Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Justice topic
No spam. Unsubscribe anytime.
Defense group backs intent of pretrial-release bill but warns against expanded arrest authority
Summary
CS for SB 760 would create a new offense for willfully violating no-contact orders tied to listed violent crimes; the Florida Association of Criminal Defense Lawyers supported sections creating the offense but warned section 3 would allow officers to make arrests without witnessing the misdemeanor, potentially bypassing judicial review.
Senator McLean presented CS for SB 760, describing it as a narrowly crafted bill that creates a new offense when a person who committed a listed violent crime willfully violates a no-contact order that is part of pretrial release conditions. McLean said the bill follows current domestic-violence statutes and is not stacked on the underlying offense.
Aaron Waite, identifying himself as president-elect of the Florida Association of Criminal Defense Lawyers, said the association agreed with the bill’s intent and supported sections 1 and 2 that create the new misdemeanor. However, Waite said his organization is concerned about section 3, which would amend exceptions in 901.15 and allow officers in certain scenarios to arrest for a misdemeanor without witnessing it, potentially bypassing a neutral judge who would otherwise review whether an arrest is warranted.
Waite offered an example of an allegation weeks or months old leading to an arrest under the amended exception and urged caution. Jennifer Green of the Florida Sheriffs’ Association waived in support. Senator McLean said the bill was narrowly crafted and asked for support; the committee reported CS for SB 760 favorably.
