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