Senate Bill sb0006Ce1
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    SB 6-C                                         First Engrossed
  1                      A bill to be entitled
  2         An act relating to terrorism; creating s.
  3         775.30, F.S.; defining "terrorism" for purposes
  4         of the Florida Criminal Code; amending s.
  5         907.041, F.S.; providing for pretrial detention
  6         of persons charged with an act of terrorism;
  7         providing an effective date.
  8
  9  Be It Enacted by the Legislature of the State of Florida:
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11         Section 1.  Section 775.30, Florida Statutes, is
12  created to read:
13         775.30  Terrorism; definition.--As used in the Florida
14  Criminal Code, the term "terrorism" means an activity that:
15         (1)(a)  Involves a violent act or an act dangerous to
16  human life which is a violation of the criminal laws of this
17  state or of the United States; or
18         (b)  Involves a violation of s. 815.06; and 
19         (2)  Is intended to:
20         (a)  Intimidate, injure, or coerce a civilian
21  population;
22         (b)  Influence the policy of a government by
23  intimidation or coercion; or
24         (c)  Affect the conduct of government through
25  destruction of property, assassination, murder, kidnapping, or
26  aircraft piracy.
27         Section 2.  Paragraph (a) of subsection (4) of s.
28  907.041, Florida Statutes, is amended to read:
29         907.041  Pretrial detention and release.--
30         (4)  PRETRIAL DETENTION.--
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    SB 6-C                                         First Engrossed
  1         (a)  As used in this subsection, "dangerous crime"
  2  means any of the following:
  3         1.  Arson;
  4         2.  Aggravated assault;
  5         3.  Aggravated battery;
  6         4.  Illegal use of explosives;
  7         5.  Child abuse or aggravated child abuse;
  8         6.  Abuse of an elderly person or disabled adult, or
  9  aggravated abuse of an elderly person or disabled adult;
10         7.  Aircraft piracy Hijacking;
11         8.  Kidnapping;
12         9.  Homicide;
13         10.  Manslaughter;
14         11.  Sexual battery;
15         12.  Robbery;
16         13.  Carjacking;
17         14.  Lewd, lascivious, or indecent assault or act upon
18  or in presence of a child under the age of 16 years;
19         15.  Sexual activity with a child, who is 12 years of
20  age or older but less than 18 years of age, by or at
21  solicitation of person in familial or custodial authority;
22         16.  Burglary of a dwelling;
23         17.  Stalking and aggravated stalking;
24         18.  Act of domestic violence as defined in s. 741.28;
25  and
26         19.  Home invasion robbery;
27         20.  Act of terrorism as defined in s.775.30; and
28         21.  Attempting or conspiring to commit any such crime;
29  and home-invasion robbery.
30         (b)  No person charged with a dangerous crime shall be
31  granted nonmonetary pretrial release at a first appearance
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    SB 6-C                                         First Engrossed
  1  hearing; however, the court shall retain the discretion to
  2  release an accused on electronic monitoring or on recognizance
  3  bond if the findings on the record of facts and circumstances
  4  warrant such a release.
  5         (c)  The court may order pretrial detention if it finds
  6  a substantial probability, based on a defendant's past and
  7  present patterns of behavior, the criteria in s. 903.046, and
  8  any other relevant facts, that any of the following
  9  circumstances exists:
10         1.  The defendant has previously violated conditions of
11  release and that no further conditions of release are
12  reasonably likely to assure the defendant's appearance at
13  subsequent proceedings;
14         2.  The defendant, with the intent to obstruct the
15  judicial process, has threatened, intimidated, or injured any
16  victim, potential witness, juror, or judicial officer, or has
17  attempted or conspired to do so, and that no condition of
18  release will reasonably prevent the obstruction of the
19  judicial process;
20         3.  The defendant is charged with trafficking in
21  controlled substances as defined by s. 893.135, that there is
22  a substantial probability that the defendant has committed the
23  offense, and that no conditions of release will reasonably
24  assure the defendant's appearance at subsequent criminal
25  proceedings; or
26         4.  The defendant is charged with DUI manslaughter, as
27  defined by s. 316.193, and that there is a substantial
28  probability that the defendant committed the crime and that
29  the defendant poses a threat of harm to the community;
30  conditions that would support a finding by the court pursuant
31  to this subparagraph that the defendant poses a threat of harm
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    SB 6-C                                         First Engrossed
  1  to the community include, but are not limited to, any of the
  2  following:
  3         a.  The defendant has previously been convicted of any
  4  crime under s. 316.193, or of any crime in any other state or
  5  territory of the United States that is substantially similar
  6  to any crime under s. 316.193;
  7         b.  The defendant was driving with a suspended driver's
  8  license when the charged crime was committed; or
  9         c.  The defendant has previously been found guilty of,
10  or has had adjudication of guilt withheld for, driving while
11  the defendant's driver's license was suspended or revoked in
12  violation of s. 322.34;
13         5.  The defendant poses the threat of harm to the
14  community.  The court may so conclude, if it finds that the
15  defendant is presently charged with a dangerous crime, that
16  there is a substantial probability that the defendant
17  committed such crime, that the factual circumstances of the
18  crime indicate a disregard for the safety of the community,
19  and that there are no conditions of release reasonably
20  sufficient to protect the community from the risk of physical
21  harm to persons.
