Bill > H0397

This bill, titled the "Victim Safety in Pretrial Release Act," creates a new law that makes it a separate criminal offense for someone on pretrial release for certain violent crimes to willfully violate the conditions of that release. Pretrial release refers to the conditions a person must follow after being arrested but before their trial, and these conditions are set by a judge. If a person on pretrial release for offenses like murder, aggravated battery, kidnapping, sexual battery, or robbery, among others, intentionally breaks a court-ordered condition, they will be charged with a first-degree misdemeanor for the first violation. A second or subsequent violation will be a third-degree felony, carrying more severe penalties. The bill also mandates that individuals arrested for violating these pretrial release conditions for violent crimes, or for committing a new crime while on pretrial release for a violent offense, must be held in custody until their first court appearance, known as a first appearance hearing. At this hearing, the judge will consider specific factors, including the seriousness of the original crime, the person's history of following court orders, and any evidence of intent to intimidate or harm others, when deciding whether to keep the person detained or grant them pretrial release again. Furthermore, law enforcement officers are protected from civil lawsuits if they arrest someone based on probable cause that they violated these pretrial release conditions for violent crimes. The bill also grants law enforcement officers the authority to arrest individuals without a warrant if they have probable cause to believe a violation of these specific pretrial release conditions has occurred.

Budget and Finance, Justice

Criminal Justice Subcommittee (House), Judiciary Committee (House)

https://www.flsenate.gov/Session/Bill/2026/397