Bill Text: FL S0342 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: No Contact Orders
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-17 [S0342 Detail]
Download: Florida-2015-S0342-Introduced.html
Bill Title: No Contact Orders
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-17 [S0342 Detail]
Download: Florida-2015-S0342-Introduced.html
Florida Senate - 2015 SB 342 By Senator Simmons 10-00381-15 2015342__ 1 A bill to be entitled 2 An act relating to no contact orders; amending s. 3 903.047, F.S.; providing for the effect and 4 enforceability of orders of no contact as a part of 5 pretrial release; specifying acts prohibited by a no 6 contact order; reenacting ss. 741.29(6), 784.046(13) 7 and (15), and 901.15(13), F.S., relating to domestic 8 violence, repeat, sexual, or dating violence, and 9 arrest without a warrant, respectively, to incorporate 10 the amendments made to s. 903.047, F.S., in references 11 thereto; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 903.047, Florida Statutes, is amended to 16 read: 17 903.047 Conditions of pretrial release.— 18 (1) As a condition of pretrial release, whether such 19 release is by surety bail bond or recognizance bond or in some 20 other form, the defendant mustshall: 21 (a) Refrain from criminal activity of any kind. 22 (b) Refrain from any contact of any type with the victim, 23 except through pretrial discovery pursuant to the Florida Rules 24 of Criminal Procedure. An order of no contact is effective 25 immediately and enforceable for the duration of the pretrial 26 release or until it is modified by the court. As used in this 27 section, unless otherwise specified by the court, the term “no 28 contact” includes the following prohibited acts: 29 1. Communicating orally or in any written form, either in 30 person, telephonically, electronically, or in any other manner, 31 either directly or indirectly through a third person, with the 32 victim or any other person named in the order. 33 2. Having physical or violent contact with the victim or 34 other named person or his or her property. 35 3. Being within 500 feet of the victim’s or other named 36 person’s residence, even if the defendant and the victim or 37 other named person share the residence. 38 4. Being within 500 feet of the victim’s or other named 39 person’s vehicle, place of employment, or a specified place 40 frequented regularly by such person. 41 (c) Comply with all conditions of pretrial release. 42 (2) Upon motion by the defendant when bail is set, or upon 43 later motion properly noticed pursuant to law, the court may 44 modify the condition required by paragraph (1)(b) if good cause 45 is shown and the interests of justice so require. The victim 46 shall be permitted to be heard at any proceeding in which such 47 modification is considered, and the state attorney shall notify 48 the victim of the provisions of this subsection and of the 49 pendency of any such proceeding. 50 Section 2. For the purpose of incorporating the amendment 51 made by this act to section 903.047, Florida Statutes, in a 52 reference thereto, subsection (6) of section 741.29, Florida 53 Statutes, is reenacted to read: 54 741.29 Domestic violence; investigation of incidents; 55 notice to victims of legal rights and remedies; reporting.— 56 (6) A person who willfully violates a condition of pretrial 57 release provided in s. 903.047, when the original arrest was for 58 an act of domestic violence as defined in s. 741.28, commits a 59 misdemeanor of the first degree, punishable as provided in s. 60 775.082 or s. 775.083, and shall be held in custody until his or 61 her first appearance. 62 Section 3. For the purpose of incorporating the amendment 63 made by this act to section 903.047, Florida Statutes, in a 64 reference thereto, subsections (13) and (15) of section 784.046, 65 Florida Statutes, are reenacted to read: 66 784.046 Action by victim of repeat violence, sexual 67 violence, or dating violence for protective injunction; dating 68 violence investigations, notice to victims, and reporting; 69 pretrial release violations; public records exemption.— 70 (13) Whenever a law enforcement officer determines upon 71 probable cause that an act of dating violence has been committed 72 within the jurisdiction, or that a person has violated a 73 condition of pretrial release as provided in s. 903.047 and the 74 original arrest was for an act of dating violence, the officer 75 may arrest the person or persons suspected of its commission and 76 charge such person or persons with the appropriate crime. The 77 decision to arrest and charge shall not require consent of the 78 victim or consideration of the relationship of the parties. 79 (15) A person who willfully violates a condition of 80 pretrial release provided in s. 903.047, when the original 81 arrest was for an act of dating violence as defined in this 82 section, commits a misdemeanor of the first degree, punishable 83 as provided in s. 775.082 or s. 775.083, and shall be held in 84 custody until his or her first appearance. 85 Section 4. For the purpose of incorporating the amendment 86 made by this act to section 903.047, Florida Statutes, in a 87 reference thereto, subsection (13) of section 901.15, Florida 88 Statutes, is reenacted to read: 89 901.15 When arrest by officer without warrant is lawful.—A 90 law enforcement officer may arrest a person without a warrant 91 when: 92 (13) There is probable cause to believe that the person has 93 committed an act that violates a condition of pretrial release 94 provided in s. 903.047 when the original arrest was for an act 95 of domestic violence as defined in s. 741.28, or when the 96 original arrest was for an act of dating violence as defined in 97 s. 784.046. 98 Section 5. This act shall take effect October 1, 2015.