HB 0271CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to custody of criminal defendants;
7amending s. 907.04, F.S.; providing that arrestees in the
8custody of the Department of Corrections at the time of
9arrest be retained in the department's custody pending
10disposition of the charge or until the expiration of the
11arrestee's original sentence of imprisonment; requiring
12application of specified provisions if an arrested state
13prisoner's presence is required in court; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 907.04, Florida Statutes, is amended to
19read:
20     907.04  Disposition of defendant upon arrest.--
21     (1)  Except as provided in subsection (2), if a person who
22is arrested does not have a right to bail for the offense
23charged, he or she shall be delivered immediately into the
24custody of the sheriff of the county in which the indictment,
25information, or affidavit is filed. If the person who is
26arrested has a right to bail, he or she shall be released after
27giving bond on the amount specified in the warrant.
28     (2)  If the person who is arrested is, at the time of
29arrest, in the custody of the Department of Corrections under
30sentence of imprisonment, unless otherwise ordered by the court,
31such person shall remain in the department's custody pending
32disposition of the charge or until the person's underlying
33sentence of imprisonment expires, whichever occurs earlier. If
34the arrested state prisoner's presence is required in court for
35any reason, the provisions of s. 944.17(8) shall apply.
36     Section 2.  This act shall take effect July 1, 2006.


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