Criminal procedure rules committee three-year cycle amendments.

The Criminal Procedure Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee's 2015 Three-year Cycle Report. The full text of the proposals can be found on The Florida Bar's website at www.FloridaBar. org. Interested persons have until August 15 to submit any comments, electronically, to Judge Samantha Ward, incoming chair, at wardsl@fljud13.org, and to the Bar staff liaison, Heather Telfer, at htelfer@flabar.org.

Rule /Form Vote Explanation RULE 3.112. 19-8 Amends subdivision (f)(3) to allow prosecutors, who would have prior experience in serious or complex cases as lead counsel or co-counsel in at least two state or federal cases tried to completion in which the death penalty was sought, participate as lead counsel. Currently the rule only allows defense counsel to participate as lead counsel in death penalty cases. RULE 3.121. 38-0-1 Requires that a photograph be attached to the arrest warrant, if reasonably available. Requires that the arrest warrant contain additional conditions of release, should any exist. RULE 3.172. 32-0 Clarifies the immigration warning; allows for more time to consult counsel regarding immigration consequences; and requires the court to determine, should the plea result in a negative immigration consequence whether the defendant wants to move forward with the plea. RULE 3.192. 31-0 Includes a reference to Rule 3.801. RULE 3.212. 27-1 Amends subdivision (d) to remove the requirement that if a defendant is not mentally competent to proceed but does not meet the criteria for commitment, the court can still release the defendant on appropriate release conditions. Currently, the rule only allows those conditions to be in place for one year. RULE 3.220. 19-4-0 Amends subdivision (h)(1) to delete the exception for subpoenas duces tecum. RULE 3.281. 32-2 Deletes the requirement that the clerk furnish the parties with copies of prospective jurors jury questionnaires to protect sensitive information contained within the jury questionnaires. RULE 3.300. 24-1-1 Requires that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT