Senate Bill sb0116

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)           SB 116

    By Senator Fasano





    11-54-06

  1                      A bill to be entitled

  2         An act relating to pretrial release; amending

  3         s. 903.047, F.S.; requiring that a defendant

  4         charged with an offense involving controlled

  5         substances prove the legitimacy of any funds

  6         intended to be used to obtain the release of

  7         the defendant; requiring proof of the purpose

  8         and intention of the surety to secure the

  9         appearance of the defendant to answer charges;

10         amending s. 903.0471, F.S.; requiring a court

11         to revoke a defendant's existing pretrial

12         release and return the defendant to custody on

13         the pending charge following the defendant's

14         arrest for a subsequent felony offense

15         involving controlled substances; providing that

16         the defendant is ineligible for pretrial

17         release under certain circumstances; requiring

18         a defendant to prove that releasing the

19         defendant will not pose a danger to the

20         community; creating s. 903.081, F.S.; requiring

21         a surety in a case involving controlled

22         substances to file an affidavit attesting that

23         he or she has made a diligent effort to

24         determine the source and legitimacy of any

25         funds or property intended to be used to pay

26         the premium charged to a defendant or to act as

27         collateral; requiring the surety to provide the

28         detailed information relied on by the surety in

29         preparing the affidavit; providing an effective

30         date.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 116
    11-54-06




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

 2  

 3         Section 1.  Section 903.047, Florida Statutes, is

 4  amended to read:

 5         903.047  Conditions of pretrial release.--

 6         (1)  As a condition of pretrial release, whether a such

 7  release is by surety bail bond or recognizance bond or in some

 8  other form, the court shall require that:

 9         (a)  The defendant refrain from criminal activity of

10  any kind; and

11         (b)  The defendant refrain from any contact of any type

12  with the victim, except through pretrial discovery under

13  pursuant to the Florida Rules of Criminal Procedure.

14         (2)  The court shall require that a defendant prove, by

15  a preponderance of the evidence, as a condition of pretrial

16  release by criminal surety bond, whenever a felony violation

17  under chapter 893 is alleged:

18         (a)  The source and legitimacy of any funds intended to

19  be used to obtain the release of the defendant; and

20         (b)  Proof of the purpose and intention of the surety

21  to secure the appearance of the defendant to answer charges.

22         (3)(2)  Upon motion by the defendant when bail is set,

23  or upon later motion properly noticed by pursuant to law, the

24  court may modify the condition required by paragraph (1)(b) if

25  good cause is shown and the interests of justice so require.

26  The victim shall be permitted to be heard at any proceeding in

27  which the such modification is considered, and the state

28  attorney shall notify the victim of the provisions of this

29  subsection and of the pendency of any the such proceeding.

30         Section 2.  Section 903.0471, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006        (Corrected Copy)           SB 116
    11-54-06




 1         903.0471  Violation of condition of pretrial release.--

 2         (1)  Notwithstanding s. 907.041, a court may, on its

 3  own motion, revoke pretrial release and order pretrial

 4  detention if the court finds probable cause to believe that

 5  the defendant committed a new crime while on pretrial release.

 6         (2)  Notwithstanding s. 907.041, when a defendant has

 7  been granted pretrial release on an alleged felony violation

 8  of chapter 893 and is subsequently arrested for a new felony

 9  violation of chapter 893, the court shall revoke the

10  defendant's existing pretrial release and return the defendant

11  to custody on the pending charge. The defendant is not

12  eligible for pretrial release on the subsequent charge until

13  such time as an evidentiary hearing is held. At the

14  evidentiary hearing on the subsequent charge, the defendant

15  must prove, by a preponderance of the evidence, that releasing

16  the defendant will not pose a danger to the community.

17         Section 3.  Section 903.081, Florida Statutes, is

18  created to read:

19         903.081  Obligations of the surety in an offense

20  involving controlled substances.--Before undertaking to

21  execute a criminal surety bond for any felony violation under

22  chapter 893 for any person, the surety must execute and file

23  an affidavit attesting that he or she has made a diligent

24  effort to determine the source and legitimacy of any funds

25  intended to be used to pay the premium charged to any

26  defendant, as well as the source and legitimacy of any funds

27  used to purchase any property intended to be used as

28  collateral by the defendant, and detailing the information

29  relied on by the surety in preparation for executing the

30  affidavit.

31         Section 4.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006        (Corrected Copy)           SB 116
    11-54-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires a defendant to prove the legitimacy of any funds
      intended to be used to obtain the release of the
 4    defendant in an offense involving controlled substances
      and to provide proof of the purpose and intention of the
 5    surety to secure the appearance of the defendant to
      answer charges. Requires a court to revoke a defendant's
 6    existing pretrial release, return the defendant to
      custody on the pending charge, and not permit the
 7    defendant to be released under certain circumstances.
      Requires a defendant to prove that releasing the
 8    defendant will not pose a danger to the community.
      Requires a surety in a case involving controlled
 9    substances to file an affidavit attesting that he or she
      has made a diligent effort to determine the source and
10    legitimacy of any funds or property intended to be used
      to pay the premium charged to a defendant or to act as
11    collateral. Requires the surety to provide the detailed
      information relied on by the surety in preparing the
12    affidavit.

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