Title: Combatting Illegal Immigration

Summary: Requiring the presumption that no conditions of release will secure the appearance at trial of an unauthorized alien; requiring the state attorney or the court to move for pretrial detention if the court makes certain determinations; authorizing defendants to rebut the presumption, etc.

Full Text:
An act relating to combatting illegal immigration; amending s. 907.041, F.S.; requiring the presumption that no conditions of release will secure the appearance at trial of an unauthorized alien; requiring the state attorney or the court to move for pretrial detention if the court makes certain determinations; authorizing defendants to rebut the presumption; providing for severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Present paragraphs (f) through (n) of subsection (5) of section 907.041, Florida Statutes, are redesignated as paragraphs (g) through (o), respectively, and a new paragraph (f) is added to that subsection, to read: 907.041 Pretrial detention and release.  (5) PRETRIAL DETENTION.  (f)  It shall be presumed that no conditions of release will secure the appearance at trial of an unauthorized alien as defined in s. 908.111. If a court determines that there is probable cause to believe that the defendant committed the offense and the court further determines by a preponderance of the evidence that the defendant is an unauthorized alien as defined in s. 908.111, the state attorney, or the court on its own motion, must move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will secure the appearance of the defendant at trial. Section 2.  If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. Section 3. This act shall take effect upon becoming a law.