| 1 | A bill to be entitled | 
| 2 | An act relating to pretrial proceedings; providing a short  | 
| 3 | title; amending s. 948.06, F.S.; providing that at the  | 
| 4 | first appearance of a probationer or an offender on  | 
| 5 | community control arrested for a new offense for which the  | 
| 6 | court finds the existence of probable cause, the court may  | 
| 7 | order pretrial detention or pretrial release of the person  | 
| 8 | with or without bail to await further hearing to determine  | 
| 9 | the outcome of a violation hearing; providing for  | 
| 10 | dismissal if no affidavit alleging a violation of  | 
| 11 | probation or community control is filed within a specified  | 
| 12 | period; exempting persons subject to hearings under  | 
| 13 | specified provisions; providing an effective date. | 
| 14 | 
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| 15 | Be It Enacted by the Legislature of the State of Florida: | 
| 16 | 
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| 17 |      Section 1.  This act may be cited as the "Officer Andrew  | 
| 18 | Widman Act." | 
| 19 |      Section 2.  Paragraphs (c) through (f) of subsection (1) of  | 
| 20 | section 948.06, Florida Statutes, are redesignated as paragraphs  | 
| 21 | (d) through (g), respectively, and a new paragraph (c) is added  | 
| 22 | to that subsection to read: | 
| 23 |      948.06  Violation of probation or community control;  | 
| 24 | revocation; modification; continuance; failure to pay  | 
| 25 | restitution or cost of supervision.-- | 
| 26 |      (1) | 
| 27 |      (c)  Notwithstanding s. 907.041, at the first appearance of  | 
| 28 | a probationer or an offender on community control arrested for a  | 
| 29 | new offense for which the court finds the existence of probable  | 
| 30 | cause, the court may order pretrial detention or pretrial  | 
| 31 | release of the person with or without bail to await further  | 
| 32 | hearing to determine the outcome of a violation hearing. If no  | 
| 33 | affidavit alleging a violation of probation or community control  | 
| 34 | is filed with the court within 10 days after arrest for the new  | 
| 35 | offense, the order regarding pretrial detention or pretrial  | 
| 36 | release on the uncharged violation of probation or community  | 
| 37 | control shall be dismissed. This paragraph does not apply to a  | 
| 38 | probationer or community controllee subject to a hearing on his  | 
| 39 | or her danger to the community required under subsection (4) or  | 
| 40 | paragraph (8)(e). | 
| 41 |      Section 3.  This act shall take effect October 1, 2009. |