Violations of Pretrial Release Conditions for Violent Crimes

Not codified in the Florida Statutes.

This act may be cited as the "Victim Safety in Pretrial Release Act."

New section — not in current law.

903.0472 Violations of pretrial release for specified crimes.—

(1) A person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if he or she willfully violates a condition of pretrial release described in s. 903.047(1)(b) which a court imposed after he or she was arrested for committing any of the following offenses:

(a) Murder, as defined in s. 782.04;

(b) Manslaughter, as defined in s. 782.07;

(c) Assault, as defined in s. 784.011;

(d) Aggravated assault, as defined in s. 784.021;

(e) Battery, as defined in s. 784.03;

(f) Aggravated battery, as defined in s. 784.045;

(g) Stalking, as defined in s. 784.048(2);

(h) Aggravated stalking, as defined in s. 784.048(3), (4), (5), or (7);

(i) Kidnapping, as defined in s. 787.01;

(j) False imprisonment, as defined in s. 787.02;

(k) Sexual battery, as defined in s. 794.011;

(l) Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as described in s. 800.04;

(m) Robbery, as defined in s. 812.13;

(n) Written or electronic threats to kill or do bodily injury, as described in s. 836.10; or

(o) Any other felony that involves the use or threat of physical force or violence against any individual.

(2) A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she commits a second or subsequent violation of subsection (1).

(3) A person who is arrested for a violation of this section or who is on pretrial release for committing an offense specified in subsection (1) and who is arrested for committing a new law violation shall be held in custody until his or her first appearance hearing, at which time the court shall review the alleged violation and determine whether to order pretrial detention or to grant pretrial release with appropriate conditions. In making such determinations, the court shall prioritize the safety of the victim and the public and, in addition to the criteria in s. 903.046(2), shall also consider:

(a) The nature and severity of the underlying offense for which conditions of pretrial release were imposed.

(b) The person's history of compliance with court orders.

(c) Any evidence of the person's intent to intimidate, harass, or harm any person.

(4) A law enforcement officer may not be held liable in any civil action for an arrest of a person based on probable cause to believe that the person has violated this section.