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  2         An act relating to pretrial detention;

  3         providing a short title; amending s. 907.041,

  4         F.S.; revising criteria for pretrial detention;

  5         permitting the court to order pretrial

  6         detention under specified circumstances when it

  7         finds a substantial probability that a

  8         defendant committed the charged crime of DUI

  9         manslaughter as defined by s. 316.193, F.S.,

10         relating to driving under the influence, and

11         that the defendant poses the threat of harm to

12         the community; specifying certain conditions

13         that would support a finding that the defendant

14         poses the threat of harm to the community;

15         deleting requirement for additional court

16         findings for pretrial detention; permitting

17         pretrial detention for any violation of

18         conditions of pretrial release or bond which,

19         in the discretion of the court, supports a

20         finding that no condition of release can

21         reasonably protect the community from physical

22         harm, assure the presence of the accused at

23         trial, or assure the integrity of the judicial

24         process; deleting limitation upon detention

25         period when detention is based on threat of

26         harm to the community; repealing Rules 3.131

27         and 3.132, Florida Rules of Criminal Procedure,

28         relating to pretrial release and pretrial

29         detention, to the extent of inconsistency with

30         the act; amending s. 903.31, F.S.; providing

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  1         for cancellation of bond under certain

  2         circumstances; providing an effective date.

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

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  6         Section 1.  This act may be cited as the "Trooper

  7  Robert Smith Act."

  8         Section 2.  Section 907.041, Florida Statutes, is

  9  amended to read:

10         907.041  Pretrial detention and release.--

11         (1)  LEGISLATIVE INTENT.--It is the policy of this

12  state that persons committing serious criminal offenses,

13  posing a threat to the safety of the community or the

14  integrity of the judicial process, or failing to appear at

15  trial be detained upon arrest.  However, persons found to meet

16  specified criteria shall be released under certain conditions

17  until proceedings are concluded and adjudication has been

18  determined. The Legislature finds that this policy of pretrial

19  detention and release will assure the detention of those

20  persons posing a threat to society while reducing the costs

21  for incarceration by releasing, until trial, those persons not

22  considered a danger to the community who meet certain

23  criteria.  It is the intent of the Legislature that the

24  primary consideration be the protection of the community from

25  risk of physical harm to persons.

26         (2)  RULES OF PROCEDURE.--Procedures for pretrial

27  release determinations shall be governed by rules adopted by

28  the Supreme Court.

29         (3)  RELEASE ON NONMONETARY CONDITIONS.--It is the

30  intent of the Legislature to create a presumption in favor of

31  release on nonmonetary conditions for any person who is


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  1  granted pretrial release.  Such person shall be released on

  2  monetary conditions only if it is determined that such

  3  monetary conditions are necessary to assure the presence of

  4  the person at trial or at other proceedings, to protect the

  5  community from risk of physical harm to persons, to assure the

  6  presence of the accused at trial, or to assure the integrity

  7  of the judicial process.

  8         (4)  PRETRIAL DETENTION.--

  9         (a)  As used in this subsection, "dangerous crime"

10  means any of the following:

11         1.  Arson;

12         2.  Aggravated assault;

13         3.  Aggravated battery;

14         4.  Illegal use of explosives;

15         5.  Child abuse or aggravated child abuse;

16         6.  Abuse of an elderly person or disabled adult, or

17  aggravated abuse of an elderly person or disabled adult;

18         7.  Hijacking;

19         8.  Kidnapping;

20         9.  Homicide;

21         10.  Manslaughter;

22         11.  Sexual battery;

23         12.  Robbery;

24         13.  Carjacking;

25         14.  Lewd, lascivious, or indecent assault or act upon

26  or in presence of a child under the age of 16 years;

27         15.  Sexual activity with a child, who is 12 years of

28  age or older but less than 18 years of age, by or at

29  solicitation of person in familial or custodial authority;

30         16.  Burglary of a dwelling;

31         17.  Stalking and aggravated stalking;


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  1         18.  Act of domestic violence as defined in s. 741.28;

  2  and

  3         19.  Attempting or conspiring to commit any such crime;

  4  and home-invasion robbery.

