HB 89
1
A bill to be entitled
2An act relating to pretrial proceedings; providing a short
3title; amending s. 948.06, F.S.; providing that at the
4first appearance of a probationer or an offender on
5community control arrested for a new offense for which the
6court finds the existence of probable cause, the court may
7order pretrial detention or pretrial release of the person
8with or without bail to await further hearing to determine
9the outcome of a violation hearing; providing for
10dismissal if no affidavit alleging a violation of
11probation or community control is filed within a specified
12period; exempting persons subject to hearings under
13specified provisions; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the "Officer Andrew
18Widman Act."
19 Section 2. Paragraphs (c) through (f) of subsection (1) of
20section 948.06, Florida Statutes, are redesignated as paragraphs
21(d) through (g), respectively, and a new paragraph (c) is added
22to that subsection to read:
23 948.06 Violation of probation or community control;
24revocation; modification; continuance; failure to pay
25restitution or cost of supervision.--
26 (1)
27 (c) Notwithstanding s. 907.041, at the first appearance of
28a probationer or an offender on community control arrested for a
29new offense for which the court finds the existence of probable
30cause, the court may order pretrial detention or pretrial
31release of the person with or without bail to await further
32hearing to determine the outcome of a violation hearing. If no
33affidavit alleging a violation of probation or community control
34is filed with the court within 10 days after arrest for the new
35offense, the order regarding pretrial detention or pretrial
36release on the uncharged violation of probation or community
37control shall be dismissed. This paragraph does not apply to a
38probationer or community controllee subject to a hearing on his
39or her danger to the community required under subsection (4) or
40paragraph (8)(e).
41 Section 3. This act shall take effect October 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.