Senate Bill sb0288c1

    Florida Senate - 2004                            CS for SB 288

    By the Committee on Criminal Justice; and Senator Lynn





    307-2234-04

  1                      A bill to be entitled

  2         An act relating to the right to a speedy trial;

  3         creating time limits within which a person

  4         charged with a crime by information or

  5         indictment must be brought to trial; permitting

  6         state attorneys to file a demand for a speedy

  7         trial; requiring that the trial judge schedule

  8         a calendar call upon the filing of a demand for

  9         a speedy trial in order to schedule a trial;

10         providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Victim's right to speedy trial; speedy

15  trial demand by the state.--After the court grants a third

16  continuance requested by the defendant in any felony or

17  misdemeanor case, the state attorney may file a demand for a

18  speedy trial. Alternatively, in any felony case not resolved

19  within 125 days after the filing of formal charges, or in any

20  misdemeanor case not resolved within 45 days after the filing

21  of charges, the state attorney may file a demand for speedy

22  trial. Upon filing of the demand, the trial court shall

23  schedule a calendar call within 5 days, at which time the

24  trial shall be scheduled to commence within not less than 5

25  days or more than 45 days following the date of the calendar

26  call.

27         Section 2.  This act shall take effect July 1, 2004.

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






    Florida Senate - 2004                            CS for SB 288
    307-2234-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 288

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 4  -    The CS changes the "trigger" for the speedy trial
         deadlines in the original bill, from the arrest of the
 5       defendant to the filing of formal charges.

 6  -    The CS provides two alternatives which must occur before
         the State invokes the speedy trial right conferred in the
 7       bill.  Either the court has granted the defense three
         continuances in the case, or certain time periods have
 8       elapsed since the filing of formal charges.  These time
         periods are 125 days in a felony case and 45 days in a
 9       misdemeanor case.  The original bill provided for the
         State's demand for speedy trial after 125 days in a
10       felony case and 40 days in a misdemeanor, post-arrest,
         and there was no reference to defense continuances.
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    -    The CS deletes the provision in the original bill that
12       would have all felony cases brought to trial within 175
         days and all misdemeanors within 90 days, "barring
13       unforeseen or extraordinary circumstances."

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