  5         (b)  The court may order pretrial detention if it finds

  6  a substantial probability, based on a defendant's past and

  7  present patterns of behavior, the criteria in s. 903.046, and

  8  any other relevant facts, that any of the following

  9  circumstances exists:

10         1.  The defendant has previously violated conditions of

11  release and that no further conditions of release are

12  reasonably likely to assure the defendant's appearance at

13  subsequent proceedings;

14         2.  The defendant, with the intent to obstruct the

15  judicial process, has threatened, intimidated, or injured any

16  victim, potential witness, juror, or judicial officer, or has

17  attempted or conspired to do so, and that no condition of

18  release will reasonably prevent the obstruction of the

19  judicial process;

20         3.  The defendant is charged with trafficking in

21  controlled substances as defined by s. 893.135, that there is

22  a substantial probability that the defendant has committed the

23  offense, and that no conditions of release will reasonably

24  assure the defendant's appearance at subsequent criminal

25  proceedings; or

26         4.  The defendant is charged with DUI manslaughter, as

27  defined by s. 316.193, and that there is a substantial

28  probability that the defendant committed the crime and that

29  the defendant poses a threat of harm to the community;

30  conditions that would support a finding by the court pursuant

31  to this subparagraph that the defendant poses a threat of harm


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  1  to the community include, but are not limited to, any of the

  2  following:

  3         a.  The defendant has previously been convicted of any

  4  crime under s. 316.193, or of any crime in any other state or

  5  territory of the United States that is substantially similar

  6  to any crime under s. 316.193;

  7         b.  The defendant was driving with a suspended driver's

  8  license when the charged crime was committed; or

  9         c.  The defendant has previously been found guilty of,

10  or has had adjudication of guilt withheld for, driving while

11  the defendant's driver's license was suspended or revoked in

12  violation of s. 322.34;

13         5.4.  The defendant poses the threat of harm to the

14  community.  The court may so conclude if it finds that the

15  defendant is presently charged with a dangerous crime, that

16  there is a substantial probability that the defendant

17  committed such crime, that the factual circumstances of the

18  crime indicate a disregard for the safety of the community,

19  and that there are no conditions of release reasonably

20  sufficient to protect the community from the risk of physical

21  harm to persons. In addition, the court must find that at

22  least one of the following conditions is present:

23         a.  The defendant has previously been convicted of a

24  crime punishable by death or life imprisonment.

25         b.  The defendant has been convicted of a dangerous

26  crime within the 10 years immediately preceding the date of

27  his or her arrest for the crime presently charged.

28         6.c.  The defendant was is on probation, parole, or

29  other release pending completion of sentence or on pretrial

30  release for a dangerous crime at the time of the current

31  offense was committed; or arrest.


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  1         7.  The defendant has violated one or more conditions

  2  of pretrial release or bond for the offense currently before

  3  the court and the violation, in the discretion of the court,

  4  supports a finding that no conditions of release can

  5  reasonably protect the community from risk of physical harm to

  6  persons or assure the presence of the accused at trial.

  7         (c)  When a person charged with a crime for which

  8  pretrial detention could be ordered is arrested, the arresting

  9  agency shall promptly notify the state attorney of the arrest

10  and shall provide the state attorney with such information as

11  the arresting agency has obtained relative to:

12         1.  The nature and circumstances of the offense

13  charged;

14         2.  The nature of any physical evidence seized and the

15  contents of any statements obtained from the defendant or any

16  witness;

17         3.  The defendant's family ties, residence, employment,

18  financial condition, and mental condition; and

19         4.  The defendant's past conduct and present conduct,

20  including any record of convictions, previous flight to avoid

21  prosecution, or failure to appear at court proceedings.

22         (d)  When a person charged with a crime for which

23  pretrial detention could be ordered is arrested, the arresting

24  agency may detain such defendant, prior to the filing by the

25  state attorney of a motion seeking pretrial detention, for a

26  period not to exceed 24 hours.

