HB 271

1
A bill to be entitled
2An act relating to custody of criminal defendants;
3amending s. 907.04, F.S.; providing for court orders
4requiring that arrestees in the custody of the Department
5of Corrections at the time of arrest be retained in the
6department's custody pending transfer to the custody of a
7sheriff; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 907.04, Florida Statutes, is amended to
12read:
13     907.04  Disposition of defendant upon arrest.--
14     (1)  Except as provided in subsection (2), if a person who
15is arrested does not have a right to bail for the offense
16charged, he or she shall be delivered immediately into the
17custody of the sheriff of the county in which the indictment,
18information, or affidavit is filed. If the person who is
19arrested has a right to bail, he or she shall be released after
20giving bond on the amount specified in the warrant.
21     (2)  If the person who is arrested is, at the time of
22arrest, in the custody of the Department of Corrections under
23sentence of imprisonment, the court may order that person to
24remain in the department's custody pending transportation and
25transfer to the custody of the sheriff of the county in which
26the indictment, information, or affidavit is filed, as necessary
27for further proceedings.
28     Section 2.  This act shall take effect July 1, 2006.


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