HB 1185 2003
   
1 A bill to be entitled
2          An act relating to bail and pretrial release; creating s.
3    903.0465, F.S.; providing that a judge at a first
4    appearance may not reduce bail set by another judge
5    issuing an arrest warrant; amending s. 903.0471, F.S.;
6    authorizing a court to make a finding of probable cause on
7    the basis of an affidavit of a law enforcement officer
8    when a person on pretrial release is arrested for a new
9    law violation; providing an effective date.
10         
11          Be It Enacted by the Legislature of the State of Florida:
12         
13          Section 1. Section 903.0465, Florida Statutes, is created
14    to read:
15          903.0465 Determination of bail at first appearance.--In
16    any case in which a defendant is before the court at a first
17    appearance hearing based on the execution of an arrest warrant,
18    the judge at the first appearance hearing may not reduce the
19    amount of bail indicated on the warrant, unless the judge
20    issuing the warrant indicates that the matter of bail may be
21    reconsidered at the first appearance hearing. This section does
22    not apply when the judge at the first appearance hearing is also
23    the judge who issued the warrant or when the judge at the first
24    appearance hearing is the judge to whom the case has been
25    assigned.
26          Section 2. Section 903.0471, Florida Statutes, is amended
27    to read:
28          903.0471 Violation of condition of pretrial release.--
29    Notwithstanding s. 907.041, a court may, on its own motion,
30    revoke pretrial release and order pretrial detention if the
31    court finds probable cause to believe that the defendant
32    committed a new crime while on pretrial release. A finding of
33    probable cause under this section may, in the court's
34    discretion, be determined based upon the affidavit of a law
35    enforcement officer without an evidentiary hearing.
36          Section 3. This act shall take effect upon becoming a law.