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Judiciary committee OKs pretrial‑violation offense after debate over police powers and due process
Summary
The committee voted 19-1 to report CS/HB397, which creates a new offense for violating court 'stay away' orders tied to listed violent charges; an amendment clarified holding individuals for a first‑appearance judge in jurisdictions with bond schedules. Criminal‑defense groups warned the bill could allow arrests without judicial review.
TALLAHASSEE — The House Judiciary Committee on Wednesday approved CS/HB397 by a 19‑1 vote after an amendment and extended debate over arrest powers and due process.
Representative Rick Daley, sponsor, said the bill creates a crime for violating a court stay‑away order where the underlying charge is a listed violent offense and aims to give law enforcement an immediate tool when an accused person appears at a victim’s door. "This addresses that situation and gets them in front of that judge, right, or a judge, as soon as possible and kind of rescues the victim from that situation," Daley said.
Members asked whether an invite from the protected person would provide an affirmative defense and whether bond schedules would allow immediate release. Daley said affirmative defenses and bond mechanics are matters for courts and prosecutors but acknowledged the concerns. The committee adopted amendment barcode 274807, which clarifies that in jurisdictions with a bond schedule (a listed offense/amount permitting bond out), the language holds the defendant for first appearance before a judge rather than allowing immediate bond out on the schedule.
Aaron Waite, president‑elect of the Florida Association of Criminal Defense Lawyers, told the committee he agreed with the sponsor’s intent to hold people accountable but warned the bill could permit arrests without officers witnessing a violation. "Section 3 of the bill is concerning to us because it allows officers to make arrests for this without actually seeing it happen," Waite said, arguing that neutral judicial review protects liberty interests.
Daley and supporters said current remedies (motions to revoke bond, pretrial procedures) are too slow for on‑the‑spot incidents and that the bill is focused on victim safety. After debate and the amendment adoption, the committee reported the CS favorably, 19‑1.
What happened next: CS/HB397 was reported favorably as amended and will proceed in the House legislative process.
