Senate Bill sb0288c2

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    Florida Senate - 2004                     CS for CS for SB 288

    By the Committees on Judiciary; Criminal Justice; and Senator
    Lynn




    308-2507-04

  1                      A bill to be entitled

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

  3         creating s. 918.0151, F.S.; creating time

  4         limits within which a person charged with a

  5         crime by information or indictment must be

  6         brought to trial; permitting state attorneys to

  7         file a demand for a speedy trial; providing

  8         conditions that must be met in order to do so;

  9         requiring that the trial judge schedule a

10         calendar call upon the filing of a demand for a

11         speedy trial in order to schedule a trial;

12         prescribing conditions under which the trial

13         court may extend a trial date; providing an

14         effective date.

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

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18         Section 1.  Section 918.0151, Florida Statutes, is

19  created to read:

20         918.0151  Victim's right to speedy trial; speedy trial

21  demand by state.--After the court grants a third continuance

22  requested by the defendant and objected to by the state in any

23  felony or misdemeanor case, the state attorney may file a

24  demand for a speedy trial if the state has met its obligations

25  under the rules of discovery. Alternatively, in any felony

26  case not resolved within 125 days after the filing of formal

27  charges and the arrest of the defendant or service of a notice

28  to appear in lieu of arrest, or in any misdemeanor case not

29  resolved within 45 days after the filing of charges and the

30  arrest of the defendant or service of notice to appear in lieu

31  of arrest, the state attorney may file a demand for speedy

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    Florida Senate - 2004                     CS for CS for SB 288
    308-2507-04




 1  trial if the state has met its obligations under the rules of

 2  discovery. Upon filing of the demand, the trial court shall

 3  schedule a calendar call within 5 days, at which time the

 4  trial shall be scheduled to commence within not less than 5

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

 6  call. The trial court may extend the trial date for up to 30

 7  additional days upon a showing by the defendant that a

 8  necessary witness or witnesses were properly served but failed

 9  to attend a scheduled deposition and that, despite a

10  subsequent court order to appear, they failed to do so. The

11  trial court may also extend the time limit for trial outlined

12  in this section by not less than 30 days but not more than 70

13  days due to the appointment or substitution of counsel due to

14  conflict of interest or other good legal cause for new counsel

15  shown by the defendant.

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

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    Florida Senate - 2004                     CS for CS for SB 288
    308-2507-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS Senate Bill 288

 3                                 

 4  This CS limits the state's authority to file a demand for
    speedy trial in the following manner:
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    -    Requires the state to object to the defense continuances;
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    -    Requires the state to have met its obligations under
 7       discovery rules; and,

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    -    Regarding the specified time limits, requires that they
 9       start from the date of the filing of formal charges and
         the arrest of the defendant or service of a notice to
10       appear in lieu of arrest.

11  Grants the court discretion to extend the trial date in the
    following instances:
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    -    The trial court can extend for up to 30 additional days
13       upon a showing by the defendant that a necessary witness
         or witnesses were properly served but failed to attend a
14       scheduled deposition, even after a subsequent court
         order.
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    -    The trial court can extend by not less than 30 days or
16       more than 70 days due to the appointment or substitution
         of counsel due to a conflict of interest or other good
17       legal cause for new counsel shown by the defendant.

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