 at court proceedings, of flight to avoid prosecution, or of
10 failure to appear at court proceedings; and
11 3. Other facts necessary to assist the court in its
12 determination of the indigency of the accused and whether she
13 or he should be released under the supervision of the service.
14 (4) PRETRIAL DETENTION.--
15 (a) As used in this subsection, "dangerous crime"
16 means any of the following:
17 1. Arson;
18 2. Aggravated assault;
19 3. Aggravated battery;
20 4. Illegal use of explosives;
21 5. Child abuse or aggravated child abuse;
22 6. Abuse of an elderly person or disabled adult, or
23 aggravated abuse of an elderly person or disabled adult;
24 7. Hijacking;
25 8. Kidnapping;
26 9. Homicide;
27 10. Manslaughter;
28 11. Sexual battery;
29 12. Robbery;
30 13. Carjacking;
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1 14. Lewd, lascivious, or indecent assault or act upon
2 or in presence of a child under the age of 16 years;
3 15. Sexual activity with a child, who is 12 years of
4 age or older but less than 18 years of age, by or at
5 solicitation of person in familial or custodial authority;
6 16. Burglary of a dwelling;
7 17. Stalking and aggravated stalking;
8 18. Act of domestic violence as defined in s. 741.28;
9 and
10 19. Attempting or conspiring to commit any such crime;
11 and home-invasion robbery.
12 (b) No person charged with a dangerous crime shall be
13 granted nonmonetary pretrial release at a first appearance
14 hearing. A hearing to determine eligibility for nonmonetary
15 pretrial release must be held within 72 hours after the first
16 appearance hearing of any person charged with a dangerous
17 crime who was not granted nonmonetary release at first
18 appearance.
19 (c)(b) The court may order pretrial detention if it
20 finds a substantial probability, based on a defendant's past
21 and present patterns of behavior, the criteria in s. 903.046,
22 and any other relevant facts, that:
23 1. The defendant has previously violated conditions of
24 release and that no further conditions of release are
25 reasonably likely to assure the defendant's appearance at
26 subsequent proceedings;
27 2. The defendant, with the intent to obstruct the
28 judicial process, has threatened, intimidated, or injured any
29 victim, potential witness, juror, or judicial officer, or has
30 attempted or conspired to do so, and that no condition of
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1 release will reasonably prevent the obstruction of the
2 judicial process;
3 3. The defendant is charged with trafficking in
4 controlled substances as defined by s. 893.135, that there is
5 a substantial probability that the defendant has committed the
6 offense, and that no conditions of release will reasonably
7 assure the defendant's appearance at subsequent criminal
8 proceedings; or
9 4. The defendant poses the threat of harm to the
10 community. The court may so conclude, if it finds that the
11 defendant is presently charged with a dangerous crime, that
12 there is a substantial probability that the defendant
13 committed such crime, that the factual circumstances of the
14 crime indicate a disregard for the safety of the community,
15 and that there are no conditions of release reasonably
16 sufficient to protect the community from the risk of physical
17 harm to persons. In addition, the court must find that at
18 least one of the following conditions is present:
19 a. The defendant has previously been convicted of a
20 crime punishable by death or life imprisonment.
21 b. The defendant has been convicted of a dangerous
22 crime within the 10 years immediately preceding the date of
23 his or her arrest for the crime presently charged.
24 c. The defendant is on probation, parole, or other
25 release pending completion of sentence or on pretrial release
26 for a dangerous crime at the time of the current arrest.
27 (d)(c) When a person charged with a crime for which
28 pretrial detention could be ordered is arrested, the arresting
29 agency shall promptly notify the state attorney of the arrest
30 and shall provide the state attorney with such information as
31 the arresting agency has obtained relative to:
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1 1. The nature and circumstances of the offense
2 charged;
3 2. The nature of any physical evidence seized and the
4 contents of any statements obtained from the defendant or any
5 witness;
6 3. The defendant's family ties, residence, employment,
7 financial condition, and mental condition; and
8 4. The defendant's past conduct and present conduct,
9 including any record of convictions, previous flight to avoid
10 prosecution, or failure to appear at court proceedings.
11 (e)(d) When a person charged with a crime for which
12 pretrial detention could be ordered is arrested, the arresting
13 agency may detain such defendant, prior to the filing by the
14 state attorney of a motion seeking pretrial detention, for a
15 period not to exceed 24 hours.
