1 | A bill to be entitled |
2 | An act relating to criminal trials; providing a short |
3 | title; amending s. 918.015, F.S.; providing legislative |
4 | findings and intent concerning speedy trial requirements; |
5 | specifying periods for commencement of a trial absent a |
6 | request for application of the speedy trial time periods; |
7 | specifying periods for commencement of a trial when a |
8 | request for application of speedy trial periods is made; |
9 | providing grounds for denial of such a motion; providing |
10 | for vacation of such a motion upon good cause; providing |
11 | for extensions of time; providing for waiver of speedy |
12 | trial periods; providing requirements for a speedy trial |
13 | motion; providing for dismissal of charges if a defendant |
14 | is not brought to trial within the time period prescribed |
15 | by the court; providing requirements for motions for |
16 | dismissal; providing limitations on refiling of charges |
17 | following a dismissal without prejudice; providing for |
18 | determination of whether a defendant is available for |
19 | trial for purposes of speedy trial provisions; providing |
20 | for application of provisions to prisoners outside the |
21 | jurisdiction; providing for applicability when multiple |
22 | counts are charged; providing for applicability when a |
23 | defendant is charged with more than one felony; providing |
24 | for the effect of appeals; providing for retrial after |
25 | declaration of a mistrial; providing for application to |
26 | new or refiled charges after entry of certain entries; |
27 | deleting reference to a rule of the Supreme Court |
28 | concerning speedy trials; amending s. 985.35, F.S.; |
29 | providing that adjudicatory hearings for juveniles must be |
30 | held in accordance with a specified statute relating to |
31 | speedy trials rather than according to specified court |
32 | rules; creating s. 985.36, F.S.; providing a time period |
33 | for juvenile adjudicatory hearings; providing for |
34 | extensions of time; providing for waiver of speedy trial |
35 | period; providing for motions for speedy trial; providing |
36 | for motions for dismissal; providing for dismissal of |
37 | charges if a juvenile is not brought to trial within the |
38 | time period prescribed by the court; providing |
39 | requirements for motions for dismissal; providing |
40 | limitations on refiling of charges following a dismissal |
41 | without prejudice; providing requirements for orders |
42 | dismissing charges with prejudice; providing factors to be |
43 | considered in determining whether charges should be |
44 | dismissed with prejudice; providing for determination of |
45 | whether a juvenile is available for trial for purposes of |
46 | speedy trial provisions; providing of tolling of speedy |
47 | trial period during the determination of a juvenile's |
48 | competency; providing for the effect of a declaration of a |
49 | mistrial, an appeal, or an order for a new trial; |
50 | providing for application to new or refiled charges after |
51 | timely nolle prosequi; repealing Rule 3.191, Florida Rules |
52 | of Criminal Procedure, relating to speedy trials; |
53 | repealing Rule 8.090, Florida Rules of Juvenile Procedure, |
54 | relating to speedy trials in juvenile proceedings; |
55 | providing a contingent effective date. |
56 |
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57 | Be It Enacted by the Legislature of the State of Florida: |
58 |
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59 | Section 1. This act may be cited as the "Raymond L. Marky |
60 | Speedy Trial Reform Act." |
61 | Section 2. Section 918.015, Florida Statutes, is amended |
62 | to read: |
63 | 918.015 Right to speedy trial.- |
64 | (1) RIGHT.-In all criminal prosecutions the state and the |
65 | defendant shall each have the right to a speedy trial. |
66 | (2) FINDINGS; INTENT.-The Legislature finds that Rule |
67 | 3.191, Florida Rules of Criminal Procedure, is substantive in |
68 | character in every respect where it compels strict enforcement |
69 | of time periods for prosecutions of persons accused of crimes, |
70 | where it grants the benefits of its provisions to persons upon |
71 | arrest or service of a notice to appear, regardless of whether |
72 | formal charges are filed, where it continues application of the |
73 | time limitations where the state enters a nolle prosequi of the |
74 | charge, and where it operates to circumvent and preclude the |
75 | filing for formal charges within the statute of limitations |
76 | periods for appropriate offenses. To the extent that these and |
77 | all other substantive effects of rules of court regarding the |
