Senate Bill sb0688

    Florida Senate - 2006                                   SB 688

    By Senator Bennett





    21-675-06                                           See HB 271

  1                      A bill to be entitled

  2         An act relating to custody of criminal

  3         defendants; amending s. 907.04, F.S.; providing

  4         for court orders requiring that arrestees in

  5         the custody of the Department of Corrections at

  6         the time of arrest be retained in the

  7         department's custody pending transfer to the

  8         custody of a sheriff; providing an effective

  9         date.

10  

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

12  

13         Section 1.  Section 907.04, Florida Statutes, is

14  amended to read:

15         907.04  Disposition of defendant upon arrest.--

16         (1)  Except as provided in subsection (2), if a person

17  who is arrested does not have a right to bail for the offense

18  charged, he or she shall be delivered immediately into the

19  custody of the sheriff of the county in which the indictment,

20  information, or affidavit is filed. If the person who is

21  arrested has a right to bail, he or she shall be released

22  after giving bond on the amount specified in the warrant.

23         (2)  If the person who is arrested is, at the time of

24  arrest, in the custody of the Department of Corrections under

25  sentence of imprisonment, the court may order that person to

26  remain in the department's custody pending transportation and

27  transfer to the custody of the sheriff of the county in which

28  the indictment, information, or affidavit is filed, as

29  necessary for further proceedings.

30         Section 2.  This act shall take effect July 1, 2006.

31  

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