SENATE AMENDMENT
Bill No. CS for CS for SB 1020
Amendment No. ___ Barcode 920956
CHAMBER ACTION
Senate House
.
.
1 4/AD/2R .
04/29/2003 11:14 AM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Campbell moved the following substitute for amendment
12 (231298):
13
14 Senate Amendment
15 On page 100, line 6, through
16 page 102, line 7, delete those lines
17
18 and insert:
19 Section 110. Subsection (3) and paragraphs (a) and (b)
20 of subsection (4) of section 907.041, Florida Statutes, are
21 amended to read:
22 907.041 Pretrial detention and release.--
23 (3) RELEASE ON NONMONETARY CONDITIONS.--
24 (a) It is the intent of the Legislature to create a
25 presumption in favor of release on nonmonetary conditions for
26 any person who is granted pretrial release unless such person
27 is charged with a dangerous crime as defined in subsection
28 (4). Such person shall be released on monetary conditions if
29 it is determined that such monetary conditions are necessary
30 to assure the presence of the person at trial or at other
31 proceedings, to protect the community from risk of physical
1
6:42 PM 04/25/03 s1020c2b-32m0b
SENATE AMENDMENT
Bill No. CS for CS for SB 1020
Amendment No. ___ Barcode 920956
1 harm to persons, to assure the presence of the accused at
2 trial, or to assure the integrity of the judicial process.
3 (b) A No person may not be accepted for release shall
4 be released on nonmonetary conditions under the supervision of
5 a pretrial release service, unless the service certifies by a
6 signed affidavit and identifies in the affidavit to the court
7 that it has investigated or otherwise verified:
8 1. The circumstances of the accused's family,
9 employment, financial resources, character, mental condition,
10 and length of residence in the community;
11 2. The accused's record of convictions, of appearances
12 at court proceedings, of flight to avoid prosecution, or of
13 failure to appear at court proceedings; and
14 3. Other facts necessary to assist the court in its
15 determination of the indigency of the accused and whether she
16 or he should be released under the supervision of the service.
17 (4) PRETRIAL DETENTION.--
18 (a) As used in this subsection, the term "dangerous
19 crime" means any of the following:
20 1. Arson;
21 2. Aggravated assault;
22 3. Aggravated battery;
23 4. Illegal use of explosives;
24 5. Child abuse or aggravated child abuse;
25 6. Abuse of an elderly person or disabled adult, or
26 aggravated abuse of an elderly person or disabled adult;
27 7. Aircraft piracy;
28 8. Kidnapping;
29 9. Homicide;
30 10. Manslaughter;
31 11. Sexual battery;
2
6:42 PM 04/25/03 s1020c2b-32m0b
SENATE AMENDMENT
Bill No. CS for CS for SB 1020
Amendment No. ___ Barcode 920956
1 12. Robbery;
2 13. Carjacking;
3 14. Lewd, lascivious, or indecent assault or act upon
4 or in presence of a child under the age of 16 years;
5 15. Sexual activity with a child, who is 12 years of
6 age or older but less than 18 years of age, by or at
7 solicitation of person in familial or custodial authority;
8 16. Burglary of a dwelling;
9 17. Stalking and aggravated stalking;
10 18. Act of domestic violence as defined in s. 741.28;
11 19. Home invasion robbery;
12 20. Act of terrorism as defined in s. 775.30; and
13 21. Attempting or conspiring to commit any such crime.
14 (b) Pursuant to the provisions of paragraph (3)(b) No
15 person charged with a dangerous crime shall be granted
16 nonmonetary pretrial release at a first appearance hearing;
17 however, the court shall retain the discretion to release a
18 person an accused of a dangerous crime on electronic
19 monitoring or on recognizance bond if the findings on the
20 record of facts and circumstances warrant such a release.
21
22
23
24
25
26
27
28
29
30
31
3
6:42 PM 04/25/03 s1020c2b-32m0b