78 | speedy trial of persons charged with crimes expand, alter, or |
79 | enlarge the constitutional right to speedy trial, the |
80 | Legislature adopts the provisions of this section to govern a |
81 | defendant's right to speedy trial. This section shall govern |
82 | unless the Supreme Court declares this section or a provision |
83 | thereof to be procedural. To the extent any provision of this |
84 | section is found procedural, all remaining provisions shall |
85 | supersede any court rule in conflict with such remaining |
86 | substantive provisions. If the Supreme Court adopts a rule of |
87 | procedure to replace this section, or any portion of this |
88 | section, such rule shall neither abridge, enlarge, or modify the |
89 | constitutional right to a speedy trial nor require a dismissal |
90 | of the charge with prejudice where no substantive violation of |
91 | the constitutional right to a speedy trial has occurred. It is |
92 | the intent of the Legislature that the principles and findings |
93 | described in this subsection similarly apply with respect to |
94 | juveniles charged with delinquent acts and to the provisions of |
95 | s. 985.36. The Supreme Court shall, by rule of said court, |
96 | provide procedures through which the right to a speedy trial as |
97 | guaranteed by subsection (1) and by s. 16, Art. I of the State |
98 | Constitution, shall be realized. |
99 | (3) SPEEDY TRIAL GENERAL PROVISIONS.-Except as otherwise |
100 | provided, and subject to the limitations imposed under |
101 | subsections (10) and (11), a person charged with a felony by |
102 | indictment or information, or in the case of a misdemeanor by |
103 | whatever document constitutes a formal charge, shall be brought |
104 | to trial within the following time periods: |
105 | (a) Ninety days after the filing of a misdemeanor; |
106 | (b) One hundred eighty days after the filing of a felony |
107 | of the first, second, or third degree; |
108 | (c) Two hundred seventy-five days after the filing of a |
109 | felony of the first degree punishable by imprisonment for a term |
110 | of years not exceeding life or a life felony; or |
111 | (d) Three hundred sixty-five days after the filing of a |
112 | capital felony. |
113 |
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114 | This subsection does not apply whenever a motion requesting |
115 | application of the speedy trial time periods has been granted |
116 | under subsection (4) or when the state files a no information |
117 | indicating its intent not to file formal charges. |
118 | (4) REQUEST FOR SPEEDY TRIAL TIME PERIODS.-Except as |
119 | otherwise provided in this section, and subject to the |
120 | limitations imposed under subsections (10) and (11), a person |
121 | charged with a felony by indictment or information, or in the |
122 | case of a misdemeanor by whatever document constitutes a formal |
123 | charge, may file a motion with the trial court requesting |
124 | application of the speedy trial time periods under this |
125 | subsection. |
126 | (a) An order granting a motion under this subsection |
127 | requires the defendant to be brought to trial within the |
128 | following time periods: |
129 | 1. Sixty days after the date of an order granting the |
130 | motion for a misdemeanor; |
131 | 2. One hundred twenty days after the date of an order |
132 | granting the motion for a felony of the first, second, or third |
133 | degree; or |
134 | 3. One hundred eighty days after the date of an order |
135 | granting the motion for a felony of the first degree punishable |
136 | by imprisonment for a term of years not exceeding life, a life |
137 | felony, or a capital felony. |
138 | (b) A motion requesting application of the speedy trial |
139 | time periods shall be considered a pleading that the defendant |
140 | is available for trial, has diligently investigated the case, |
141 | and is prepared or will be prepared for trial within 20 days |
142 | after filing the motion. If granted, the motion binds the |
143 | defendant and the state. No motion requesting application of the |
144 | speedy trial time periods shall be filed or served unless the |
145 | defendant has a bona fide desire to obtain a trial sooner than |
146 | otherwise might be provided. |
147 | (c) A motion requesting application of the speedy trial |
148 | time periods shall be granted by the court unless the court |
149 | determines: |
150 | 1. No document constituting a formal charge has been filed |
151 | with the court; |
152 | 2. The defendant is not or will not be prepared for trial |
153 | within 20 days after filing the motion; or |
154 | 3. The factual circumstances, seriousness, or complexity |
155 | of the case is such that the applicable time period provided |
