House Bill hb0031C

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    Florida House of Representatives - 2001                HB 31-C

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to terrorism; creating s.

  3         775.30, F.S.; defining "terrorism" for purposes

  4         of the Florida Criminal Code; amending s.

  5         907.041, F.S.; providing for pretrial detention

  6         of persons charged with an act of terrorism;

  7         providing an effective date.

  8

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

10

11         Section 1.  Section 775.30, Florida Statutes, is

12  created to read:

13         775.30  Terrorism; definition.--As used in the Florida

14  Criminal Code, the term "terrorism" means an activity that:

15         (1)(a)  Involves a violent act or an act dangerous to

16  human life which is a violation of the criminal laws of this

17  state or of the United States; or

18         (b)  Involves a violation of s. 815.06; and 

19         (2)  Is intended to:

20         (a)  Intimidate, injure, or coerce a civilian

21  population;

22         (b)  Influence the policy of a government by

23  intimidation or coercion; or

24         (c)  Affect the conduct of government through

25  destruction of property, assassination, murder, kidnapping, or

26  aircraft piracy.

27         Section 2.  Paragraph (a) of subsection (4) of section

28  907.041, Florida Statutes, is amended to read:

29         907.041  Pretrial detention and release.--

30         (4)  PRETRIAL DETENTION.--

31

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    Florida House of Representatives - 2001                HB 31-C

    704-168-01C






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

  2  means any of the following:

  3         1.  Arson;

  4         2.  Aggravated assault;

  5         3.  Aggravated battery;

  6         4.  Illegal use of explosives;

  7         5.  Child abuse or aggravated child abuse;

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

  9  aggravated abuse of an elderly person or disabled adult;

10         7.  Aircraft piracy Hijacking;

11         8.  Kidnapping;

12         9.  Homicide;

13         10.  Manslaughter;

14         11.  Sexual battery;

15         12.  Robbery;

16         13.  Carjacking;

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

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

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

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

21  solicitation of person in familial or custodial authority;

22         16.  Burglary of a dwelling;

23         17.  Stalking and aggravated stalking;

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

25  and

26         19.  Home invasion robbery;

27         20.  Act of terrorism as defined in s. 775.30; and

28         21.  Attempting or conspiring to commit any such crime;

29  and home invasion robbery.

30         (b)  No person charged with a dangerous crime shall be

31  granted nonmonetary pretrial release at a first appearance

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    Florida House of Representatives - 2001                HB 31-C

    704-168-01C






  1  hearing; however, the court shall retain the discretion to

  2  release an accused on electronic monitoring or on recognizance

  3  bond if the findings on the record of facts and circumstances

  4  warrant such a release.

  5         (c)  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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    Florida House of Representatives - 2001                HB 31-C

    704-168-01C






  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.  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.

22         6.  The defendant was on probation, parole, or other

23  release pending completion of sentence or on pretrial release

24  for a dangerous crime at the time the current offense was

25  committed; or

26         7.  The defendant has violated one or more conditions

27  of pretrial release or bond for the offense currently before

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

29  supports a finding that no conditions of release can

30  reasonably protect the community from risk of physical harm to

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

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    Florida House of Representatives - 2001                HB 31-C

    704-168-01C






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

  2  pretrial detention could be ordered is arrested, the arresting

  3  agency shall promptly notify the state attorney of the arrest

  4  and shall provide the state attorney with such information as

  5  the arresting agency has obtained relative to:

  6         1.  The nature and circumstances of the offense

  7  charged;

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

  9  contents of any statements obtained from the defendant or any

10  witness;

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

12  financial condition, and mental condition; and

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

14  including any record of convictions, previous flight to avoid

15  prosecution, or failure to appear at court proceedings.

16         (e)  When a person charged with a crime for which

17  pretrial detention could be ordered is arrested, the arresting

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

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

20  period not to exceed 24 hours.

21         (f)  The pretrial detention hearing shall be held

22  within 5 days of the filing by the state attorney of a

23  complaint to seek pretrial detention.  The defendant may

24  request a continuance.  No continuance shall be for longer

25  than 5 days unless there are extenuating circumstances. The

26  defendant may be detained pending the hearing.  The state

27  attorney shall be entitled to one continuance for good cause.

28         (g)  The state attorney has the burden of showing the

29  need for pretrial detention.

30         (h)  The defendant is entitled to be represented by

31  counsel, to present witnesses and evidence, and to

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    Florida House of Representatives - 2001                HB 31-C

    704-168-01C






  1  cross-examine witnesses.  The court may admit relevant

  2  evidence without complying with the rules of evidence, but

  3  evidence secured in violation of the United States

  4  Constitution or the Constitution of the State of Florida shall

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

  6  admissible to prove guilt at any other judicial proceeding,

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

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

  9  detention hearing, or for impeachment.

10         (i)  The pretrial detention order of the court shall be

11  based solely upon evidence produced at the hearing and shall

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

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

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

15  the pretrial detention hearing.

16         (j)  A defendant convicted at trial following the

17  issuance of a pretrial detention order shall have credited to

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

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

20         (k)  The defendant shall be entitled to dissolution of

21  the pretrial detention order whenever the court finds that a

22  subsequent event has eliminated the basis for detention.

23         Section 3.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                       LEGISLATIVE SUMMARY

28    Defines the term "terrorism" for purposes of the Florida
      Criminal Code. Prohibits the court from releasing a
29    defendant before trial without setting bail if the
      defendant is charged with aircraft piracy, home invasion
30    robbery, or an act of terrorism.

31

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