902.15

Undertaking by witness.

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902.15 Undertaking by witness.—When a defendant is held to answer on a charge for a crime punishable by death or life imprisonment, the trial court judge at the preliminary hearing may require each material witness to enter into a written recognizance to appear at the trial or forfeit a sum fixed by the trial court judge. Additional security may be required in the discretion of the trial court judge.

History.—ss. 39, 40, ch. 19554, 1939; CGL 1940 Supp. 8663(39), (40); s. 16, ch. 70-339; s. 26, ch. 2004-11.

Note.—Former s. 902.16.

Notes of Decisions

Cited in 2 cases, 1965–1980 · leading case: State ex rel. Gebhardt v. Buchanan

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State ex rel. Gebhardt v. Buchanan (1965) fladistctapp “In addition to the sound and sufficient reasons set out in the opinion of this court, I would add that §§ 902.15-902.17, Fla.Stat., F.S.A., relied on by the petitioner, are not applicable to the present situation.”

Rodriguez v. Sandstrom (1980) fladistctapp “§§ 902.15, 902.-17, Fla.Stat. (1979). Central to the exercise of the circuit court’s authority in such case, however, is that a first degree murder charge must be pending before the circuit court at the time such material witness is committed to custody in lieu of bail.”

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