156 | under this subsection is insufficient to allow the state or |
157 | defense adequate time to prepare the case for trial. |
158 | (d) A motion requesting application of the speedy trial |
159 | time periods may be refiled not less than 30 days after a denial |
160 | of a previous motion requesting application of the speedy trial |
161 | time periods. |
162 | (e) An order granting a motion requesting application of |
163 | the speedy trial time periods may only be vacated with consent |
164 | of the state or for good cause shown. Good cause for vacating an |
165 | order granted under this subsection and granting subsequent |
166 | requests for continuances on behalf of the defendant thereafter |
167 | shall not include nonreadiness for trial, except as to matters |
168 | that may arise after the motion requesting application of the |
169 | speedy trial time periods was filed and that reasonably could |
170 | not have been anticipated by the defendant or counsel for the |
171 | defendant. |
172 | (5) EXTENSIONS OF TIME.-Extension of the time periods |
173 | under subsections (3) and (4) may be granted under the following |
174 | circumstances: |
175 | (a) Unexpected illness, unexpected incapacity, or |
176 | unforeseeable and unavoidable absence of a person whose presence |
177 | or testimony is uniquely necessary for a full and adequate |
178 | trial; |
179 | (b) A showing by the state that the case is so unusual and |
180 | so complex, because of the number of defendants or the nature of |
181 | the prosecution or otherwise, that it is unreasonable to expect |
182 | adequate investigation or preparation within the prescribed time |
183 | periods; |
184 | (c) A showing by the state that specific evidence or |
185 | testimony is not available despite diligent efforts to secure |
186 | it, but will become available within a reasonable time; |
187 | (d) A showing by the defendant or the state of necessity |
188 | for delay grounded on developments that could not have been |
189 | anticipated and that will materially affect the trial; |
190 | (e) A showing that a delay is necessary to accommodate a |
191 | codefendant, when there is reason not to sever the cases to |
192 | proceed promptly with trial of the defendant; |
193 | (f) A showing by the state that the defendant has caused |
194 | major delay or disruption of preparation of proceedings, such as |
195 | preventing the attendance of witnesses or otherwise; |
196 | (g) Other exceptional circumstances exist which, as a |
197 | matter of substantial justice to the defendant or the state or |
198 | both, require an extension; |
199 | (h) The state and defense have signed a stipulation for an |
200 | extension; |
201 | (i) The defendant establishes good cause to grant an |
202 | extension without waiving his or her right to speedy trial; or |
203 | (j) The court determines there exists a reasonable and |
204 | necessary period of delay resulting from proceedings including, |
205 | but not limited to: |
206 | 1. An examination and hearing to determine the mental |
207 | competency or physical ability of the defendant to stand trial. |
208 | 2. Hearings on pretrial motions. |
209 | 3. Appeals by the state. |
210 | 4. Review by the state under extraordinary writ. |
211 | 5. DNA testing ordered on the defendant's behalf upon |
212 | defendant's motion specifying the physical evidence to be tested |
213 | under s. 925.12(2). |
214 | 6. Trial of other pending criminal charges against the |
215 | defendant. |
216 | (6) WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of |
217 | this section shall be deemed waived by the defendant when any of |
218 | the following occurs: |
219 | (a) A defendant who has not filed a motion requesting |
220 | application of the speedy trial time periods under subsection |
221 | (4) moves for a continuance. |
222 | (b) A defendant who has filed a motion requesting |
223 | application of the speedy trial time periods under subsection |
224 | (4) moves for a continuance and the motion is granted. |
225 | (c) The defendant is unavailable for trial. |
226 | (d) The defendant agrees to provide substantial assistance |
227 | to the state or law enforcement while his or her case is |
228 | pending. |
229 | (e) The state proves by clear and convincing evidence that |
230 | the defendant has caused major delay or disruption of |
231 | preparation of proceedings, such as preventing the attendance of |
232 | witnesses or otherwise. |
233 | (7) MOTION FOR SPEEDY TRIAL.- |
234 | (a) A motion for speedy trial may be filed after the |
235 | applicable time period under subsection (3) or subsection (4), |
236 | or any period of extension granted by the court, has expired. |
