| 1 | The Criminal Justice Appropriations Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to arrests and arrestees; amending s. |
| 8 | 901.15, F.S.; providing additional offenses for which a |
| 9 | person may be arrested on probable cause and without |
| 10 | warrant; amending s. 907.04, F.S.; providing that |
| 11 | arrestees in the custody of the Department of Corrections |
| 12 | at the time of arrest be retained in the department's |
| 13 | custody pending disposition of the charge or until the |
| 14 | expiration of the arrestee's original sentence of |
| 15 | imprisonment; requiring application of specified |
| 16 | provisions if an arrested state prisoner's presence is |
| 17 | required in court; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (16) and (17) are added to section |
| 22 | 901.15, Florida Statutes, to read: |
| 23 | 901.15 When arrest by officer without warrant is |
| 24 | lawful.--A law enforcement officer may arrest a person without a |
| 25 | warrant when: |
| 26 | (16) There is probable cause to believe that the person |
| 27 | has committed an exhibition or exposure of his or her sexual |
| 28 | organs in violation of s. 800.03. |
| 29 | (17) There is probable cause to believe that the person |
| 30 | has committed an act of voyeurism in violation of s. 810.14(1). |
| 31 | Section 2. Section 907.04, Florida Statutes, is amended to |
| 32 | read: |
| 33 | 907.04 Disposition of defendant upon arrest.-- |
| 34 | (1) Except as provided in subsection (2), if a person who |
| 35 | is arrested does not have a right to bail for the offense |
| 36 | charged, he or she shall be delivered immediately into the |
| 37 | custody of the sheriff of the county in which the indictment, |
| 38 | information, or affidavit is filed. If the person who is |
| 39 | arrested has a right to bail, he or she shall be released after |
| 40 | giving bond on the amount specified in the warrant. |
| 41 | (2) If the person who is arrested is, at the time of |
| 42 | arrest, in the custody of the Department of Corrections under |
| 43 | sentence of imprisonment, unless otherwise ordered by the court, |
| 44 | such person shall remain in the department's custody pending |
| 45 | disposition of the charge or until the person's underlying |
| 46 | sentence of imprisonment expires, whichever occurs earlier. If |
| 47 | the arrested state prisoner's presence is required in court for |
| 48 | any reason, the provisions of s. 944.17(8) shall apply. |
| 49 | Section 3. This act shall take effect July 1, 2006. |