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, 2010. |