Bill Text: FL S1372 | 2013 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pretrial Detention

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-26 - Laid on Table, companion bill(s) passed, see HB 7035 (Ch. 2013-214) [S1372 Detail]

Download: Florida-2013-S1372-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1372
       
       
       
       By the Committee on Judiciary; and Senator Bradley
       
       
       
       
       590-02287-13                                          20131372c1
    1                        A bill to be entitled                      
    2         An act relating to pretrial detention; amending s.
    3         907.041, F.S.; providing additional factors a court
    4         may consider when ordering pretrial detention;
    5         providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (c) of subsection (4) of section
   10  907.041, Florida Statutes, is amended to read:
   11         907.041 Pretrial detention and release.—
   12         (4) PRETRIAL DETENTION.—
   13         (c) The court may order pretrial detention if it finds a
   14  substantial probability, based on a defendant’s past and present
   15  patterns of behavior, the criteria in s. 903.046, and any other
   16  relevant facts, that any of the following circumstances exists:
   17         1. The defendant has previously violated conditions of
   18  release and that no further conditions of release are reasonably
   19  likely to assure the defendant’s appearance at subsequent
   20  proceedings;
   21         2. The defendant, with the intent to obstruct the judicial
   22  process, has threatened, intimidated, or injured any victim,
   23  potential witness, juror, or judicial officer, or has attempted
   24  or conspired to do so, and that no condition of release will
   25  reasonably prevent the obstruction of the judicial process;
   26         3. The defendant is charged with trafficking in controlled
   27  substances as defined by s. 893.135, that there is a substantial
   28  probability that the defendant has committed the offense, and
   29  that no conditions of release will reasonably assure the
   30  defendant’s appearance at subsequent criminal proceedings; or
   31         4. The defendant is charged with DUI manslaughter, as
   32  defined by s. 316.193, and that there is a substantial
   33  probability that the defendant committed the crime and that the
   34  defendant poses a threat of harm to the community; conditions
   35  that would support a finding by the court pursuant to this
   36  subparagraph that the defendant poses a threat of harm to the
   37  community include, but are not limited to, any of the following:
   38         a. The defendant has previously been convicted of any crime
   39  under s. 316.193, or of any crime in any other state or
   40  territory of the United States that is substantially similar to
   41  any crime under s. 316.193;
   42         b. The defendant was driving with a suspended driver’s
   43  license when the charged crime was committed; or
   44         c. The defendant has previously been found guilty of, or
   45  has had adjudication of guilt withheld for, driving while the
   46  defendant’s driver’s license was suspended or revoked in
   47  violation of s. 322.34;
   48         5. The defendant poses the threat of harm to the community.
   49  The court may so conclude, if it finds that the defendant is
   50  presently charged with a dangerous crime, that there is a
   51  substantial probability that the defendant committed such crime,
   52  that the factual circumstances of the crime indicate a disregard
   53  for the safety of the community, and that there are no
   54  conditions of release reasonably sufficient to protect the
   55  community from the risk of physical harm to persons;.
   56         6. The defendant was on probation, parole, or other release
   57  pending completion of sentence or on pretrial release for a
   58  dangerous crime at the time the current offense was committed;
   59  or
   60         7. The defendant has violated one or more conditions of
   61  pretrial release or bond for the offense currently before the
   62  court and the violation, in the discretion of the court,
   63  supports a finding that no conditions of release can reasonably
   64  protect the community from risk of physical harm to persons or
   65  assure the presence of the accused at trial; or
   66         8.a. The defendant has previously been sentenced pursuant
   67  to s. 775.082(9) or s. 775.084 as a prison releasee reoffender,
   68  habitual violent felony offender, three-time violent felony
   69  offender, or violent career criminal, or the state attorney
   70  files a notice seeking that the defendant be sentenced pursuant
   71  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
   72  habitual violent felony offender, three-time violent felony
   73  offender, or violent career criminal;
   74         b. There is a substantial probability that the defendant
   75  committed the current offense; and
   76         c. There are no conditions of release that can reasonably
   77  protect the community from risk of physical harm or ensure the
   78  presence of the accused at trial.
   79         Section 2. This act shall take effect July 1, 2013.