HB 0285

1
A bill to be entitled
2An act relating to the right to a speedy trial; creating
3time limits within which a person charged with a crime
4must be brought to trial; permitting state attorneys to
5file a demand for a speedy trial; providing conditions
6that must be met in order to do so; requiring that the
7trial judge schedule a calendar call upon the filing of a
8demand for a speedy trial in order to schedule a trial;
9prescribing conditions under which the trial court may
10postpone a trial date; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Victim's right to a speedy trial; speedy trial
15demand by the state attorney.--
16     (1)  The state attorney may file a demand for a speedy
17trial if the state has met its obligations under the rules of
18discovery, and if the charge is:
19     (a)  A felony or misdemeanor and the court has granted at
20least three continuances upon the request of the defendant and
21over the objection of the state attorney.
22     (b)  A felony and the case is not resolved within 125 days
23after the date that formal charges are filed and the defendant
24is arrested or the date that notice to appear in lieu of arrest
25is served upon the defendant.
26     (c)  A misdemeanor and the case is not resolved within 45
27days after the date that formal charges are filed and the
28defendant is arrested or the date that notice to appear in lieu
29of arrest is served upon the defendant.
30     (2)  Upon the filing of a demand for a speedy trial, the
31trial court shall schedule a calendar call within 5 days, at
32which time the court shall schedule the trial to commence no
33sooner than 5 days or later than 45 days following the date of
34the calendar call.
35     (3)(a)  The trial court may postpone the trial date for up
36to 30 additional days upon a showing by the defendant that a
37necessary witness who was properly served failed to attend the
38deposition and also failed to attend a subsequently scheduled
39deposition following a court order to appear.
40     (b)  The trial court may also postpone the trial date for
41no fewer than 30 days but no more than 70 days if the court
42grants a motion by counsel to withdraw due to a conflict of
43interest, or for other good legal cause, and the court appoints
44other counsel.
45     Section 2.  This act shall take effect July 1, 2005.


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