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