22         6.  The defendant was on probation, parole, or other
23  release pending completion of sentence or on pretrial release
24  for a dangerous crime at the time the current offense was
25  committed; or
26         7.  The defendant has violated one or more conditions
27  of pretrial release or bond for the offense currently before
28  the court and the violation, in the discretion of the court,
29  supports a finding that no conditions of release can
30  reasonably protect the community from risk of physical harm to
31  persons or assure the presence of the accused at trial.
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    SB 6-C                                         First Engrossed
  1         (d)  When a person charged with a crime for which
  2  pretrial detention could be ordered is arrested, the arresting
  3  agency shall promptly notify the state attorney of the arrest
  4  and shall provide the state attorney with such information as
  5  the arresting agency has obtained relative to:
  6         1.  The nature and circumstances of the offense
  7  charged;
  8         2.  The nature of any physical evidence seized and the
  9  contents of any statements obtained from the defendant or any
10  witness;
11         3.  The defendant's family ties, residence, employment,
12  financial condition, and mental condition; and
13         4.  The defendant's past conduct and present conduct,
14  including any record of convictions, previous flight to avoid
15  prosecution, or failure to appear at court proceedings.
16         (e)  When a person charged with a crime for which
17  pretrial detention could be ordered is arrested, the arresting
18  agency may detain such defendant, prior to the filing by the
19  state attorney of a motion seeking pretrial detention, for a
20  period not to exceed 24 hours.
21         (f)  The pretrial detention hearing shall be held
22  within 5 days of the filing by the state attorney of a
23  complaint to seek pretrial detention.  The defendant may
24  request a continuance.  No continuance shall be for longer
25  than 5 days unless there are extenuating circumstances. The
26  defendant may be detained pending the hearing.  The state
27  attorney shall be entitled to one continuance for good cause.
28         (g)  The state attorney has the burden of showing the
29  need for pretrial detention.
30         (h)  The defendant is entitled to be represented by
31  counsel, to present witnesses and evidence, and to
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    SB 6-C                                         First Engrossed
  1  cross-examine witnesses.  The court may admit relevant
  2  evidence without complying with the rules of evidence, but
  3  evidence secured in violation of the United States
  4  Constitution or the Constitution of the State of Florida shall
  5  not be admissible.  No testimony by the defendant shall be
  6  admissible to prove guilt at any other judicial proceeding,
  7  but such testimony may be admitted in an action for perjury,
  8  based upon the defendant's statements made at the pretrial
  9  detention hearing, or for impeachment.
10         (i)  The pretrial detention order of the court shall be
11  based solely upon evidence produced at the hearing and shall
12  contain findings of fact and conclusions of law to support it.
13  The order shall be made either in writing or orally on the
14  record. The court shall render its findings within 24 hours of
15  the pretrial detention hearing.
16         (j)  A defendant convicted at trial following the
17  issuance of a pretrial detention order shall have credited to
18  his or her sentence, if imprisonment is imposed, the time the
19  defendant was held under the order, pursuant to s. 921.161.
20         (k)  The defendant shall be entitled to dissolution of
21  the pretrial detention order whenever the court finds that a
22  subsequent event has eliminated the basis for detention.
23         Section 3.  This act shall take effect upon becoming a
24  law.
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