Bill Text: FL S0300 | 2010 | Regular Session | Comm Sub
Bill Title: Officer Andrew Widman Act/Pretrial Proceedings [SPSC]
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal and Civil Justice Appropriations [S0300 Detail]
Download: Florida-2010-S0300-Comm_Sub.html
Florida Senate - 2010 CS for SB 300 By the Committee on Criminal Justice; and Senators Bennett and Richter 591-02483-10 2010300c1 1 A bill to be entitled 2 An act relating to pretrial proceedings; providing a 3 short title; amending s. 948.06, F.S.; providing that 4 at the first appearance of a probationer or an 5 offender on community control arrested for a new 6 offense for which the court finds the existence of 7 probable cause, the court may determine the likelihood 8 of a prison sanction for the violation based on the 9 new arrest; providing that the court may order 10 detention if it appears more likely than not that a 11 prison sanction may be forthcoming on the violation; 12 providing that the court may release the probationer 13 or offender on community control with or without bail 14 on the violation; providing that the court may order 15 the probationer or offender’s arrest and return to the 16 original sentencing court under s. 948.06(1)(a), F.S.; 17 providing for dismissal of a detention or release 18 order if no affidavit alleging a violation is filed 19 within a specified period; providing for a hearing if 20 an affidavit alleging a violation is timely filed; 21 exempting persons subject to hearings under specified 22 provisions; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be cited as the “Officer Andrew 27 Widman Act.” 28 Section 2. Present paragraphs (c) through (f) of subsection 29 (1) of section 948.06, Florida Statutes, are redesignated as 30 paragraphs (d) through (g), respectively, and a new paragraph 31 (c) is added to that subsection to read: 32 948.06 Violation of probation or community control; 33 revocation; modification; continuance; failure to pay 34 restitution or cost of supervision.— 35 (1) 36 (c) Notwithstanding s. 907.041, when a probationer or an 37 offender on community control is arrested and alleged to have 38 committed a new violation of law for which the court at first 39 appearance finds probable cause, based upon the facts made known 40 to the court the court may: 41 1. Determine whether it is more likely than not that the 42 probationer or offender on community control will receive a 43 prison sanction for violating the terms of community supervision 44 based upon the arrest for the new violation of law. 45 2. Detain the probationer or offender to await further 46 hearing to determine the outcome of the violation if it appears 47 more likely than not that the probationer or offender on 48 community control will receive a prison sanction, or release the 49 probationer or offender with or without bail on the violation. 50 a. If an affidavit alleging a violation is not filed and 51 made known to the court within 10 days after the arrest on the 52 new violation of law, the order detaining or releasing the 53 probationer or offender shall be dismissed. 54 b. If an affidavit alleging a violation is filed within 10 55 days after the arrest and made known to the court, the court 56 shall schedule a hearing no later than 10 days after the filing 57 of the affidavit, unless waived by the probationer or offender, 58 to determine whether its order of detention or release shall 59 remain in effect. 60 3. Order the arrest and return of the probationer or 61 offender to the court that granted community supervision under 62 paragraph (a). 63 64 This paragraph does not apply to a probationer or offender on 65 community control who is subject to the hearing requirements 66 under subsection (4) or paragraph (8)(e). 67 Section 3. This act shall take effect October 1, 2010.
