THE BILL ITSELF
CS/CS/HB 397
Violations of Pretrial Release Conditions for Violent Crimes
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An act relating to violations of pretrial release
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conditions for violent crimes; providing a short
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title; creating s. 903.0472, F.S.; providing that a
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person who is on pretrial release for a specified
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violent crime commits a separate criminal offense if
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such person willfully violates certain conditions of
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pretrial release; providing a penalty for a second or
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subsequent violation; requiring a person who is
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arrested for committing specified violations to be
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held in custody until his or her first appearance
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hearing; requiring the court to consider certain
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factors in determining whether to order pretrial
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detention or grant pretrial release; providing that a
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law enforcement officer is not liable in a civil
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action for an arrest of a person based on probable
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cause to believe that the person has violated a
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condition of pretrial release in specified
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circumstances; amending s. 901.15, F.S.; authorizing a
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law enforcement officer to arrest a person without a
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warrant if there is probable cause to believe that the
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person has willfully violated certain conditions of
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pretrial release; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Victim Safety in
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Pretrial Release Act."
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Section 2. Section 903.0472, Florida Statutes, is created
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to read:
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903.0472 Violations of pretrial release for specified
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crimes.—
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(1) A person commits a misdemeanor of the first degree,
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punishable as provided in s. 775.082 or s. 775.083, if he or she
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willfully violates a condition of pretrial release described in
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s. 903.047(1)(b) which a court imposed after he or she was
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arrested for committing any of the following offenses:
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(a) Murder, as defined in s. 782.04;
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(b) Manslaughter, as defined in s. 782.07;
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(c) Assault, as defined in s. 784.011;
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(d) Aggravated assault, as defined in s. 784.021;
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(e) Battery, as defined in s. 784.03;
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(f) Aggravated battery, as defined in s. 784.045;
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(g) Stalking, as defined in s. 784.048(2);
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(h) Aggravated stalking, as defined in s. 784.048(3), (4),
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(5), or (7);
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(i) Kidnapping, as defined in s. 787.01;
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(j) False imprisonment, as defined in s. 787.02;
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(k) Sexual battery, as defined in s. 794.011;
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(l) Lewd or lascivious offenses committed upon or in the
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presence of persons less than 16 years of age, as described in
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s. 800.04;
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(m) Robbery, as defined in s. 812.13;
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(n) Written or electronic threats to kill or do bodily
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injury, as described in s. 836.10; or
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(o) Any other felony that involves the use or threat of
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physical force or violence against any individual.
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(2) A person commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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if he or she commits a second or subsequent violation of
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subsection (1).
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(3) A person who is arrested for a violation of this
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section or who is on pretrial release for committing an offense
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specified in subsection (1) and who is arrested for committing a
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new law violation shall be held in custody until his or her
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first appearance hearing, at which time the court shall review
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the alleged violation and determine whether to order pretrial
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detention or to grant pretrial release with appropriate
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conditions. In making such determinations, the court shall
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prioritize the safety of the victim and the public and, in
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addition to the criteria in s. 903.046(2), shall also consider:
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(a) The nature and severity of the underlying offense for
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which conditions of pretrial release were imposed.
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(b) The person's history of compliance with court orders.
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(c) Any evidence of the person's intent to intimidate,
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harass, or harm any person.
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(4) A law enforcement officer may not be held liable in
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any civil action for an arrest of a person based on probable
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cause to believe that the person has violated this section.
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Section 3. Subsection (17) is added to section 901.15,
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Florida Statutes, to read:
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901.15 When arrest by officer without warrant is lawful.—A
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law enforcement officer may arrest a person without a warrant
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when:
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(17) There is probable cause to believe that the person
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has committed a violation of s. 903.0472(1), for willfully
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violating a condition of pretrial release for a specified crime.
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Section 4. This act shall take effect October 1, 2026.