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FL H1517

Bill

Status

Failed

4/30/2010

Primary Sponsor

Joseph Abruzzo

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

CS/HB 1517 - Raymond L. Marky Speedy Trial Reform Act

  • Establishes statutory speedy trial time periods for criminal defendants: 90 days for misdemeanors, 180 days for first/second/third degree felonies, 275 days for first degree felonies, and 365 days for capital felonies, applicable unless defendant requests expedited speedy trial periods.

  • Allows defendants to request expedited speedy trial hearings with shorter timeframes (60 days for misdemeanors, 120 days for most felonies, 180 days for capital felonies) if they file a motion and demonstrate readiness; court may deny based on lack of formal charges, defendant unpreparedness, or case complexity.

  • Provides grounds for dismissal of charges without prejudice if defendant not brought to trial within prescribed timeframes; dismissal with prejudice available only when defendant requested expedited speedy trial and demonstrates material prejudice from delay or constitutional violation.

  • Restricts refiling of charges after dismissal or nolle prosequi by prohibiting new charges or higher degree charges than originally filed; requires refiled charges be tried within 60-120 days depending on offense level.

  • Applies similar speedy trial provisions to juvenile delinquency proceedings with 90-day adjudicatory hearing requirement and allows court discretion to dismiss petitions with or without prejudice based on length of delay and prejudice to juvenile.

Legislative Description

Criminal Trials

Last Action

Died in Messages

4/30/2010

Committee Referrals

Criminal & Civil Justice Policy Council3/10/2010

Full Bill Text

No bill text available