237 | (b) For purposes of calculating the time periods of this |
238 | section, the filing date of the initial formal charging document |
239 | shall be the only event which commences the running of speedy |
240 | trial periods except as provided in subsections (4) and (10). If |
241 | an information or indictment is filed in lieu of charges |
242 | initially brought by citation, notice to appear, or any other |
243 | document that serves as a charging document, the time period |
244 | shall commence from the date of filing of the citation, notice |
245 | to appear, or other document serving as a charging document, but |
246 | the applicable time period shall be the period that adheres to |
247 | the charge as filed by information or indictment. No later than |
248 | 5 days after the date of filing the motion for speedy trial, the |
249 | court shall hold a hearing on the motion. |
250 | (c) A motion for speedy trial shall be granted unless it |
251 | is shown that: |
252 | 1. The failure to hold the trial is attributable to the |
253 | defendant, a codefendant in the same trial, or the counsel of |
254 | either; |
255 | 2. The defendant was unavailable for trial; |
256 | 3. The applicable time period or extension granted by the |
257 | court has not expired; or |
258 | 4. The defendant is not prepared to proceed to trial |
259 | within 10 days after the hearing on the motion for speedy trial. |
260 |
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261 | If the court finds that none of the reasons set forth in this |
262 | paragraph exist, it shall grant the motion and order the |
263 | defendant brought to trial within 10 days unless the court in |
264 | its discretion authorizes a longer time period of up to 30 days. |
265 | (d) A defendant not brought to trial within the 10-day |
266 | period or other time period prescribed by the court, through no |
267 | fault of the defendant or the defendant's counsel, may file a |
268 | motion for dismissal under subsection (8). A person shall be |
269 | considered to have been brought to trial if the trial commences |
270 | within the required time period. For purposes of this paragraph, |
271 | a trial is considered commenced when the jury panel for that |
272 | specific trial has been sworn after voir dire examination and |
273 | selection or, on waiver of a jury trial, when the proceedings |
274 | begin before the judge. |
275 | (8) MOTION FOR DISMISSAL.- |
276 | (a) A defendant whose motion for speedy trial has been |
277 | granted and who has not been brought to trial pursuant to |
278 | subsection (7) may file a motion for dismissal of all charges |
279 | and of any uncharged crime arising out the same criminal |
280 | episode. A dismissal granted solely due to the failure to bring |
281 | the defendant to trial before the expiration of the applicable |
282 | time periods shall be without prejudice. A motion for dismissal |
283 | with prejudice may be ordered if the defendant filed a motion |
284 | requesting application of the speedy trial time periods under |
285 | subsection (4) and such motion was granted, and: |
286 | 1. The length of delay was substantially beyond the |
287 | applicable time periods and has materially prejudiced the |
288 | defendant in his or her defense. Prejudice may be established |
289 | where the defendant can show by clear and convincing evidence |
290 | that while outside applicable time period, or during any |
291 | extended period authorized by the court, an essential witness |
292 | has died or has become unavailable through no fault of the |
293 | defendant, the defendant's counsel, or anyone acting on behalf |
294 | of the defendant or his or her counsel. An essential witness |
295 | means a witness possessing exculpatory information that cannot |
296 | be provided by another witness of comparable credibility, or a |
297 | witness who is essential to explain, identify, or introduce |
298 | admissible evidence the defendant intended to introduce at |
299 | trial. Prejudice may also be established where the defendant can |
300 | show by clear and convincing evidence that exculpatory evidence |
301 | known to the defense during the applicable time periods has been |
302 | destroyed, substantially degraded, lost, or become unavailable |
303 | through no fault of the defendant, the defendant's counsel, or |
304 | anyone acting on behalf of the defendant or his or her counsel; |
305 | or |
306 | 2. The delay has otherwise constituted a substantive |
307 | violation of the defendant's constitutional right to a speedy |
308 | trial. |
309 |
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310 | An order granting a dismissal with prejudice under this |
