Senate Bill sb0288

    Florida Senate - 2004                                   SB 288

    By Senator Lynn





    7-27-04

  1                      A bill to be entitled

  2         An act relating to the right to a speedy trial;

  3         creating time limits within which a person

  4         charged with a crime by information or

  5         indictment must be brought to trial; permitting

  6         state attorneys to file a demand for a speedy

  7         trial; requiring that the trial judge schedule

  8         a calendar call upon the filing of a demand for

  9         a speedy trial in order to schedule a trial;

10         providing an effective date.

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

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14         Section 1.  Victim's right to a speedy trial; speedy

15  trial demand by the state. To ensure the right of crime

16  victims and the people of this state to a prompt and timely

17  disposition of cases, each person charged with a crime by

18  indictment or information must be brought to trial within 90

19  days if the crime charged is a misdemeanor or within 175 days

20  if the crime charged is a felony, barring unforeseen or

21  extraordinary circumstances. To meet this time standard, the

22  state attorney may file a demand for speedy trial in any

23  misdemeanor case that has not been resolved within 40 days

24  after arrest or in any felony case that has not been resolved

25  within 125 days after arrest.  Upon filing of the demand, the

26  trial court shall schedule a calendar call within 5 days, at

27  which time the trial shall be scheduled for not less than 5

28  days or more than 45 days following the date of the calendar

29  call.

30         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                   SB 288
    7-27-04




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 2                          SENATE SUMMARY

 3    Creates time limits within which a person charged with a
      crime by information or indictment must be brought to
 4    trial. Permits state attorneys to file a demand for a
      speedy trial. Provides that the trial judge must schedule
 5    a calendar call within 5 days upon the filing of a demand
      for a speedy trial in order to schedule a trial.
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CODING: Words stricken are deletions; words underlined are additions.