SB 760 — New Crime for Violating Pretrial-Release Conditions
This doesn’t necessarily impact people already on the registry, but today the Florida Legislature filed SB 760 — the “Victim Safety in Pretrial Release Act.” On its face the bill is described as strengthening protections for victims. But under the hood, it creates a brand-new criminal offense for what were previously “conditions of pretrial release” — such as no-contact orders, distance restrictions, curfews, and similar restrictions courts commonly impose as pretrial release conditions. Under current law, these conditions are not separate crimes; they’re part of the pretrial supervision process.
If SB 760 becomes law, then a person charged with one of the listed “specified violent offenses” — including certain sex offenses — who merely violates a pretrial-release condition could be charged with a new, standalone crime. What previously might have led only to revocation of bond or detention now carries the risk of additional criminal charges.
This effectively means that pretrial-release “conditions” — non-criminal obligations until now — would become potential felonies or misdemeanors, vastly expanding criminal liability before conviction. That raises serious concerns about fairness, due process, and potential abuse especially given how broad and technical some conditions can be (curfews, residence restrictions, reporting requirements, etc.).
We believe that SB 760 undermines basic principles of justice by penalizing people not for new criminal acts, but for alleged failure to comply strictly with release conditions even before guilt is established (remember, we are all innocent until proven guilty). It’s tantamount to registry laws, in the sense that a misstep in following a set of rules (not crimes, but rules) is charged as a separate crime. As with the registry, FAC calls on lawmakers to reconsider this approach and preserve the distinction conditions and new crimes.
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I cannot fathom where this would pass constitutional muster. As for instance the violation of pretrial release AKA BOND that is Constitutionally protected, could result in a criminal conviction even with acquittal from the original charge. Since the original charge is a necessary element of this crime it directly violates Due Process.
James
Have you been paying attention? The registry Mafia does what they want, not what is right, legal or morally correct. Zero compassion, zero second chances, and little chance to recover from the registry and it’s every growing punishments, add on’s and restraints. With each new legislation session, they come up with more and more fun things to mess with us and take away more rights (As if we had any rights at all according to their behavior)
I now understand the saying “No justice, no peace”. Having said that, if we protested like that other group did, we would all be arrested. I try and live a normal life but each time I pass a patrol car, I make sure to turn in case it is that “One cop” who runs everyone’s license plates and pulls people over, just because they can. Believe me, I have been pulled over before just because my tag was read and it involved an hour on the side of the road in the summer heat while law enforcement called FDLE to see if I could be arrested for no reason that driving to the store.
Doesn’t this effectively give judges the ability to write new criminal law, albeit in limited circumstances? I don’t see how this could pass constitutional muster.
Would this not be a form of double jeopardy?
Ahhhhh yes, Florida is genuinely a prison state.
It would truly be ironic if a person violated a pretrial release condition and was charged with a felony and then was later aquitted of the original charge(s)!
Under this law, it’s possible.
Anything to lock more people up and feed the prison industrial complex.