Bill Text: FL S0300 | 2010 | Regular Session | Introduced

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

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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-Introduced.html

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Florida Senate - 2010                                     SB 300 
 
By Senator Bennett 
21-00388-10                                            2010300__ 
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 order pretrial detention 
8         or pretrial release of the person with or without bail 
9         to await further hearing to determine the outcome of a 
10         violation hearing; providing for dismissal if no 
11         affidavit alleging a violation of probation or 
12         community control is filed within a specified period; 
13         exempting persons subject to hearings under specified 
14         provisions; providing an effective date. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. This act may be cited as the “Officer Andrew 
19  Widman Act.” 
20         Section 2. Paragraphs (c) through (f) of subsection (1) of 
21  section 948.06, Florida Statutes, are redesignated as paragraphs 
22  (d) through (g), respectively, and a new paragraph (c) is added 
23  to that subsection to read: 
24         948.06 Violation of probation or community control; 
25  revocation; modification; continuance; failure to pay 
26  restitution or cost of supervision.— 
27         (1) 
28         (c) Notwithstanding s. 907.041, at the first appearance of 
29  a probationer or an offender on community control arrested for a 
30  new offense for which the court finds the existence of probable 
31  cause, the court may order pretrial detention or pretrial 
32  release of the person with or without bail to await further 
33  hearing to determine the outcome of a violation hearing. If no 
34  affidavit alleging a violation of probation or community control 
35  is filed with the court within 10 days after arrest for the new 
36  offense, the order regarding pretrial detention or pretrial 
37  release on the uncharged violation of probation or community 
38  control shall be dismissed. This paragraph does not apply to a 
39  probationer or community controllee subject to a hearing on his 
40  or her danger to the community required under subsection (4) or 
41  paragraph (8)(e). 
42         Section 3. This act shall take effect October 1, 2010.