Florida 2022 Regular Session

Florida House Bill H0889

Introduced
12/9/21  
Refer
1/3/22  
Refer
1/3/22  
Refer
1/3/22  

Caption

Delayed Arraignment

Impact

By formalizing the process for issuing notices to appear, H0889 is set to significantly alter the procedural landscape for minor offenses. Law enforcement officers will be mandated to issue these notices barring certain exceptions, such as violent offenses or risks to community safety. This shift seeks to reduce the number of individuals processed into the jail system for misdemeanors, thus reflecting a more community-oriented approach to law enforcement and potentially preventing unnecessary legal penalties for individuals otherwise compliant with the law.

Summary

House Bill H0889 amends Florida Statutes to introduce the requirement for law enforcement officers to issue a 'notice to appear' for individuals committing or suspected of committing misdemeanor offenses or violations of municipal or county ordinances. This legislative change is aimed at reducing the number of arrests for minor offenses, allowing individuals to attend a designated court date instead of undergoing custodial arrest. The bill is intended to promote efficiency in law enforcement practices and to alleviate pressures on the criminal justice system by minimizing incarceration for lower-level offenses.

Contention

While supporters of the bill argue that it represents a step toward reducing punitive measures for minor infractions and enhancing public safety by redirecting law enforcement resources, opponents express concerns regarding the criteria established for excluding individuals from receiving notices to appear. There are fears that the stipulations may lead to unjustified detentions, particularly surrounding individuals who may face barriers in providing identification. Additionally, the balance between ensuring public safety and affording individuals with minor offenses fair treatment under the law may become a point of ongoing legislative debate.

Companion Bills

FL S1406

Same As Delayed Arraignment

Similar Bills

No similar bills found.