House Bill 0607
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Florida House of Representatives - 2000 HB 607
By Representative Cantens
1 A bill to be entitled
2 An act relating to pretrial release; amending
3 s. 903.046, F.S.; revising criteria for bail
4 determination; amending s. 907.041, F.S.;
5 prohibiting persons charged with dangerous
6 crimes from being placed on pretrial release on
7 nonmonetary conditions at first appearance
8 hearings; providing criteria for pretrial
9 release on nonmonetary conditions; creating s.
10 903.0471, F.S.; authorizing a court to order
11 pretrial detention for persons on pretrial
12 release who commit new crimes under certain
13 circumstances; repealing Rules 3.131 and 3.132,
14 Florida Rules of Criminal Procedure, relating
15 to pretrial release and pretrial detention, to
16 the extent those rules are inconsistent with
17 this act; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Paragraph (j) of subsection (2) of section
22 903.046, Florida Statutes, is redesignated as paragraph (k),
23 and a new paragraph (j) is added to said subsection, to read:
24 903.046 Purpose of and criteria for bail
25 determination.--
26 (2) When determining whether to release a defendant on
27 bail or other conditions, and what that bail or those
28 conditions may be, the court shall consider:
29 (j) Whether there is probable cause to believe that
30 the defendant committed a new crime while on pretrial release.
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1 Section 2. Subsections (3) and (4) of section 907.041,
2 Florida Statutes, are amended to read:
3 907.041 Pretrial detention and release.--
4 (3) RELEASE ON NONMONETARY CONDITIONS.--
5 (a) It is the intent of the Legislature to create a
6 presumption in favor of release on nonmonetary conditions for
7 any person who is granted pretrial release unless such person
8 is charged with a dangerous crime as defined in subsection
9 (4). Such person shall be released on monetary conditions
10 only if it is determined that such monetary conditions are
11 necessary to assure the presence of the person at trial or at
12 other proceedings, to protect the community from risk of
13 physical harm to persons, to assure the presence of the
14 accused at trial, or to assure the integrity of the judicial
15 process.
16 (b) No person shall be released on nonmonetary
17 conditions under the supervision of a pretrial release
18 service, unless the service certifies to the court that it has
19 investigated or otherwise verified:
20 1. The circumstances of the accused's family,
21 employment, financial resources, character, mental condition,
22 and length of residence in the community;
23 2. The accused's record of convictions, of appearances
24 at court proceedings, of flight to avoid prosecution, or of
25 failure to appear at court proceedings; and
26 3. Other facts necessary to assist the court in its
27 determination of the indigency of the accused and whether she
28 or he should be released under the supervision of the service.
29 (4) PRETRIAL DETENTION.--
30 (a) As used in this subsection, "dangerous crime"
31 means any of the following:
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1 1. Arson;
2 2. Aggravated assault;
3 3. Aggravated battery;
4 4. Illegal use of explosives;
5 5. Child abuse or aggravated child abuse;
6 6. Abuse of an elderly person or disabled adult, or
7 aggravated abuse of an elderly person or disabled adult;
8 7. Hijacking;
9 8. Kidnapping;
10 9. Homicide;
11 10. Manslaughter;
12 11. Sexual battery;
13 12. Robbery;
14 13. Carjacking;
15 14. Lewd, lascivious, or indecent assault or act upon
16 or in presence of a child under the age of 16 years;
17 15. Sexual activity with a child, who is 12 years of
18 age or older but less than 18 years of age, by or at
19 solicitation of person in familial or custodial authority;
20 16. Burglary of a dwelling;
21 17. Stalking and aggravated stalking;
22 18. Act of domestic violence as defined in s. 741.28;
23 and
24 19. Attempting or conspiring to commit any such crime;
25 and home-invasion robbery.
26 (b) No person charged with a dangerous crime shall be
27 granted nonmonetary pretrial release at a first appearance
28 hearing.
29 (c)(b) The court may order pretrial detention if it
30 finds a substantial probability, based on a defendant's past
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1 and present patterns of behavior, the criteria in s. 903.046,
2 and any other relevant facts, that:
3 1. The defendant has previously violated conditions of
4 release and that no further conditions of release are
5 reasonably likely to assure the defendant's appearance at
6 subsequent proceedings;
7 2. The defendant, with the intent to obstruct the
8 judicial process, has threatened, intimidated, or injured any
9 victim, potential witness, juror, or judicial officer, or has
10 attempted or conspired to do so, and that no condition of
11 release will reasonably prevent the obstruction of the
12 judicial process;
13 3. The defendant is charged with trafficking in
14 controlled substances as defined by s. 893.135, that there is
15 a substantial probability that the defendant has committed the
16 offense, and that no conditions of release will reasonably
17 assure the defendant's appearance at subsequent criminal
18 proceedings; or
19 4. The defendant poses the threat of harm to the
20 community. The court may so conclude if it finds that the
21 defendant is presently charged with a dangerous crime, that
22 there is a substantial probability that the defendant
23 committed such crime, that the factual circumstances of the
24 crime indicate a disregard for the safety of the community,
25 and that there are no conditions of release reasonably
26 sufficient to protect the community from the risk of physical
27 harm to persons. In addition, the court must find that at
28 least one of the following conditions is present:
29 a. The defendant has previously been convicted of a
30 crime punishable by death or life imprisonment.