311 | paragraph must specify factual findings in support of its |
312 | conclusion. |
313 | (b)1. Charges filed by the state after a dismissal without |
314 | prejudice arising out the same criminal episode that was the |
315 | subject of dismissal may not include a new charge or any charge |
316 | of a higher degree that was not previously dismissed. This |
317 | subparagraph does not prohibit amendment of the charging |
318 | document as necessary to correct errors or deficiencies which do |
319 | not add a new charge or increase the degree of severity of a |
320 | charged offense. |
321 | 2. If a nolle prosequi is filed after the expiration of |
322 | the applicable time period under subsection (3) or subsection |
323 | (4) or provided in any court-prescribed extension, charges based |
324 | on the same criminal episode filed after such nolle prosequi may |
325 | not include any new charge or any charge of a higher degree that |
326 | was not previously the subject of the nolle prosequi. This |
327 | subparagraph does not prohibit amendment of the charging |
328 | document as necessary to correct errors or deficiencies which do |
329 | not add a new charge or increase the degree of severity of a |
330 | charged offense. |
331 | 3. A trial on refiled charges arising out of the same |
332 | criminal episode filed after a dismissal without prejudice or |
333 | after a nolle prosequi entered as described in subparagraph 2. |
334 | must be commenced within 60 days for a misdemeanor offense and |
335 | 120 days for a felony offense. If the state fails to bring the |
336 | defendant to trial on such refiled charges as required under |
337 | this subparagraph through no fault of the defendant, the |
338 | defendant's counsel, or anyone acting on behalf of the defendant |
339 | or his or her counsel, the court shall dismiss the charges with |
340 | prejudice. |
341 | (c) The state may appeal a dismissal with prejudice. |
342 | (9) AVAILABILITY FOR TRIAL.-A defendant is unavailable for |
343 | trial if the defendant or his or her counsel fails to attend any |
344 | proceeding at which either's presence is required or the |
345 | defendant or his or her counsel is not ready for trial on the |
346 | date trial is scheduled. No presumption of unavailability |
347 | attaches, but if the state objects to a motion for speedy trial |
348 | and presents any evidence tending to show the defendant's |
349 | unavailability, the defendant must establish, by competent |
350 | proof, availability during the applicable time period. |
351 | (10) PRISONERS OUTSIDE JURISDICTION.-A person who is in |
352 | federal custody or incarcerated in a jail or correctional |
353 | institution outside the jurisdiction of this state or a |
354 | subdivision thereof is not entitled to the benefit of this |
355 | section until that person is returned to the jurisdiction of the |
356 | court in this state within which a charge is pending or within |
357 | which a charge is to be filed upon such person's return and |
358 | until written notice of the person's return is filed with the |
359 | court and served on the prosecutor. For such a person, the time |
360 | period under subsection (3) commences on the date the last act |
361 | required under this subsection occurs and the time period under |
362 | subsection (4) commences on the date an order granting a motion |
363 | requesting application of the speedy trial time periods is |
364 | entered following the completion of all acts required under this |
365 | subsection. If the acts required under this subsection do not |
366 | precede the issuance of an order granting a motion requesting |
367 | application of the speedy trial time periods, the order granting |
368 | the motion is a nullity. |
369 | (11) APPLICABILITY OF TIME PERIODS.-When multiple counts |
370 | are charged, the applicable time period is the period applicable |
371 | to the highest degree of offense. |
372 | (12) EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A |
373 | person who is to be tried again or whose trial has been delayed |
374 | by an appeal by the state or the defendant shall be brought to |
375 | trial within 60 days in the case of a misdemeanor and within 120 |
376 | days in the case of a felony after the date of declaration of a |
377 | mistrial by the trial court, the date of an order by the trial |
378 | court granting a new trial, the date of an order by the trial |
379 | court granting a motion in arrest of judgment, or the date of |
380 | receipt by the trial court of a mandate, order, or notice of |
381 | whatever form from a reviewing court that makes possible a new |
382 | trial for the defendant, whichever is last in time. If a |
