CS/HB 265

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending s. 903.046, F.S.; requiring a court considering
4whether to release a defendant on bail to determine
5whether the defendant is subject to registration as a
6sexual offender or predator and, if so, to hold the
7defendant without bail until the first appearance on the
8case; providing an exception; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraphs (m) and (n) are added to subsection
13(2) of section 903.046, Florida Statutes, to read:
14     903.046  Purpose of and criteria for bail determination.-
15     (2)  When determining whether to release a defendant on
16bail or other conditions, and what that bail or those conditions
17may be, the court shall consider:
18     (m)  Whether the defendant, other than a defendant whose
19only criminal charge is a misdemeanor offense under chapter 316,
20is required to register as a sexual offender under s. 943.0435;
21and, if so, he or she is not eligible for release on bail or
22surety bond until the first appearance on the case in order to
23ensure the full participation of the prosecutor and the
24protection of the public.
25     (n)  Whether the defendant, other than a defendant whose
26only criminal charge is a misdemeanor offense under chapter 316,
27is required to register as a sexual predator under s. 775.21;
28and, if so, he or she is not eligible for release on bail or
29surety bond until the first appearance on the case in order to
30ensure the full participation of the prosecutor and the
31protection of the public.
32     Section 2.  This act shall take effect July 1, 2011.


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