SB 760 — Violations of Pretrial Release Conditions for Violent Crimes

Florida Senate - 2026 CS for SB 760 By Senatorthe McClainCommittee 9-00867A-26on 2026760__Criminal AJustice; bill to be entitled An act relating to violations of pretrial release conditions for violent crimes;

and Senator McClain 591-02408-26 2026760c1 A bill to be entitled An act relating to violations of pretrial release conditions for violent crimes;

providing that a person who is on pretrial release for a specified violent crime commits a separate criminal offense if such person willfully violates acertain conditionconditions of pretrial release;

providing criminal penalties;

specifyingproviding procedurescriminal atpenalties thefor person’sa firstsecond appearanceor hearing;subsequent violation;

requiring a person who is arrested for committing specified violations to be held in custody until his or her first appearance hearing;

authorizing a law enforcement officer to arrest a person without a warrant anyif personthere suspectedis ofprobable violatingcause ato conditionbelieve ofthat pretrial release if the originalperson arresthas waswillfully forviolated acertain specifiedconditions violentof crime;pretrial release;

This act may be cited as the “Victim Safety in Pretrial Release Act.” SectionPage 2.1 of 4 CODING:

Section 903.0472, Florida Statutes, is created to read:

903.0472 Violations of pretrial release for specified violent crimes.— Page 1 of 4 CODING:

Florida Senate - 2026 CS for SB 760 9-00867A-26591-02408-26 2026760__2026760c1 (1)Section A2. person who willfully violates a condition of pretrial release provided in s.

903.047Section when903.0472, theFlorida originalStatutes, arrestis wascreated forto anyread: of the following offenses, which offense involved violence or a credible threat of violence and the victim of which such offense was an individual:

(a)903.0472 Violations of pretrial release for specified crimes.— (1) A forcibleperson felony,commits a misdemeanor of the first degree, punishable as definedprovided in s.

776.08;775.082 or s.

(b)775.083, Murder,if ashe definedor she willfully violates a condition of pretrial release described in s.

903.047(1)(b) which a court imposed after he or she was arrested for committing any of the following offenses:

(a) Murder, as defined in s.

(c)(b) Manslaughter, as defined in s.

(d)(c) Assault, as defined in s.

(e)(d) Aggravated assault, as defined in s.

(f)(e) Battery, as defined in s.

(g)(f) Aggravated battery, as defined in s.

(h)(g) Stalking, as defined in s.

(i)(h) Aggravated stalking, as defined in s.

(j)(i) Kidnapping, as defined in s.

(k)(j) False imprisonment, as defined in s.

(l)(k) Sexual battery, as defined in s.

(m)(l) Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as described in s.

(n)(m) Robbery, as defined in s.

(o)(n) Written or electronic threats to kill or do bodily injury, as described in s.

or (p)(o) Any criminalother offensefelony resultingthat ininvolves physicalthe injuryuse or death,threat commits a misdemeanor of thephysical firstforce degree,or punishableviolence asagainst providedany inindividual. s.

775.082 or s.

775.083.

Florida Senate - 2026 CS for SB 760 9-00867A-26591-02408-26 2026760__2026760c1 (2) A person who commits a second or subsequent violation of subsection (1) which is against the victim of the original offense or which constitutes a new act of violence or threat of violence commits a felony of the third degree, punishable as provided in s.

775.084.775.084, if he or she commits a second or subsequent violation of subsection (1).

(3) A person who is arrested for a violation of this section or who is on pretrial release for committing an offense specified in subsection (1) and who is arrested for committing a new law violation shall be held in custody until his or her first appearance hearing, at which time the court shall review the alleged violation and determine whether to order pretrial detention or to grant pretrial release with appropriate conditions.

In making such determinations, the court shall prioritize the safety of the victim and the public andand, shallin alsoaddition consider:to the criteria in s.

(a)903.046(2), Theshall naturealso andconsider: severity of the original offense.

(a) The nature and severity of the underlying offense for which conditions of pretrial release were imposed.

(c) Any evidence of the person’s intent to intimidate, harass, or harm any person.