| 1 | The Justice Council 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 arrests and arrestees; amending s. |
| 7 | 907.04, F.S.; providing that arrestees in the custody of |
| 8 | the Department of Corrections at the time of arrest be |
| 9 | retained in the department's custody pending disposition |
| 10 | of the charge or until the expiration of the arrestee's |
| 11 | original sentence of imprisonment; requiring application |
| 12 | of specified provisions if an arrested state prisoner's |
| 13 | presence is required in court; providing an effective |
| 14 | date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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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. |