HB 1481

1	A bill to be entitled
2	An act relating to pretrial release; amending s. 903.047,
3	F.S.; defining the term "intimate partners"; prohibiting a
4	defendant, as a condition of pretrial release, from
5	purchasing or receiving a firearm under certain specified
6	circumstances; requiring that the defendant surrender any
7	firearm in his or her possession to a law enforcement
8	officer if the defendant poses a credible threat to the
9	safety of the alleged victim, the victim's family, or a
10	witness and if the defendant and the alleged victim are
11	intimate partners; providing for the defendant's pretrial
12	release to be revoked and the defendant placed in pretrial
13	detention if the defendant fails to surrender a firearm;
14	specifying the form for orders for pretrial release
15	conditions, modification of pretrial release conditions,
16	and termination of pretrial release conditions in domestic
17	violence cases involving intimate partners; requiring the
18	clerk of the court to forward a court's domestic violence
19	order to the sheriff no later than 24 hours after the
20	pretrial release conditions are ordered, terminated,
21	modified, or otherwise rendered no longer effective;
22	requiring the sheriff to electronically notify the
23	Department of Law Enforcement of the domestic violence
24	information no later than 24 hours after receiving the
25	information from the clerk of the court; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Section 903.047, Florida Statutes, is amended
31	to read:
32	903.047  Conditions of pretrial release.--
33	(1)  As used in this section, the term "intimate partners"
34	means spouses, former spouses, or persons who presently reside
35	together in an intimate relationship or who have resided
36	together in the past in an intimate relationship, or persons who
37	are parents of a child or children regardless of whether they
38	have been married.
39	(2)(1)  As a condition of pretrial release, whether the
40	such release is by surety bail bond or recognizance bond or in
41	some other form, the court shall require that the defendant:
42	(a)  The defendant Refrain from criminal activity of any
43	kind; and
44	(b)  The defendant Refrain from any contact of any type
45	with the victim, except through pretrial discovery under
46	pursuant to the Florida Rules of Criminal Procedure;.
47	(c)  Not purchase or receive a firearm if the offense for
48	which the defendant is granted pretrial release is an offense
49	specified in s. 790.065(2)(c); and
50	(d)  Surrender any firearm in his or her possession to the
51	arresting law enforcement officer or law enforcement agency in
52	the municipality or county in which the defendant resides if it
53	is apparent from the face of the arrest report, complaint
54	affidavit, or information made available to the court under s.
55	741.2901(3), that:
56	1.  The defendant poses a credible threat to the safety of
57	the alleged victim, the victim's family, or a witness; and
58	2.  The defendant and the alleged victim are intimate
59	partners.
60
61	Failure to comply with this subsection shall result in
62	revocation of pretrial supervision and the defendant shall be
63	placed in pretrial detention.
64	(3)(a)  For a crime of domestic violence involving intimate
65	partners, the order of pretrial supervision shall be in
66	substantially the following form:
67
68	ORDER OF PRETRIAL RELEASE CONDITIONS IN DOMESTIC VIOLENCE
69	CASES INVOLVING INTIMATE PARTNERS
70
71	The above-named defendant has been charged with a crime of
72	domestic violence involving an intimate partner. The term
73	"intimate partner" means a spouse; a former spouse; a
74	person who presently resides, or who resided in the past,
75	in an intimate relationship with the defendant; or a
76	person who is a parent of a child or children of the
77	defendant.
78
79	The monetary bond as required by section 907.041(4),
80	Florida Statutes, is $_____________ cash or surety.
81	In addition to any monetary bond required by law, THE
82	DEFENDANT IS ORDERED AS FOLLOWS:
83
84	(Initial the blank for condition 4. or 6., if appropriate,
85	or mark "N/A" if it is not applicable.)
86	1.  Do not engage in any criminal activity.
87	2.  Do not use or possess any illegal drugs.
88	3.  Do not purchase or receive a firearm.
89	4.  Surrender any firearm in your possession to the
90	arresting law enforcement officer, or law enforcement
91	agency in the municipality or county in which you reside,
92	within 24 hours after your release because it is apparent
93	from the face of the arrest report, complaint affidavit,
94	or information made available to the court under section
95	741.2901(3), Florida Statutes, that you pose a credible
96	threat to the safety of the alleged victim, victim's
97	family, or witness. You must provide proof of compliance
98	with this condition of pretrial supervision with pretrial
99	services or, if there is no pretrial service program, the
100	clerk of the court. Failure to comply with this condition
101	will result in revocation of pretrial supervision and your
102	being placed in pretrial detention.
103	5.  Refrain from any contact with the alleged victim,
104	directly or indirectly, in person, in writing, by
105	telephone, pager, fax, or through third persons. Stay at
106	least 500 feet away from the alleged victim, the alleged
107	victim's home, place of employment, and school at all
108	times. Do not knowingly and intentionally come within 100
109	feet of the alleged victim's motor vehicle.
110	6.  If you resided with the alleged victim at the
111	time of the arrest, you may return to the alleged victim's
112	residence, one time only, within 48 hours after your
113	release following entry of this order. You must be
114	accompanied by a law enforcement officer from an agency
115	having jurisdiction over the alleged victim's residence.