383 | defendant is not brought to trial within the prescribed time |
384 | period, the defendant may file a motion for speedy trial under |
385 | subsection (7). |
386 | (13) PERIOD FOR NEW OR REFILED CHARGES AFTER NO |
387 | INFORMATION OR NO TRUE BILL OR AFTER A TIMELY NOLLE PROSEQUI.- |
388 | This section does not prohibit the state from filing any |
389 | criminal charge after the entry of a no information or no true |
390 | bill at any time within the statute of limitations period for |
391 | such offense. This section does not prohibit the refiling of any |
392 | original charges or any new charges after the entry of a nolle |
393 | prosequi when such charges are filed within the statute of |
394 | limitations period for such offense, if the nolle prosequi was |
395 | filed before the expiration of the applicable time period under |
396 | subsection (3) or subsection (4) or, in the case of an extension |
397 | granted by the court, before the expiration of the court's |
398 | extended time period. The speedy trial period for new or refiled |
399 | charges shall be the balance of days remaining on the speedy |
400 | trial period of the charge or charges that were the subject of |
401 | the nolle prosequi or 60 days for a misdemeanor offense or 120 |
402 | days for a felony offense, whichever is greater. If the state |
403 | fails to bring the defendant to trial on such refiled charges |
404 | within the time periods provided under this subsection through |
405 | no fault of the defendant, the defendant's counsel, or anyone |
406 | acting on behalf of the defendant or his or her counsel, the |
407 | court shall dismiss the charges with prejudice. |
408 | Section 3. Subsection (1) of section 985.35, Florida |
409 | Statutes, is amended to read: |
410 | 985.35 Adjudicatory hearings; withheld adjudications; |
411 | orders of adjudication.- |
412 | (1) The adjudicatory hearing must be held as soon as |
413 | practicable after the petition alleging that a child has |
414 | committed a delinquent act or violation of law is filed and in |
415 | accordance with s. 985.36 the Florida Rules of Juvenile |
416 | Procedure; but reasonable delay for the purpose of |
417 | investigation, discovery, or procuring counsel or witnesses |
418 | shall be granted. If the child is being detained, the time |
419 | limitations in s. 985.26(2) and (3) apply. |
420 | Section 4. Section 985.36, Florida Statutes, is created to |
421 | read: |
422 | 985.36 Juvenile right to speedy trial.- |
423 | (1) TIME.-If a petition has been filed alleging a juvenile |
424 | to have committed a delinquent act, the juvenile shall be |
425 | brought to an adjudicatory hearing within 90 days after the |
426 | earlier of the following: |
427 | (a) The date the juvenile was taken into custody; or |
428 | (b) The date of service of the summons that is issued |
429 | when the petition is filed. |
430 | (2) EXTENSIONS OF TIME.-Extension of the time period under |
431 | subsection (1) may be granted under the following circumstances: |
432 | (a) Unexpected illness, unexpected incapacity, or |
433 | unforeseeable and unavoidable absence of a person whose presence |
434 | or testimony is uniquely necessary for a full and adequate |
435 | trial; |
436 | (b) A showing by the state that the case is so unusual and |
437 | so complex, because of the number of persons charged or the |
438 | nature of the prosecution or otherwise, that it is unreasonable |
439 | to expect adequate investigation or preparation within the |
440 | prescribed time period; |
441 | (c) A showing by the state that specific evidence or |
442 | testimony is not available despite diligent efforts to secure |
443 | it, but will become available within a reasonable time; |
444 | (d) A showing by the defense or the state of necessity for |
445 | delay grounded on developments that could not have been |
446 | anticipated and that will materially affect the trial; |
447 | (e) A showing that a delay is necessary to accommodate a |
448 | codefendant, when there is reason not to sever the cases to |
449 | proceed promptly with trial of the juvenile; |
450 | (f) A showing by the state that the juvenile has caused |
451 | major delay or disruption of preparation of proceedings, such as |
452 | by preventing the attendance of witnesses or otherwise; |
453 | (g) Other exceptional circumstances exist which, as a |
454 | matter of substantial justice to the juvenile or the state or |
455 | both, require an extension; |
456 | (h) The state and defense have signed a stipulation for an |
457 | extension; |
458 | (i) The juvenile establishes good cause to grant an |
459 | extension without waiving his or her right to speedy trial; or |
460 | (j) The court determines there exists a reasonable and |
