Florida 2023 Regular Session

Florida House Bill H0569 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 569 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0569-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to pretrial detention; amending s. 2
16	16	907.041, F.S.; adding additional offenses to the 3
17	17	definition of the term "dangerous crime" for purposes 4
18	18	of determining pretrial release eligibility; providing 5
19	19	an effective date. 6
20	20	7
21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. Paragraph (a) of subsection (4) of section 10
24	24	907.041, Florida Statutes, is amended, and paragraphs (b) an d 11
25	25	(c) of that subsection are republished, to read: 12
26	26	907.041 Pretrial detention and release. — 13
27	27	(4) PRETRIAL DETENTION. — 14
28	28	(a) As used in this subsection, "dangerous crime" means 15
29	29	any of the following: 16
30	30	1. Arson; 17
31	31	2. Aggravated assault; 18
32	32	3. Aggravated battery; 19
33	33	4. Illegal use of explosives; 20
34	34	5. Child abuse or aggravated child abuse; 21
35	35	6. Abuse of an elderly person or disabled adult, or 22
36	36	aggravated abuse of an elderly person or disabled adult; 23
37	37	7. Aircraft piracy; 24
38	38	8. Kidnapping; 25
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40	40	HB 569 2023
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47	47	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
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51	51	9. Homicide; 26
52	52	10. Manslaughter; 27
53	53	11. Sexual battery; 28
54	54	12. Robbery; 29
55	55	13. Carjacking; 30
56	56	14. Lewd, lascivious, or indecent assault or act upon or 31
57	57	in presence of a child under the age of 16 years; 32
58	58	15. Sexual activity with a child, who is 12 years of age 33
59	59	or older but less than 18 years of age, by or at solicitation of 34
60	60	person in familial or custodial authority; 35
61	61	16. Burglary of a dwelling; 36
62	62	17. Stalking and aggravated stalking; 37
63	63	18. Act of domestic violence as defined in s. 741.28; 38
64	64	19. Home invasion robbery; 39
65	65	20. Act of terrorism as defined in s. 775.30; 40
66	66	21. Manufacturing any substances in violation of chapter 41
67	67	893; 42
68	68	22. Attempting or conspiring to commit any such crime; and 43
69	69	23. Human trafficking ; 44
70	70	24. Extortion in violation of s. 836.05; and 45
71	71	25. Written threats t o kill in violation of s. 836.10 . 46
72	72	(b) No person charged with a dangerous crime shall be 47
73	73	granted nonmonetary pretrial release at a first appearance 48
74	74	hearing; however, the court shall retain the discretion to 49
75	75	release an accused on electronic monitoring or o n recognizance 50
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77	77	HB 569 2023
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84	84	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
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88	88	bond if the findings on the record of facts and circumstances 51
89	89	warrant such a release. 52
90	90	(c) The court may order pretrial detention if it finds a 53
91	91	substantial probability, based on a defendant's past and present 54
92	92	patterns of behavior, the crite ria in s. 903.046, and any other 55
93	93	relevant facts, that any of the following circumstances exist: 56
94	94	1. The defendant has previously violated conditions of 57
95	95	release and that no further conditions of release are reasonably 58
96	96	likely to assure the defendant's appea rance at subsequent 59
97	97	proceedings; 60
98	98	2. The defendant, with the intent to obstruct the judicial 61
99	99	process, has threatened, intimidated, or injured any victim, 62
100	100	potential witness, juror, or judicial officer, or has attempted 63
101	101	or conspired to do so, and that no co ndition of release will 64
102	102	reasonably prevent the obstruction of the judicial process; 65
103	103	3. The defendant is charged with trafficking in controlled 66
104	104	substances as defined by s. 893.135, that there is a substantial 67
105	105	probability that the defendant has committed t he offense, and 68
106	106	that no conditions of release will reasonably assure the 69
107	107	defendant's appearance at subsequent criminal proceedings; 70
108	108	4. The defendant is charged with DUI manslaughter, as 71
109	109	defined by s. 316.193, and that there is a substantial 72
110	110	probability that the defendant committed the crime and that the 73
111	111	defendant poses a threat of harm to the community; conditions 74
112	112	that would support a finding by the court pursuant to this 75
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121	121	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
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125	125	subparagraph that the defendant poses a threat of harm to the 76
126	126	community include, but are not limited to, any of the following: 77
127	127	a. The defendant has previously been convicted of any 78
128	128	crime under s. 316.193, or of any crime in any other state or 79
129	129	territory of the United States that is substantially similar to 80
130	130	any crime under s. 316.193; 81
131	131	b. The defendant was driving with a suspended driver 82
132	132	license when the charged crime was committed; or 83
133	133	c. The defendant has previously been found guilty of, or 84
134	134	has had adjudication of guilt withheld for, driving while the 85
135	135	defendant's driver license was sus pended or revoked in violation 86
136	136	of s. 322.34; 87
137	137	5. The defendant poses the threat of harm to the 88
138	138	community. The court may so conclude, if it finds that the 89
139	139	defendant is presently charged with a dangerous crime, that 90
140	140	there is a substantial probability that t he defendant committed 91
141	141	such crime, that the factual circumstances of the crime indicate 92
142	142	a disregard for the safety of the community, and that there are 93
143	143	no conditions of release reasonably sufficient to protect the 94
144	144	community from the risk of physical harm t o persons; 95
145	145	6. The defendant was on probation, parole, or other 96
146	146	release pending completion of sentence or on pretrial release 97
147	147	for a dangerous crime at the time the current offense was 98
148	148	committed; 99
149	149	7. The defendant has violated one or more conditions of 100
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158	158	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
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162	162	pretrial release or bond for the offense currently before the 101
163	163	court and the violation, in the discretion of the court, 102
164	164	supports a finding that no conditions of release can reasonably 103
165	165	protect the community from risk of physical harm to persons or 104
166	166	assure the presence of the accused at trial; or 105
167	167	8.a. The defendant has ever been sentenced pursuant to s. 106
168	168	775.082(9) or s. 775.084 as a prison releasee reoffender, 107
169	169	habitual violent felony offender, three -time violent felony 108
170	170	offender, or violent career criminal, or the state attorney 109
171	171	files a notice seeking that the defendant be sentenced pursuant 110
172	172	to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 111
173	173	habitual violent felony offender, three -time violent felony 112
174	174	offender, or violent career criminal; 113
175	175	b. There is a substantial probability that the defendant 114
176	176	committed the offense; and 115
177	177	c. There are no conditions of release that can reasonably 116
178	178	protect the community from risk of physical harm or ensure the 117
179	179	presence of the accused at trial. 118
180	180	Section 2. This act shall take effect July 1, 2023. 119