| 1 | A bill to be entitled |
| 2 | An act relating to pretrial proceedings; providing a short |
| 3 | title; amending s. 948.06, F.S.; providing that at the |
| 4 | first appearance of a probationer or an offender on |
| 5 | community control arrested for a new offense for which the |
| 6 | court finds the existence of probable cause, the court may |
| 7 | order pretrial detention or pretrial release of the person |
| 8 | with or without bail to await further hearing to determine |
| 9 | the outcome of a violation hearing; providing for |
| 10 | dismissal if no affidavit alleging a violation of |
| 11 | probation or community control is filed within a specified |
| 12 | period; exempting persons subject to hearings under |
| 13 | specified provisions; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. This act may be cited as the "Officer Andrew |
| 18 | Widman Act." |
| 19 | Section 2. Paragraphs (c) through (f) of subsection (1) of |
| 20 | section 948.06, Florida Statutes, are redesignated as paragraphs |
| 21 | (d) through (g), respectively, and a new paragraph (c) is added |
| 22 | to that subsection to read: |
| 23 | 948.06 Violation of probation or community control; |
| 24 | revocation; modification; continuance; failure to pay |
| 25 | restitution or cost of supervision.-- |
| 26 | (1) |
| 27 | (c) Notwithstanding s. 907.041, at the first appearance of |
| 28 | a probationer or an offender on community control arrested for a |
| 29 | new offense for which the court finds the existence of probable |
| 30 | cause, the court may order pretrial detention or pretrial |
| 31 | release of the person with or without bail to await further |
| 32 | hearing to determine the outcome of a violation hearing. If no |
| 33 | affidavit alleging a violation of probation or community control |
| 34 | is filed with the court within 10 days after arrest for the new |
| 35 | offense, the order regarding pretrial detention or pretrial |
| 36 | release on the uncharged violation of probation or community |
| 37 | control shall be dismissed. This paragraph does not apply to a |
| 38 | probationer or community controllee subject to a hearing on his |
| 39 | or her danger to the community required under subsection (4) or |
| 40 | paragraph (8)(e). |
| 41 | Section 3. This act shall take effect October 1, 2010. |