461 | necessary period of delay resulting from proceedings including, |
462 | but not limited to: |
463 | 1. An examination and hearing to determine the mental |
464 | competency or physical ability of the juvenile to stand for the |
465 | adjudicatory hearing. |
466 | 2. Hearings on pretrial motions. |
467 | 3. Appeals by the state. |
468 | 4. Review by the state under extraordinary writ. |
469 | 5. Adjudicatory hearings of other pending charges against |
470 | the juvenile. |
471 | (3) WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of |
472 | this section shall be deemed waived by the juvenile when any of |
473 | the following occurs: |
474 | (a) The juvenile moves for a continuance. |
475 | (b) The juvenile is unavailable for trial. |
476 | (c) The juvenile agrees to provide substantial assistance |
477 | to the state or law enforcement while his or her case is |
478 | pending. |
479 | (d) The state proves by clear and convincing evidence that |
480 | the juvenile has caused major delay or disruption of preparation |
481 | of proceedings, such as by preventing the attendance of |
482 | witnesses or otherwise. |
483 | (4) MOTION FOR SPEEDY TRIAL.- |
484 | (a) A motion for speedy trial may be filed after the time |
485 | period under subsection (1) or any period of extension granted |
486 | by the court has expired. |
487 | (b) No later than 5 days after the date of filing the |
488 | motion for speedy trial, the court shall hold a hearing on the |
489 | motion. |
490 | (c) A motion for speedy trial shall be granted unless it |
491 | is shown that: |
492 | 1. The failure to hold the adjudicatory hearing is |
493 | attributable to the juvenile, a codefendant in the same case, or |
494 | the counsel of either; |
495 | 2. The juvenile was unavailable for trial; |
496 | 3. The time period or extension granted by the court has |
497 | not expired; or |
498 | 4. The juvenile is not prepared to proceed to trial within |
499 | 10 days after the hearing on the motion for speedy trial. |
500 |
|
501 | If the court finds that none of the reasons set forth in this |
502 | paragraph exist, it shall grant the motion and order the |
503 | juvenile to be brought to an adjudicatory hearing within 10 |
504 | days. |
505 | (d) A juvenile not brought to his or her adjudicatory |
506 | hearing within the 10-day period, through no fault of the |
507 | juvenile or the juvenile's counsel, may file a motion for |
508 | dismissal under subsection (5). A juvenile shall be considered |
509 | to have been brought to his or her adjudicatory hearing if the |
510 | hearing commences within the required time period. For purposes |
511 | of this paragraph, the adjudicatory hearing is considered |
512 | commenced when the proceedings begin before the judge. |
513 | (5) MOTION FOR DISMISSAL.- |
514 | (a) A juvenile whose motion for speedy trial has been |
515 | granted and who has not been brought to an adjudicatory hearing |
516 | under subsection (4) may file a motion for dismissal of the |
517 | petition and of any uncharged delinquent act arising out the |
518 | same criminal episode. If the state failed to bring the juvenile |
519 | to an adjudicatory hearing as required under subsection (4) |
520 | through no fault of the juvenile or the juvenile's counsel, the |
521 | court may, in its discretion, dismiss the charge without |
522 | prejudice, or with prejudice if the court finds good cause |
523 | exists which warrants permanent dismissal of the petition based |
524 | on consideration of the following factors: |
525 | 1. The length of the delay. |
526 | 2. The circumstances and reason for the delay. |
527 | 3. The seriousness of the charge. |
528 | 4. The degree of prejudice to the defense. |
529 |
|
530 | An order dismissing a petition with prejudice under this |
531 | paragraph must be in writing and supported by facts which |
532 | support a finding that the length of the delay was unreasonable |
533 | and that the prejudice to the juvenile diminished his or her |
534 | defense in a material way. |
535 | (b)1. Charges filed by the state after a dismissal without |
536 | prejudice arising out the same criminal episode that was the |
537 | subject of dismissal may not include any new charge or any |
538 | charge of a higher degree that was not previously dismissed. |
539 | This subparagraph does not prohibit amendment of the petition as |
540 | necessary to correct errors or deficiencies which do not add a |
541 | new charge or increase the degree of severity of a charged |
542 | offense. |
543 | 2. If a nolle prosequi is filed after the expiration of |
544 | the time period specified in subsection (1), charges based on |
