Senate Bill sb0006C

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    Florida Senate - 2001                                   SB 6-C

    By Senators Brown-Waite and Smith





    10-680-02

  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; providing for

  5         pretrial detention of persons charged with an

  6         act of terrorism; providing an effective date.

  7

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

  9

10         Section 1.  Section 775.30, Florida Statutes, is

11  created to read:

12         775.30  Terrorism; definition.--As used in the Florida

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

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

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

16  state or of the United States; or

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

18         (2)  Is intended to:

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

20  population;

21         (b)  Influence the policy of a government by

22  intimidation or coercion; or

23         (c)  Affect the conduct of government through

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

25  aircraft piracy.

26         Section 2.  Paragraph (a) of subsection (4) of s.

27  907.041, Florida Statutes, is amended to read:

28         907.041  Pretrial detention and release.--

29         (4)  PRETRIAL DETENTION.--

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

31  means any of the following:

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    Florida Senate - 2001                                   SB 6-C
    10-680-02




  1         1.  Arson;

  2         2.  Aggravated assault;

  3         3.  Aggravated battery;

  4         4.  Illegal use of explosives;

  5         5.  Child abuse or aggravated child abuse;

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

  7  aggravated abuse of an elderly person or disabled adult;

  8         7.  Aircraft piracy Hijacking;

  9         8.  Kidnapping;

10         9.  Homicide;

11         10.  Manslaughter;

12         11.  Sexual battery;

13         12.  Robbery;

14         13.  Carjacking;

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

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

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

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

19  solicitation of person in familial or custodial authority;

20         16.  Burglary of a dwelling;

21         17.  Stalking and aggravated stalking;

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

23  and

24         19.  Home invasion robbery;

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

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

27  and home-invasion robbery.

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

29  granted nonmonetary pretrial release at a first appearance

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

31  release an accused on electronic monitoring or on recognizance

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    Florida Senate - 2001                                   SB 6-C
    10-680-02




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

  2  warrant such a release.

  3         (c)  The court may order pretrial detention if it finds

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

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

  6  any other relevant facts, that any of the following

  7  circumstances exists:

  8         1.  The defendant has previously violated conditions of

  9  release and that no further conditions of release are

10  reasonably likely to assure the defendant's appearance at

11  subsequent proceedings;

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

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

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

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

16  release will reasonably prevent the obstruction of the

17  judicial process;

18         3.  The defendant is charged with trafficking in

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

20  a substantial probability that the defendant has committed the

21  offense, and that no conditions of release will reasonably

22  assure the defendant's appearance at subsequent criminal

23  proceedings; or

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

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

26  probability that the defendant committed the crime and that

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

28  conditions that would support a finding by the court pursuant

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

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

31  following:

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  1         a.  The defendant has previously been convicted of any

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

  3  territory of the United States that is substantially similar

  4  to any crime under s. 316.193;

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

  6  license when the charged crime was committed; or

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

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

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

10  violation of s. 322.34;

11         5.  The defendant poses the threat of harm to the

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

13  defendant is presently charged with a dangerous crime, that

14  there is a substantial probability that the defendant

15  committed such crime, that the factual circumstances of the

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

17  and that there are no conditions of release reasonably

18  sufficient to protect the community from the risk of physical

19  harm to persons.

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

21  release pending completion of sentence or on pretrial release

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

23  committed; or

24         7.  The defendant has violated one or more conditions

25  of pretrial release or bond for the offense currently before

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

27  supports a finding that no conditions of release can

28  reasonably protect the community from risk of physical harm to

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

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

31  pretrial detention could be ordered is arrested, the arresting

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    Florida Senate - 2001                                   SB 6-C
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  1  agency shall promptly notify the state attorney of the arrest

  2  and shall provide the state attorney with such information as

  3  the arresting agency has obtained relative to:

  4         1.  The nature and circumstances of the offense

  5  charged;

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

  7  contents of any statements obtained from the defendant or any

  8  witness;

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

10  financial condition, and mental condition; and

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

12  including any record of convictions, previous flight to avoid

13  prosecution, or failure to appear at court proceedings.

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

15  pretrial detention could be ordered is arrested, the arresting

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

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

18  period not to exceed 24 hours.

19         (f)  The pretrial detention hearing shall be held

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

21  complaint to seek pretrial detention.  The defendant may

22  request a continuance.  No continuance shall be for longer

23  than 5 days unless there are extenuating circumstances. The

24  defendant may be detained pending the hearing.  The state

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

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

27  need for pretrial detention.

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

29  counsel, to present witnesses and evidence, and to

30  cross-examine witnesses.  The court may admit relevant

31  evidence without complying with the rules of evidence, but

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    Florida Senate - 2001                                   SB 6-C
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  1  evidence secured in violation of the United States

  2  Constitution or the Constitution of the State of Florida shall

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

  4  admissible to prove guilt at any other judicial proceeding,

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

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

  7  detention hearing, or for impeachment.

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

  9  based solely upon evidence produced at the hearing and shall

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

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

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

13  the pretrial detention hearing.

14         (j)  A defendant convicted at trial following the

15  issuance of a pretrial detention order shall have credited to

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

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

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

19  the pretrial detention order whenever the court finds that a

20  subsequent event has eliminated the basis for detention.

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

22  law.

23

24            *****************************************

25                          SENATE SUMMARY

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

29

30

31

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