Senate Bill sb1020c1

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    Florida Senate - 2003                           CS for SB 1020

    By the Committee on Criminal Justice; and Senator Campbell





    307-1969-03

  1                      A bill to be entitled

  2         An act relating to pretrial release; amending

  3         s. 903.02, F.S.; providing that any judge

  4         setting or granting bail shall set a separate

  5         bail amount for each charge or offense;

  6         amending s. 903.046, F.S.; providing that a

  7         defendant forfeits the right to a presumption

  8         in favor of release on nonmonetary conditions

  9         if charged with a second or subsequent felony

10         within a certain time period; amending s.

11         903.047, F.S.; providing for standard

12         conditions of pretrial release without the

13         trial judge stating such conditions on the

14         record; requiring a defendant to comply with

15         all conditions of a pretrial release program;

16         amending s. 903.26, F.S.; providing that

17         failure of the state attorney to institute

18         extradition proceedings or extradite the

19         principal on a bail bond, after the surety's

20         written agreement to pay actual transportation

21         costs, exonerates the surety; amending s.

22         903.27, F.S; providing that in cases in which

23         the bond forfeiture has been discharged by the

24         court, the amount of the judgment may not

25         exceed the amount of the unpaid fees or costs

26         upon which the discharge had been conditioned;

27         amending s. 903.31, F.S.; providing that the

28         clerk of court shall furnish an executed

29         certificate of cancellation to the surety;

30         providing that the original appearance bond

31         does not guarantee the defendant's conduct or

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    Florida Senate - 2003                           CS for SB 1020
    307-1969-03




 1         appearance in court at any time under certain

 2         circumstances; amending s. 907.041, F.S.;

 3         requiring a pretrial release service to certify

 4         to the court in writing that it has conducted

 5         certain investigations and verified specified

 6         conditions before an accused is released on

 7         nonmonetary conditions; revising requirements

 8         for the pretrial release of a person charged

 9         with a dangerous crime; providing an effective

10         date.

11  

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

13  

14         Section 1.  Subsection (4) is added to section 903.02,

15  Florida Statutes, to read:

16         903.02  Actions with respect to denial or conditions of

17  bail or amount of bond prohibited; "court" defined.--

18         (4)  Any judge setting or granting monetary bail shall

19  set a separate and specific bail amount for each charge or

20  offense. When bail is posted, each charge or offense requires

21  a separate bond.

22         Section 2.  Subsection (3) is added to section 903.046,

23  Florida Statutes, to read:

24         903.046  Purpose of and criteria for bail

25  determination.--

26         (3)  If a defendant is charged with a second or

27  subsequent felony within 3 years after the date of a prior

28  felony charge, regardless of whether a conviction was entered,

29  the defendant forfeits the right to a presumption in favor of

30  release on nonmonetary conditions as provided in s. 907.041.

31  

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    Florida Senate - 2003                           CS for SB 1020
    307-1969-03




 1         Section 3.  Subsection (1) of section 903.047, Florida

 2  Statutes, is amended to read:

 3         903.047  Conditions of pretrial release.--

 4         (1)  As a condition of pretrial release, whether such

 5  release is by surety bail bond or recognizance bond or in some

 6  other form, the court shall require that:

 7         (a)  The defendant shall refrain from criminal activity

 8  of any kind; and

 9         (b)  The defendant shall refrain from any contact of

10  any type with the victim, except through pretrial discovery

11  pursuant to the Florida Rules of Criminal Procedure; and.

12         (c)  The defendant shall comply with all conditions of

13  pretrial release.

14         Section 4.  Paragraph (d) is added to subsection (5) of

15  section 903.26, Florida Statutes, to read:

16         903.26  Forfeiture of the bond; when and how directed;

17  discharge; how and when made; effect of payment.--

18         (5)  The court shall discharge a forfeiture within 60

19  days upon:

20         (d)  Failure of the state attorney to institute

21  extradition proceedings or extradite the principal on a bail

22  bond, after the surety has agreed in writing to pay actual

23  transportation costs, exonerates the surety, and any

24  forfeiture or judgment is set aside or vacated and any payment

25  by the surety of a forfeiture or judgment is remitted in full.

26         Section 5.  Subsection (1) of section 903.27, Florida

27  Statutes, is amended to read:

28         903.27  Forfeiture to judgment.--

29         (1)  If the forfeiture is not paid or discharged by

30  order of a court of competent jurisdiction within 60 days and

31  the bond is secured other than by money and bonds authorized

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    Florida Senate - 2003                           CS for SB 1020
    307-1969-03




 1  in s. 903.16, the clerk of the circuit court for the county

 2  where the order was made shall enter a judgment against the

 3  surety for the amount of the penalty and issue execution.

 4  However, in any case in which the bond forfeiture has been

 5  discharged by the court of competent jurisdiction conditioned

 6  upon the payment by the surety of certain costs or fees as

 7  allowed by statute, the amount for which judgment may be

 8  entered may not exceed the amount of the unpaid fees or costs

 9  upon which the discharge had been conditioned. Judgment for

10  the full amount of the forfeiture shall not be entered if

11  payment of a lesser amount will satisfy the conditions to

12  discharge the forfeiture. Within 10 days, the clerk shall

13  furnish the Department of Insurance with a certified copy of

14  the judgment docket and shall furnish the surety company at

15  its home office a copy of the judgment, which shall include

16  the power of attorney number of the bond and the name of the

17  executing agent.  If the judgment is not paid within 35 days,

18  the clerk shall furnish the Department of Insurance and the

19  sheriff of the county in which the bond was executed, or the

20  official responsible for operation of the county jail, if

21  other than the sheriff, two copies of the judgment and a

22  certificate stating that the judgment remains unsatisfied.