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1 b. The defendant has been convicted of a dangerous
2 crime within the 10 years immediately preceding the date of
3 his or her arrest for the crime presently charged.
4 c. The defendant is on probation, parole, or other
5 release pending completion of sentence or on pretrial release
6 for a dangerous crime at the time of the current arrest.
7 (d)(c) When a person charged with a crime for which
8 pretrial detention could be ordered is arrested, the arresting
9 agency shall promptly notify the state attorney of the arrest
10 and shall provide the state attorney with such information as
11 the arresting agency has obtained relative to:
12 1. The nature and circumstances of the offense
13 charged;
14 2. The nature of any physical evidence seized and the
15 contents of any statements obtained from the defendant or any
16 witness;
17 3. The defendant's family ties, residence, employment,
18 financial condition, and mental condition; and
19 4. The defendant's past conduct and present conduct,
20 including any record of convictions, previous flight to avoid
21 prosecution, or failure to appear at court proceedings.
22 (e)(d) When a person charged with a crime for which
23 pretrial detention could be ordered is arrested, the arresting
24 agency may detain such defendant, prior to the filing by the
25 state attorney of a motion seeking pretrial detention, for a
26 period not to exceed 24 hours.
27 (f)(e) The court shall order detention only after a
28 pretrial detention hearing. The hearing shall be held within
29 5 days of the filing by the state attorney of a complaint to
30 seek pretrial detention. The defendant may request a
31 continuance. No continuance shall be for longer than 5 days
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1 unless there are extenuating circumstances. The defendant may
2 be detained pending the hearing. The state attorney shall be
3 entitled to one continuance for good cause.
4 (g)(f) The state attorney has the burden of showing
5 the need for pretrial detention.
6 (h)(g) The defendant is entitled to be represented by
7 counsel, to present witnesses and evidence, and to
8 cross-examine witnesses. The court may admit relevant
9 evidence without complying with the rules of evidence, but
10 evidence secured in violation of the United States
11 Constitution or the Constitution of the State of Florida shall
12 not be admissible. No testimony by the defendant shall be
13 admissible to prove guilt at any other judicial proceeding,
14 but such testimony may be admitted in an action for perjury,
15 based upon the defendant's statements made at the pretrial
16 detention hearing, or for impeachment.
17 (i)(h) The pretrial detention order of the court shall
18 be based solely upon evidence produced at the hearing and
19 shall contain findings of fact and conclusions of law to
20 support it. The order shall be made either in writing or
21 orally on the record. The court shall render its findings
22 within 24 hours of the pretrial detention hearing.
23 (j)(i) If ordered detained pending trial pursuant to
24 subparagraph (c)4. (b)4., the defendant may not be held for
25 more than 90 days. Failure of the state to bring the
26 defendant to trial within that time shall result in the
27 defendant's release from detention, subject to any conditions
28 of release, unless the trial delay was requested or caused by
29 the defendant or his or her counsel.
30 (k)(j) A defendant convicted at trial following the
31 issuance of a pretrial detention order shall have credited to
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1 his or her sentence, if imprisonment is imposed, the time the
2 defendant was held under the order, pursuant to s. 921.161.
3 (l)(k) The defendant shall be entitled to dissolution
4 of the pretrial detention order whenever the court finds that
5 a subsequent event has eliminated the basis for detention.
6 Section 3. Section 903.0471, Florida Statutes, is
7 created to read:
8 903.0471 Violation of condition of pretrial
9 release.--Notwithstanding s. 907.041, a court may, on its own
10 motion, revoke pretrial release and order pretrial detention
11 if the court finds probable cause to believe that the
12 defendant committed a new crime while on pretrial release and,
13 in the discretion of the court, the facts and circumstances
14 support a finding that no conditions of release can reasonably
15 protect the community from the risk of physical harm to
16 persons, assure the presence of the accused at trial, or
17 assure the integrity of the judicial process.
18 Section 4. Rules 3.131 and 3.132, Florida Rules of
19 Criminal Procedure, are hereby repealed to the extent that the
20 rules are inconsistent with this act.
21 Section 5. This act shall take effect upon becoming a
22 law, except that section 4 shall take effect only if this act
23 is passed by the affirmative vote of two-thirds of the
24 membership of each house of the Legislature.
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2 HOUSE SUMMARY
3
Revises criteria for bail determination to include
4 consideration as to whether there is probable cause to
believe that the defendant committed a new crime while on
5 pretrial release.
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Prohibits persons charged with a dangerous crime from
7 being placed on pretrial release on nonmonetary
conditions at first appearance hearings.
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9 Authorizes a court to order pretrial detention for
persons on pretrial release who commit new crimes.
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11 Repeals Rules 3.131 and 3.132, Florida Rules of Criminal
Procedure, relating to pretrial release and pretrial
12 detention, to the extent that such rules are inconsistent
with this act. See bill for details.
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