1 | The Criminal Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to custody of criminal defendants; |
7 | amending s. 907.04, F.S.; providing that arrestees in the |
8 | custody of the Department of Corrections at the time of |
9 | arrest be retained in the department's custody pending |
10 | disposition of the charge or until the expiration of the |
11 | arrestee's original sentence of imprisonment; requiring |
12 | application of specified provisions if an arrested state |
13 | prisoner's presence is required in court; providing an |
14 | effective date. |
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16 | Be It Enacted by the Legislature of the State of Florida: |
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18 | Section 1. Section 907.04, Florida Statutes, is amended to |
19 | read: |
20 | 907.04 Disposition of defendant upon arrest.-- |
21 | (1) Except as provided in subsection (2), if a person who |
22 | is arrested does not have a right to bail for the offense |
23 | charged, he or she shall be delivered immediately into the |
24 | custody of the sheriff of the county in which the indictment, |
25 | information, or affidavit is filed. If the person who is |
26 | arrested has a right to bail, he or she shall be released after |
27 | giving bond on the amount specified in the warrant. |
28 | (2) If the person who is arrested is, at the time of |
29 | arrest, in the custody of the Department of Corrections under |
30 | sentence of imprisonment, unless otherwise ordered by the court, |
31 | such person shall remain in the department's custody pending |
32 | disposition of the charge or until the person's underlying |
33 | sentence of imprisonment expires, whichever occurs earlier. If |
34 | the arrested state prisoner's presence is required in court for |
35 | any reason, the provisions of s. 944.17(8) shall apply. |
36 | Section 2. This act shall take effect July 1, 2006. |