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