Senate Bill sb2270c1

    Florida Senate - 2002                           CS for SB 2270

    By the Committee on Criminal Justice; and Senator Cowin





    307-2180-02

  1                      A bill to be entitled

  2         An act relating to parole violations; amending

  3         ss. 947.141, 947.22, F.S.; requiring a law

  4         enforcement officer to arrest an offender whom

  5         the officer has probable cause to believe has

  6         committed a felony while on release supervision

  7         or parole; providing that a warrant need not be

  8         issued in the case; providing an effective

  9         date.

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

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13         Section 1.  Subsection (7) is added to section 947.141,

14  Florida Statutes, to read:

15         947.141  Violations of conditional release, control

16  release, or conditional medical release or addiction-recovery

17  supervision.--

18         (7)  If a law enforcement officer has probable cause to

19  believe that an offender who is on release supervision under

20  s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has

21  violated the terms and conditions of his or her release by

22  committing a felony offense, the officer shall arrest the

23  offender without a warrant and a warrant need not be issued in

24  the case.

25         Section 2.  Subsection (3) is added to section 947.22,

26  Florida Statutes, to read:

27         947.22  Authority to arrest parole violators with or

28  without warrant.--

29         (3)  If a law enforcement officer has probable cause to

30  believe that a parolee has violated the terms and conditions

31  of his or her parole, the officer shall arrest and take into

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    Florida Senate - 2002                           CS for SB 2270
    307-2180-02




  1  custody the parolee without a warrant, and a warrant need not

  2  be issued in the case.

  3         Section 3.  This act shall take effect October 1, 2002.

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  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 2270

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  8  -     The bill requires law enforcement officers (LEOs) to
          arrest an offender on release supervision without a
  9        warrant if the officer has reasonable grounds to believe
          that the offender has violated the terms or conditions
10        of release by committing a felony. The CS replaces the
          term "reasonable grounds" with "probable cause," which
11        is the standard applied by the courts.

12  -     The bill requires LEOs to arrest a parolee without a
          warrant if the officer has reasonable grounds to believe
13        that the parolee has violated the terms or conditions of
          his release or parole by committing a felony. The CS
14        requires that the parolee be taken into custody, and
          does not require that the violation be the commission of
15        a felony.

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CODING: Words stricken are deletions; words underlined are additions.