23  When and if the judgment is properly paid or an order to

24  vacate the judgment has been entered by a court of competent

25  jurisdiction, the clerk shall immediately notify the sheriff,

26  or the official responsible for the operation of the county

27  jail, if other than the sheriff, and the Department of

28  Insurance, if the department had been previously notified of

29  nonpayment, of such payment or order to vacate the judgment.

30  The clerk shall also immediately prepare and record in the

31  public records a satisfaction of the judgment or record the

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    Florida Senate - 2003                           CS for SB 1020
    307-1969-03




 1  order to vacate judgment. If the defendant is returned to the

 2  county of jurisdiction of the court, whenever a motion to set

 3  aside the judgment is filed, the operation of this section is

 4  tolled until the court makes a disposition of the motion.

 5         Section 6.  Section 903.31, Florida Statutes, is

 6  amended to read:

 7         903.31  Canceling the bond.--

 8         (1)  Within 10 business days after the conditions of a

 9  bond have been satisfied or the forfeiture discharged or

10  remitted, the court shall order the bond shall be canceled

11  and, if the surety has attached a certificate of cancellation

12  to the original bond, the clerk of the court shall furnish an

13  executed certificate of cancellation to the surety without

14  cost. An adjudication of guilt or innocence of the defendant

15  shall satisfy the conditions of the bond.  The original

16  appearance bond shall expire 36 months after such bond has

17  been posted for the release of the defendant from custody.

18  This subsection does not apply to cases in which a bond has

19  been declared forfeited.

20         (2)  The original appearance bond does shall not be

21  construed to guarantee deferred sentences, appearance during

22  or after a presentence investigation, appearance during or

23  after appeals, conduct during or appearance after admission to

24  a pretrial intervention program, payment of fines, or

25  attendance at educational or rehabilitation facilities the

26  court otherwise provides in the judgment.  If the original

27  appearance bond has been forfeited or revoked, the bond shall

28  not be reinstated without approval from the surety on the

29  original bond.

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    Florida Senate - 2003                           CS for SB 1020
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 1         (3)  The original appearance bond does not guarantee

 2  the defendant's conduct or appearance in court at any time

 3  after:

 4         (a)  The defendant enters a plea of guilty or no

 5  contest;

 6         (b)  The defendant enters into an agreement for

 7  deferred prosecution or agrees to enter a pretrial

 8  intervention program;

 9         (c)  The defendant is acquitted;

10         (d)  The defendant is adjudicated guilty;

11         (e)  Adjudication of guilt of the defendant is

12  withheld; or

13         (f)  The defendant is found guilty by a judge or jury.

14         (4)(3)  In any case where no formal charges have been

15  brought against the defendant within 365 days after arrest,

16  the court shall order the bond canceled unless good cause is

17  shown by the state.

18         Section 7.  Subsection (3) and paragraphs (a) and (b)

19  of subsection (4) of section 907.041, Florida Statutes, are

20  amended to read:

21         907.041  Pretrial detention and release.--

22         (3)  RELEASE ON NONMONETARY CONDITIONS.--

23         (a)  It is the intent of the Legislature to create a

24  presumption in favor of release on nonmonetary conditions for

25  any person who is granted pretrial release unless such person

26  is charged with a dangerous crime as defined in subsection

27  (4).  Such person shall be released on monetary conditions if

28  it is determined that such monetary conditions are necessary

29  to assure the presence of the person at trial or at other

30  proceedings, to protect the community from risk of physical

31  

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    Florida Senate - 2003                           CS for SB 1020
    307-1969-03




 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 in

 6  writing, and has provided a report to the court for review,

 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;

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    Florida Senate - 2003                           CS for SB 1020
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 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)  A No person charged with a dangerous crime may not

15  shall be granted nonmonetary pretrial release at a first

16  appearance hearing to a pretrial release service unless the

17  requirements of paragraph (3)(b) have been satisfied; however,

18  the court shall retain the discretion to release an accused on

19  electronic monitoring or on recognizance bond if the findings

20  on the record of facts and circumstances warrant such a

21  release.

22         Section 8.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 1020
    307-1969-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1020

 3                                 

 4  -    The CS amends s. 903.02, F.S., to require a judge setting
         monetary bail to set a separate bail amount for each
 5       charge, which would require a separate bond when bail is
         posted.
 6  
    -    The CS amends s. 903.046, F.S., so that a defendant who
 7       has been charged with a second or subsequent felony
         within three years of a prior felony charge forfeits his
 8       or her right to the presumption in favor of release on
         nonmonetary conditions, as set forth in s. 907.041, F.S.
 9  
    -    The CS amends s. 903.047, F.S., to require that as a
10       condition of pretrial release the defendant comply with
         all conditions of pretrial release.
11  
    -    The CS amends s. 903.26, F.S., to provide that the surety
12       is exonerated and any forfeiture or judgment is set
         aside, and any payment previously made is remitted to the
13       surety, where the surety has agreed to pay transportation
         costs of extradition of a defendant but the state fails
14       to institute extradition proceedings.

15  -    The CS amends s. 903.27, F.S., to limit the amount of a
         judgment entered against a surety to the fees and costs,
16       where the bond forfeiture has been conditioned upon the
         payment of those fees and costs.
17  
    -    The CS amends s. 903.31, F.S., to delete the requirement
18       of a court order as authority for the clerk of the court
         to cancel a bond. It also deletes some language from (2),
19       and creates a new (3) which outlines the limits of the
         guarantee of an original appearance bond, apparently in
20       response to court rulings to the contrary.

21  -    The CS reinserts existing language in s. 907.041(4)(b),
         F.S., which gives the court some discretion in making a
22       pretrial release determination.

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