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A bill to be entitled |
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An act relating to bail and pretrial release; creating s. |
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903.0465, F.S.; providing that a judge at a first |
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appearance may not reduce bail set by another judge |
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issuing an arrest warrant; amending s. 903.0471, F.S.; |
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authorizing a court to make a finding of probable cause on |
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the basis of an affidavit of a law enforcement officer |
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when a person on pretrial release is arrested for a new |
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law violation; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 903.0465, Florida Statutes, is created |
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to read: |
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903.0465 Determination of bail at first appearance.--In |
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any case in which a defendant is before the court at a first |
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appearance hearing based on the execution of an arrest warrant, |
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the judge at the first appearance hearing may not reduce the |
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amount of bail indicated on the warrant, unless the judge |
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issuing the warrant indicates that the matter of bail may be |
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reconsidered at the first appearance hearing. This section does |
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not apply when the judge at the first appearance hearing is also |
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the judge who issued the warrant or when the judge at the first |
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appearance hearing is the judge to whom the case has been |
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assigned.
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Section 2. Section 903.0471, Florida Statutes, is amended |
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to read: |
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903.0471 Violation of condition of pretrial release.-- |
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Notwithstanding s. 907.041, a court may, on its own motion, |
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revoke pretrial release and order pretrial detention if the |
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court finds probable cause to believe that the defendant |
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committed a new crime while on pretrial release. A finding of |
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probable cause under this section may, in the court's |
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discretion, be determined based upon the affidavit of a law |
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enforcement officer without an evidentiary hearing. |
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Section 3. This act shall take effect upon becoming a law. |