HB 0235CS

CHAMBER ACTION




1The Juvenile Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to juvenile proceedings; amending s.
7985.228, F.S.; providing the time period by which a
8juvenile shall be brought for an adjudicatory hearing;
9repealing Florida Rule of Juvenile Procedure 8.090 to the
10extent it is inconsistent with the act; providing an
11effective date; providing a contingent effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (1) of section 985.228, Florida
16Statutes, is amended to read:
17     985.228  Adjudicatory hearings; withheld adjudications;
18orders of adjudication.--
19     (1)  If a petition is filed alleging that a child has
20committed a delinquent act or violation of law, the child, in
21accordance with the Florida Rules of Juvenile Procedure, shall
22be brought to an The adjudicatory hearing without demand must be
23held as soon as practicable within 90 days of the earlier of the
24date the child was taken into custody or the date of service of
25the summons issued upon the filing of a petition, except that
26after the petition alleging that a child has committed a
27delinquent act or violation of law is filed and in accordance
28with the Florida Rules of Juvenile Procedure; but reasonable
29delay for the purpose of investigation, discovery, or procuring
30counsel or witnesses shall be granted. If the child is being
31detained, the time limitations provided for in s. 985.215(5)(c)
32and (d) apply.
33     Section 2.  Rule 8.090, Florida Rules of Juvenile
34Procedure, relating to speedy trial, is repealed to the extent
35that it is inconsistent with this act.
36     Section 3.  This act shall take effect July 1, 2005, except
37that section 2 of this act shall take effect only if this act is
38passed by a two-thirds vote of the membership of each house of
39the Legislature.


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