545 | the same criminal episode filed after such nolle prosequi may |
546 | not include any new charge or any charge of a higher degree that |
547 | was not previously the subject of the nolle prosequi. This |
548 | subparagraph does not prohibit amendment of the petition as |
549 | necessary to correct errors or deficiencies which do not add a |
550 | new charge or increase the degree of severity of a charged |
551 | offense. |
552 | 3. An adjudicatory hearing on refiled charges arising out |
553 | the same criminal episode filed after a dismissal without |
554 | prejudice or after a nolle prosequi entered as described in |
555 | subparagraph 2. must be commenced within 60 days. If the state |
556 | fails to bring the juvenile to an adjudicatory hearing on such |
557 | refiled charges as required under this subparagraph through no |
558 | fault of the juvenile or juvenile's counsel, the court shall |
559 | dismiss the charges with prejudice. |
560 | (c) The state may appeal a dismissal with prejudice. |
561 | (6) AVAILABILITY FOR TRIAL.-A juvenile is unavailable for |
562 | trial if the juvenile or his or her counsel fails to attend any |
563 | proceeding at which either's presence is required or the |
564 | juvenile or his or her counsel is not ready for the adjudicatory |
565 | hearing on the date it is scheduled. No presumption of |
566 | unavailability attaches, but if the state objects to a motion |
567 | for speedy trial and presents any evidence tending to show the |
568 | juvenile's unavailability, the juvenile must establish, by |
569 | competent proof, availability during the time period. |
570 | (7) INCOMPETENCY OF JUVENILE.-Upon the filing of a motion |
571 | to declare the juvenile incompetent, the speedy trial period |
572 | shall be tolled until a subsequent finding of the court that the |
573 | child is competent to proceed. |
574 | (8) EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A |
575 | juvenile who is to have another adjudicatory hearing or whose |
576 | adjudicatory hearing has been delayed by an appeal by the state |
577 | or the defense shall be brought to an adjudicatory hearing |
578 | within 60 days after the date of declaration of a mistrial by |
579 | the trial court, the date of an order by the trial court |
580 | granting a new trial, the date of an order by the trial court |
581 | granting a motion in arrest of judgment, or the date of receipt |
582 | by the trial court of a mandate, order, or notice of whatever |
583 | form from a reviewing court that makes possible a new trial for |
584 | the respondent, whichever is last in time. If a juvenile is not |
585 | brought to an adjudicatory hearing within the prescribed time |
586 | period, the juvenile may file a motion for speedy trial under |
587 | subsection (5). |
588 | (9) PERIOD FOR NEW OR REFILED CHARGES AFTER NO PETITION OR |
589 | AFTER TIMELY NOLLE PROSEQUI.-This section does not prohibit the |
590 | state from filing a petition after the entry of a no petition at |
591 | any time within the statute of limitations period for such |
592 | offense if the person who is the subject of the petition remains |
593 | under the jurisdiction of the juvenile court the day a new |
594 | petition is filed. This section does not prohibit the refiling |
595 | of any original charges or any new charges after the entry of a |
596 | nolle prosequi when such charges are filed within the statute of |
597 | limitations period for such offense, if the nolle prosequi was |
598 | filed before the expiration of the time period provided in |
599 | subsection (1) and if the person who is the subject of the new |
600 | charges in the petition remains under the jurisdiction of the |
601 | juvenile court the day a new petition is filed. The speedy trial |
602 | period for new or refiled charges shall be the balance of days |
603 | remaining on the speedy trial period of the charge or charges |
604 | that were the subject of the nolle prosequi or 60 days, |
605 | whichever is greater. If the state fails to bring the juvenile |
606 | to trial on such refiled charges as required under this |
607 | subsection through no fault of the juvenile, the juvenile's |
608 | counsel, or anyone acting on behalf of the juvenile or his or |
609 | her counsel, the court shall dismiss the petition with |
610 | prejudice. |
611 | Section 5. Rule 3.191, Florida Rules of Criminal |
612 | Procedure, is repealed. |
613 | Section 6. Rule 8.090, Florida Rules of Juvenile Procedure |
614 | is repealed. |
615 | Section 7. This act shall take effect upon becoming law, |
616 | but sections 4 and 5 of this act shall take effect only if this |
617 | act is enacted by a two-thirds vote of the membership of each |
618 | house of the Legislature. |