Senate Bill sb0688c2

    Florida Senate - 2006                     CS for CS for SB 688

    By the Committees on Judiciary; Criminal Justice; and Senator
    Bennett




    590-1900-06

  1                      A bill to be entitled

  2         An act relating to arrests and arrestees;

  3         amending s. 901.15, F.S.; prescribing

  4         additional offenses for which a person may be

  5         arrested on probable cause and without warrant;

  6         amending s. 907.04, F.S.; providing that

  7         arrestees in the custody of the Department of

  8         Corrections at the time of arrest be retained

  9         in the department's custody pending disposition

10         of the charge or until the expiration of the

11         arrestee's original sentence of imprisonment;

12         requiring application of specified provisions

13         if an arrested state prisoner's presence is

14         required in court; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Subsections (16) and (17) are added to

19  section 901.15, Florida Statutes, to read:

20         901.15  When arrest by officer without warrant is

21  lawful.--A law enforcement officer may arrest a person without

22  a warrant when:

23         (16)  There is probable cause to believe that the

24  person has committed an exposure of his or her sexual organs

25  in violation of s. 800.03.

26         (17)  There is probable cause to believe that the

27  person has committed an act of voyeurism in violation of s.

28  810.14(1).

29         Section 2.  Section 907.04, Florida Statutes, is

30  amended to read:

31         907.04  Disposition of defendant upon arrest.--

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






    Florida Senate - 2006                     CS for CS for SB 688
    590-1900-06




 1         (1)  Except as provided in subsection (2), if a person

 2  who is arrested does not have a right to bail for the offense

 3  charged, he or she shall be delivered immediately into the

 4  custody of the sheriff of the county in which the indictment,

 5  information, or affidavit is filed. If the person who is

 6  arrested has a right to bail, he or she shall be released

 7  after giving bond on the amount specified in the warrant.

 8         (2)  If the person who is arrested is, at the time of

 9  arrest, in the custody of the Department of Corrections under

10  sentence of imprisonment, unless otherwise ordered by the

11  court, such person shall remain in the department's custody

12  pending disposition of the charge or until the person's

13  underlying sentence of imprisonment expires, whichever occurs

14  earlier. If the arrested state prisoner's presence is required

15  in court for any reason, the provisions of s. 944.17(8) shall

16  apply.

17         Section 3.  This act shall take effect July 1, 2006.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                      CS for Senate Bill 688

21                                 

22  The committee substitute provides two additional circumstances
    for arrest without a warrant: when there is probable cause to
23  believe that a person has exposed his or her sexual organs or
    committed an act of voyeurism.
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CODING: Words stricken are deletions; words underlined are additions.