SESSION WATCH
Superseded — its companion passed SENATE · SESSION 2026

No. CS/SB 760

Violations of Pretrial Release Conditions for Violent Crimes
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SPONSOR
Criminal Justice; McClain
FILED BY
Stan McClain — District 9, Republican [search donations]
EFFECTIVE
10/1/2026
COMPANION
CS/CS/HB 397 — CS/SB 760 was set aside and its companion carried the policy

Filed under Criminal Justice.

PROVIDED SUMMARY

Violations of Pretrial Release Conditions for Violent Crimes; Citing this act as the “Victim Safety in Pretrial Release Act”; providing that a person who is on pretrial release for a specified violent crime commits a separate criminal offense if such person willfully violates certain conditions of pretrial release; providing criminal penalties; providing that a law enforcement officer is not liable in a civil action for an arrest of a person based on probable cause to believe that the person has violated a condition of pretrial release in specified circumstances; authorizing a law enforcement officer to arrest a person without a warrant if there is probable cause to believe that the person has willfully violated certain conditions of pretrial release, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Creates a new criminal offense for violating pretrial release conditions on violent crimes.

A person on pretrial release for a specified violent crime commits a first-degree misdemeanor if they willfully violate a court-imposed condition. This creates a separate criminal charge distinct from the underlying offense.

A second or subsequent violation of these conditions escalates the penalty to a third-degree felony. This increases the potential jail time for repeat offenders.

Law enforcement officers are granted civil immunity for arrests made on probable cause that a person violated these specific pretrial release conditions.

Officers may arrest a person without a warrant if they have probable cause to believe a willful violation of these conditions occurred.

KEY PROVISIONS
§ 1 Mandatory Custody Upon New Arrest majors. 903.0472(3)

AIRequires that a person on pretrial release for a specified violent crime who is arrested for a new law violation be held in custody until their first appearance hearing.

“shall be held in custody until his or her first appearance hearing” bill text, line 66 →
§ 2 Warrantless Arrest Authority majors. 901.15(17)

AIAuthorizes law enforcement officers to arrest a person without a warrant if there is probable cause to believe they willfully violated pretrial release conditions.

“A law enforcement officer may arrest a person without a warrant when: (17) There is probable cause to believe that the person has committed a violation of s. 903.0472(1)” bill text, line 83 →
§ 3 Civil Immunity for Officers moderates. 903.0472(4)

AIGrants law enforcement officers immunity from civil liability for arrests made based on probable cause of a violation of the new release condition statute.

“A law enforcement officer may not be held liable in any civil action for an arrest of a person based on probable cause” bill text, line 78 →
TIMELINE
2/26/2026
Laid on Table, companion bill(s) passed, see CS/CS/HB 397 (Ch....
2/26/2026
Substituted CS/CS/HB 397 -SJ 456
2/26/2026
Read 2nd time -SJ 456
2/23/2026
Placed on Special Order Calendar, 02/26/26
2/18/2026
Placed on Calendar, on 2nd reading
2/18/2026
Favorable by- Fiscal Policy; YEAS 19 NAYS 0
2/13/2026
On Committee agenda-- Fiscal Policy, 02/18/26, 1:30 pm, 110 Senate Building
2/13/2026
Now in Fiscal Policy
2/12/2026
Favorable by Appropriations Committee on Criminal and Civil...
2/9/2026
On Committee agenda-- Appropriations Committee on Criminal and...
2/4/2026
CS by Criminal Justice read 1st time
2/4/2026
Now in Appropriations Committee on Criminal and Civil Justice
2/4/2026
Pending reference review under Rule 4.7(2) - (Committee Substitute)
2/2/2026
CS by Criminal Justice; YEAS 8 NAYS 0
1/28/2026
On Committee agenda-- Criminal Justice, 02/02/26, 3:30 pm, 37...
1/13/2026
Introduced
12/16/2025
Referred to Criminal Justice; Appropriations Committee on Criminal...
12/4/2025
Filed
12 EARLIER →
STATUTES IT CHANGES
s. 903.0472
+13 / −0
s. 903.0472
+421 / −0
s. 901.15
+29 / −0
STAFF ANALYSES
2 MORE →