Florida Senate - 2024                                    SB 7068
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice
       
       
       
       
       
       604-03509-24                                          20247068__
    1                        A bill to be entitled                      
    2         An act relating to pretrial detention hearings;
    3         amending s. 907.041, F.S.; authorizing a court to base
    4         certain orders of pretrial detention solely on
    5         hearsay; making technical changes; providing an
    6         effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraphs (j) through (m) of subsection (5) of
   11  section 907.041, Florida Statutes, are redesignated as
   12  paragraphs (k) through (n), respectively, paragraph (i) of that
   13  subsection is amended, and a new paragraph (j) is added to that
   14  subsection, to read:
   15         907.041 Pretrial detention and release.—
   16         (5) PRETRIAL DETENTION.—
   17         (i) The defendant is entitled to be represented by counsel,
   18  to present witnesses and evidence, and to cross-examine
   19  witnesses. The rules concerning admissibility of evidence in
   20  criminal trials do not apply to the presentation and
   21  consideration of evidence at the detention hearing. The court
   22  may base an order of pretrial detention under paragraph (d)
   23  solely on hearsay., but Evidence secured in violation of the
   24  United States Constitution or the Constitution of the State of
   25  Florida shall not be admissible.
   26         (j) The defendant is entitled to be represented by counsel,
   27  to present witnesses and evidence, and to cross-examine
   28  witnesses. No testimony by the defendant shall be admissible to
   29  prove guilt at any other judicial proceeding, but such testimony
   30  may be admitted in an action for perjury, based upon the
   31  defendant’s statements made at the pretrial detention hearing,
   32  or for impeachment.
   33         Section 2. This act shall take effect upon becoming a law.