| 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. |