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