Senate Bill sb1044c1

    Florida Senate - 2005                           CS for SB 1044

    By the Committee on Judiciary; and Senator Crist





    590-2315-05

  1                      A bill to be entitled

  2         An act relating to juvenile proceedings;

  3         amending s. 985.228, F.S.; providing the time

  4         period by which a juvenile shall be brought for

  5         an adjudicatory hearing; repealing Florida Rule

  6         of Juvenile Procedure 8.090 to the extent it is

  7         inconsistent with the act; providing an

  8         effective date; providing a contingent

  9         effective date.

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

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13         Section 1.  Subsection (1) of section 985.228, Florida

14  Statutes, is amended to read:

15         985.228  Adjudicatory hearings; withheld adjudications;

16  orders of adjudication.--

17         (1)  If a petition is filed alleging that a child has

18  committed a delinquent act or violation of law, the child, in

19  accordance with the Florida Rules of Juvenile Procedure, shall

20  be brought to an The adjudicatory hearing without demand must

21  be held as soon as practicable within 90 days of the earlier

22  of the date the child was taken into custody or the date of

23  service of the summons issued upon the filing of a petition,

24  except that after the petition alleging that a child has

25  committed a delinquent act or violation of law is filed and in

26  accordance with the Florida Rules of Juvenile Procedure; but

27  reasonable delay for the purpose of investigation, discovery,

28  or procuring counsel or witnesses shall be granted. If the

29  child is being detained, the time limitations provided for in

30  s. 985.215(5)(c) and (d) apply.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1044
    590-2315-05




 1         Section 2.  Rule 8.090, Florida Rules of Juvenile

 2  Procedure, relating to speedy trial, is repealed to the extent

 3  that it is inconsistent with this act.

 4         Section 3.  This act shall take effect July 1, 2005,

 5  except that section 2 of this act shall take effect only if

 6  this act is passed by a two-thirds vote of the membership of

 7  each house of the Legislature.

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 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1044

11                                 

12  This committee substitute:

13  --   Provides for a child to be brought to an adjudicatory
         hearing, without demand, within 90 days from the date
14       that he or she is taken into custody, or from the service
         of summons, whichever is earlier, pursuant to the Florida
15       Rules of Juvenile Procedure;

16  --   Repeals Rule 8.090 of the Florida Rules of Juvenile
         Procedure, relating to speedy trial in juvenile hearings,
17       to the extent that it is inconsistent with this committee
         substitute, upon approval by a two-thirds vote of both
18       the Senate and the House of Representatives.

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CODING: Words stricken are deletions; words underlined are additions.