Bill Text: FL H0089 | 2010 | Regular Session | Introduced

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Bill Title: Pretrial Proceedings

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2010-04-30 - Died in Messages [H0089 Detail]

Download: Florida-2010-H0089-Introduced.html

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HB 89

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
15	Be It Enacted by the Legislature of the State of Florida:
16
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, 2010.

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