SENATE AMENDMENT
    Bill No. CS for CS for SB 912   Barcode 410826
    Amendment No. ___
                            CHAMBER ACTION
              Senate                               House
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11  Senator Burt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 32, line 28, through
15            page 33, line 29, delete those lines
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17  and insert:  
18         Section 15.  Paragraph (a) of subsection (6) and
19  subsection (7) of section 948.08, Florida Statutes, are
20  amended to read:
21         948.08  Pretrial intervention program.--
22         (6)(a)  Notwithstanding any provision of this section,
23  a person who is charged with a felony of the second or third
24  degree for purchase or possession of a controlled substance
25  under chapter 893, tampering with evidence, solicitation for
26  purchase of a controlled substance, or obtaining a
27  prescription by fraud; who has not been charged with a crime
28  involving violence, including, but not limited to, murder,
29  sexual battery, robbery, carjacking, home-invasion robbery, or
30  any other crime involving violence; and who has not previously
31  been convicted of a felony nor been admitted to a felony
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    2:51 PM   03/19/01                              s0912c2c-16j01

SENATE AMENDMENT Bill No. CS for CS for SB 912 Barcode 410826 Amendment No. ___ 1 pretrial program referred to in this section, is eligible for 2 admission into a pretrial substance abuse education and 3 treatment intervention program approved by the chief judge of 4 the circuit, for a period of not less than 1 year in duration, 5 upon motion of either party or the court's own motion, except: 6 1. If a defendant was previously offered admission to 7 a pretrial substance abuse education and treatment 8 intervention program at any time prior to trial and the 9 defendant rejected that offer on the record, then the court or 10 the state attorney may deny the defendant's admission to such 11 a program. 12 2. If the state attorney believes that the facts and 13 circumstances of the case suggest the defendant's involvement 14 in the dealing and selling of controlled substances, the court 15 shall hold a preadmission hearing. If the state attorney 16 establishes, by a preponderance of the evidence at such 17 hearing, that the defendant was involved in the dealing or 18 selling of controlled substances, the court shall deny the 19 defendant's admission into a pretrial intervention program. 20 (7) The chief judge in each circuit may appoint an 21 advisory committee for the pretrial intervention program 22 composed of the chief judge or his or her designee, who shall 23 serve as chair; the state attorney, the public defender, and 24 the program administrator, or their designees; and such other 25 persons as the chair deems appropriate. The advisory committee 26 may not designate any defendant eligible for a pretrial 27 intervention program for any offense that is not listed under 28 paragraph (6)(a) without the state attorney's recommendation 29 and approval. The committee may also include persons 30 representing any other agencies to which persons released to 31 the pretrial intervention program may be referred. 2 2:51 PM 03/19/01 s0912c2c-16j01
SENATE AMENDMENT Bill No. CS for CS for SB 912 Barcode 410826 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 2, line 20, after the semicolon, 4 5 insert: 6 providing requirements for a defendant to be 7 designated as eligible for a pretrial 8 intervention program; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2:51 PM 03/19/01 s0912c2c-16j01