16 (f)(e) The court shall order detention only after a
17 pretrial detention hearing. The hearing shall be held within
18 5 days of the filing by the state attorney of a complaint to
19 seek pretrial detention. The defendant may request a
20 continuance. No continuance shall be for longer than 5 days
21 unless there are extenuating circumstances. The defendant may
22 be detained pending the hearing. The state attorney shall be
23 entitled to one continuance for good cause.
24 (g)(f) The state attorney has the burden of showing
25 the need for pretrial detention.
26 (h)(g) The defendant is entitled to be represented by
27 counsel, to present witnesses and evidence, and to
28 cross-examine witnesses. The court may admit relevant
29 evidence without complying with the rules of evidence, but
30 evidence secured in violation of the United States
31 Constitution or the Constitution of the State of Florida shall
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1 not be admissible. No testimony by the defendant shall be
2 admissible to prove guilt at any other judicial proceeding,
3 but such testimony may be admitted in an action for perjury,
4 based upon the defendant's statements made at the pretrial
5 detention hearing, or for impeachment.
6 (i)(h) The pretrial detention order of the court shall
7 be based solely upon evidence produced at the hearing and
8 shall contain findings of fact and conclusions of law to
9 support it. The order shall be made either in writing or
10 orally on the record. The court shall render its findings
11 within 24 hours of the pretrial detention hearing.
12 (j)(i) If ordered detained pending trial pursuant to
13 subparagraph (c)4. (b)4., the defendant may not be held for
14 more than 90 days. Failure of the state to bring the
15 defendant to trial within that time shall result in the
16 defendant's release from detention, subject to any conditions
17 of release, unless the trial delay was requested or caused by
18 the defendant or his or her counsel.
19 (k)(j) A defendant convicted at trial following the
20 issuance of a pretrial detention order shall have credited to
21 his or her sentence, if imprisonment is imposed, the time the
22 defendant was held under the order, pursuant to s. 921.161.
23 (l)(k) The defendant shall be entitled to dissolution
24 of the pretrial detention order whenever the court finds that
25 a subsequent event has eliminated the basis for detention.
26 Section 3. Section 903.0471, Florida Statutes, is
27 created to read:
28 903.0471 Violation of condition of pretrial
29 release.--Notwithstanding s. 907.041, a court may, on its own
30 motion, revoke pretrial release and order pretrial detention
31 if the court finds probable cause to believe that the
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Florida Senate - 2000 CS for SB 134
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1 defendant committed a new crime while on pretrial release and,
2 in the discretion of the court, the facts and circumstances
3 support a finding that no conditions of release can reasonably
4 protect the community from the risk of physical harm to
5 persons, assure the presence of the accused at trial, or
6 assure the integrity of the judicial process.
7 Section 4. Rules 3.131 and 3.132, Florida Rules of
8 Criminal Procedure, are repealed to the extent that the rules
9 are inconsistent with this act.
10 Section 5. This act shall take effect upon becoming a
11 law, except that section 4 shall take effect only if this act
12 is passed by the affirmative vote of two-thirds of the
13 membership of each house of the Legislature.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 134
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4 - Removes provision which permits court, under specified
circumstances, to order pretrial detention of a
5 defendant charged with DUI manslaughter.
6 - Deletes references to a "willful and knowing" failure to
appear and that the defendant breached a bond. This
7 makes the current prohibition against recognizance bonds
and certain monetary bonds applicable to any defendant
8 who previously failed to appear, even if it was not a
willful and knowing failure to appear and even if the
9 defendant did not breach a bond.
10 - Requires the court to consider, when determing whether
to release a defendant on bail or other conditions,
11 whether their is probable cause to believe that the
defendant committed a new crime while on pretrial
12 release.
13 - Revises legislative intent by removing the presumption
in favor of release on nonmonetary conditions for any
14 person who is granted pretrial release, if the person is
charged with a dangerous crime.
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- Prohibits the release of a defendant on nonmonetary
16 conditions and under the supervision of a pretrial
release service, unless the service certifies to the
17 court that it has investigated or otherwise verified an
enumerated list of factors.
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- Prohibits the court at a first appearance hearing from
19 granting nonmonetary pretrial release to any person
charged with a "dangerous crime." However, it requires a
20 hearing to determine eligibility for nonmonetary
pretrial release within 72 hours of the first appearance
21 of any person charged with a "dangerous crime."
22 - Permits a court, on its own initiative, to revoke
pretrial release and order pretrial detention if it
23 finds probable cause to believe that the defendant
committed a new crime while on pretrial release, and the
24 court finds release would risk harm to persons, not
assure presence at trail or assure the integrity of the
25 judicial process.
26 - Repeals Rules 3.121 and 3.132, to the extent these rules
are inconsistent with the act.
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