27         (e)  The court shall order detention only after a

28  pretrial detention hearing.  The pretrial detention hearing

29  shall be held within 5 days of the filing by the state

30  attorney of a complaint to seek pretrial detention.  The

31  defendant may request a continuance.  No continuance shall be


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  1  for longer than 5 days unless there are extenuating

  2  circumstances. The defendant may be detained pending the

  3  hearing.  The state attorney shall be entitled to one

  4  continuance for good cause.

  5         (f)  The state attorney has the burden of showing the

  6  need for pretrial detention.

  7         (g)  The defendant is entitled to be represented by

  8  counsel, to present witnesses and evidence, and to

  9  cross-examine witnesses.  The court may admit relevant

10  evidence without complying with the rules of evidence, but

11  evidence secured in violation of the United States

12  Constitution or the Constitution of the State of Florida shall

13  not be admissible.  No testimony by the defendant shall be

14  admissible to prove guilt at any other judicial proceeding,

15  but such testimony may be admitted in an action for perjury,

16  based upon the defendant's statements made at the pretrial

17  detention hearing, or for impeachment.

18         (h)  The pretrial detention order of the court shall be

19  based solely upon evidence produced at the hearing and shall

20  contain findings of fact and conclusions of law to support it.

21  The order shall be made either in writing or orally on the

22  record. The court shall render its findings within 24 hours of

23  the pretrial detention hearing.

24         (i)  If ordered detained pending trial pursuant to

25  subparagraph (b)4., the defendant may not be held for more

26  than 90 days.  Failure of the state to bring the defendant to

27  trial within that time shall result in the defendant's release

28  from detention, subject to any conditions of release, unless

29  the trial delay was requested or caused by the defendant or

30  his or her counsel.

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  1         (i)(j)  A defendant convicted at trial following the

  2  issuance of a pretrial detention order shall have credited to

  3  his or her sentence, if imprisonment is imposed, the time the

  4  defendant was held under the order, pursuant to s. 921.161.

  5         (j)(k)  The defendant shall be entitled to dissolution

  6  of the pretrial detention order whenever the court finds that

  7  a subsequent event has eliminated the basis for detention.

  8         Section 3.  Rules 3.131 and 3.132, Florida Rules of

  9  Criminal Procedure, are hereby repealed to the extent that

10  they are inconsistent with this act.

11         Section 4.  Section 903.31, Florida Statutes, is

12  amended to read:

13         903.31  Canceling the bond.--

14         (1)  Within 10 business days after the conditions of a

15  bond have been satisfied or the forfeiture discharged or

16  remitted, the court shall order the bond canceled and, if the

17  surety has attached a certificate of cancellation to the

18  original bond, shall furnish an executed certificate of

19  cancellation to the surety without cost. An adjudication of

20  guilt or innocence of the defendant shall satisfy the

21  conditions of the bond.  The original appearance bond shall

22  expire 36 months after such bond has been posted for the

23  release of the defendant from custody.  This subsection does

24  not apply to cases in which a bond has been declared

25  forfeited.

26         (2)  The original appearance bond shall not be

27  construed to guarantee deferred sentences, appearance during

28  or after a presentence investigation, appearance during or

29  after appeals, conduct during or appearance after admission to

30  a pretrial intervention program, payment of fines, or

31  attendance at educational or rehabilitation facilities the


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  1  court otherwise provides in the judgment.  If the original

  2  appearance bond has been forfeited or revoked, the bond shall

  3  not be reinstated without approval from the surety on the

  4  original bond.

  5         (3)  In any case where no formal charges have been

  6  brought against the defendant within 365 days after arrest,

  7  the court shall order the bond canceled unless good cause is

  8  shown by the state.

  9         Section 5.  This act shall take effect October 1, 2000,

10  except that section 3 shall take effect only if this act is

11  passed by the affirmative vote of two-thirds of the membership

12  of each house of the Legislature.

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