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| 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. | ||