Florida HB 397: Professional Regulation

Bill Text

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An act relating to violations of pretrial release 2
conditions for violent crimes; providing a short 3
title; creating s. 903.0472, F.S.; providing that a 4
person who is on pretrial release for a specified 5
violent crime commits a separate criminal offense if 6
such person willfully violates certain conditions of 7
pretrial release; providing a penalty for a second or 8
subsequent violation; requiring a person who is 9
arrested for committing specified violations to be 10
held in custody until his or her first appearance 11
hearing; requiring the court to consider certain 12
factors in determining whether to order pretrial 13
detention or grant pretrial release; providing that a 14
law enforcement officer is not liable in a civil 15
action for an arrest of a person based on probable 16
cause to believe that the person has violated a 17
condition of pretrial release in specified 18
circumstances; amending s. 901.15, F.S.; authorizing a 19
law enforcement officer to arrest a person without a 20
warrant if there is probable cause to believe that the 21
person has willfully violated certain conditions of 22
pretrial release; providing an effective date. 23
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Be It Enacted by the Legislature of the State of Florida: 25

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Section 1. This act may be cited as the "Victim Safety in 27
Pretrial Release Act." 28
Section 2. Section 903.0472, Florida Statutes, is created 29
to read: 30
903.0472 Violations of pretrial release for specified 31
crimes.— 32
(1) A person commits a misdemeanor of the first degree, 33
punishable as provided in s. 775.082 or s. 775.083, if he or she 34
willfully violates a condition of pretrial release described in 35
s. 903.047(1)(b) which a court imposed after he or she was 36
arrested for committing any of the following offenses: 37
(a) Murder, as defined in s. 782.04; 38
(b) Manslaughter, as defined in s. 782.07; 39
(c) Assault, as defined in s. 784.011; 40
(d) Aggravated assault, as defined in s. 784.021; 41
(e) Battery, as defined in s. 784.03; 42
(f) Aggravated battery, as defined in s. 784.045; 43
(g) Stalking, as defined in s. 784.048(2); 44
(h) Aggravated stalking, as defined in s. 784.048(3), (4), 45
(5), or (7); 46
(i) Kidnapping, as defined in s. 787.01; 47
(j) False imprisonment, as defined in s. 787.02; 48
(k) Sexual battery, as defined in s. 794.011; 49
(l) Lewd or lascivious offenses committed upon or in the 50

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

presence of persons less than 16 years of age, as described in 51
s. 800.04; 52
(m) Robbery, as defined in s. 812.13; 53
(n) Written or electronic threats to kill or do bodily 54
injury, as described in s. 836.10; or 55
(o) Any other felony that involves the use or threat of 56
physical force or violence against any individual. 57
(2) A person commits a felony of the third degree, 58
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 59
if he or she commits a second or subsequent violation of 60
subsection (1). 61
(3) A person who is arrested for a violation of this 62
section or who is on pretrial release for committing an offense 63
specified in subsection (1) and who is arrested for committing a 64
new law violation shall be held in custody until his or her 65
first appearance hearing, at which time the court shall review 66
the alleged violation and determine whether to order pretrial 67
detention or to grant pretrial release with appropriate 68
conditions. In making such determinations, the court shall 69
prioritize the safety of the victim and the public and, in 70
addition to the criteria in s. 903.046(2), shall also consider: 71
(a) The nature and severity of the underlying offense for 72
which conditions of pretrial release were imposed. 73
(b) The person's history of compliance with court orders. 74
(c) Any evidence of the person's intent to intimidate, 75

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harass, or harm any person. 76
(4) A law enforcement officer may not be held liable in 77
any civil action for an arrest of a person based on probable 78
cause to believe that the person has violated this section. 79
Section 3. Subsection (17) is added to section 901.15, 80
Florida Statutes, to read: 81
901.15 When arrest by officer without warrant is lawful.—A 82
law enforcement officer may arrest a person without a warrant