116	You may retrieve your personal clothing, personal health
117	items, medication, personal and business-related
118	paperwork, and work tools. Going to the alleged victim's
119	home or remaining at the home unaccompanied by the law
120	enforcement officer will subject you to arrest. You must
121	give the law enforcement officer all keys and garage door
122	openers to the alleged victim's home, who will turn them
123	over to the alleged victim.
124
125	The court is aware of a possible conflict between
126	paragraph 5. of this order and a prior visitation order.
127	However, in order to prevent immediate harm, the court has
128	entered this order, which supersedes and takes precedence
129	over any prior court order that allows contact between the
130	parties. Either party may request a hearing before the
131	judge in the case where the visitation order was entered
132	to seek a modified visitation order that does not conflict
133	with the "no contact" provision in this order, and may
134	request modification of this pretrial release order.
135
136	This order shall remain in effect until the pretrial
137	release supervision is terminated or until modified or
138	terminated by the court.
139
140	Violation of this order is a first-degree misdemeanor
141	under section 741.29(6), Florida Statutes, which carries a
142	maximum punishment upon conviction of 1 year in jail and a
143	fine of $1,000, or may subject you to criminal contempt of
144	court charges, and result in revocation of bond or
145	pretrial release and pretrial detention.
146
147	(b)  For a crime of domestic violence involving intimate
148	partners, the order modifying pretrial supervision shall be in
149	substantially the following form:
150
151	ORDER MODIFYING PRETRIAL RELEASE CONDITIONS IN DOMESTIC
152	VIOLENCE CASES INVOLVING INTIMATE PARTNERS
153
154	This matter came before the court upon the defendant's or
155	the alleged victim's request to modify the order of
156	pretrial release conditions previously issued under
157	section 903.047, Florida Statutes.  The court heard the
158	testimony of the witnesses and hereby ORDERS AND ADJUDGES:
159
160	(Initial the blank in 1., 2., or 3., if appropriate, or
161	mark "N/A" if it is not applicable.)
162
163	1.  Paragraph 5. (the "no contact" provision) of the
164	order of pretrial release conditions issued in this case
165	on (DATE) _____________________in favor of (ALLEGED
166	VICTIM)_______________ is hereby vacated to allow parties
167	to have contact. The defendant may have contact with the
168	alleged victim, but may not threaten or act violently
169	towards the alleged victim in any manner. This is a
170	condition of pretrial release under section 903.047,
171	Florida Statutes.
172
173	2.  Paragraph 4. of the order of pretrial release
174	conditions issued in this case on (DATE)___________ is
175	hereby vacated. The court having confirmed that there is
176	no injunction in effect, hereby orders that any firearm
177	surrendered by or taken from the defendant must be
178	immediately returned to the defendant by the law
179	enforcement agency with possession of the firearm when the
180	defendant arrives to retrieve the firearm because the
181	court finds that the defendant does not pose a credible
182	threat to the safety of the alleged victim, victim's
183	family, or witness.
184
185	3.  Paragraph 4. of the order of pretrial release
186	conditions issued in this case on (DATE)__________ is
187	hereby retained and the firearms surrendered by or taken
188	from the defendant may not be returned to his or her
189	possession because the court finds that the defendant
190	continues to pose a credible threat to the safety of the
191	alleged victim, victim's family, or witness, or the
192	defendant is otherwise ineligible to possess a firearm.
193
194	4.  All other conditions of the order of pretrial
195	release conditions remain in full force and effect.
196	However, the defendant remains ineligible to purchase or
197	receive a firearm under section 790.065, Florida Statutes.
198
199	(c)  For a crime of domestic violence involving intimate
200	partners, the order terminating pretrial supervision shall be in
201	substantially the following form:
202
203	ORDER TERMINATING PRETRIAL RELEASE CONDITIONS IN DOMESTIC
204	VIOLENCE CASES INVOLVING INTIMATE PARTNERS
205
206	The defendant in this case is no longer on pretrial
207	release. Any prior order of pretrial release conditions
208	entered under section 903.047, Florida Statutes, are
209	hereby TERMINATED AND OF NO FURTHER FORCE OR EFFECT.
210
211	(d)  A program providing pretrial services or, if there is
212	no pretrial service program, the clerk of the court shall mail a
213	copy of each of these orders to the alleged victim no later than
214	24 hours after entry of the order.
215	(4)  The clerk of the court shall forward the court's order
216	to the sheriff no later than 24 hours after the pretrial release
217	conditions are ordered, terminated, modified, or otherwise
218	rendered ineffective by a ruling of the court or final
219	disposition of the case. The sheriff shall, within 24 hours
220	after receiving the notification from the clerk of the court,
221	make information relating to the notification available to other
222	law enforcement agencies by electronically transmitting the
223	information to the Department of Law Enforcement.
224	(5)(2)  Upon motion by the defendant when bail is set, or
225	upon later motion properly noticed under pursuant to law, the
226	court may modify the condition required by paragraph
227	(2)(b)(1)(b) if good cause is shown and the interests of justice
228	so require.  The victim shall be permitted to be heard at any
229	proceeding in which the such modification is considered, and the
230	state attorney shall notify the victim of the provisions of this
231	subsection and of the pendency of any such proceeding.
232	Section 2.  This act shall take effect July 1, 2005.

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