by Kathleen Haughney
The News Service of Florida
The laws governing an accused person’s right to a speedy trial could be changed under a proposal filed by an Orlando legislator.
The bill (HB 1517) would change the Florida Supreme Court’s speedy trial rule by creating a tiered system that would outline what qualifies as a speedy trial for different crimes. Currently, defendants facing criminal charges are guaranteed a trial in 175 days.
“When we’re treating trespass the same as we’re treating murder and rape, that’s not right,” said Rep. Eric Eisnaugle (R-Orlando).
Eisnaugle’s bill would extend the time of a speedy trial in capital cases, including murder, from 175 days to 365 days. Other offenses would fall into a tier. Defendants would be guaranteed a trial within 90 days for a misdemeanor, 180 days for a first, second or third degree felony and 275 days for a first degree felony punishable by life in prison.
Eisnaugle said the bill stemmed from several cases in Orange County where murder cases were dismissed because of speedy trial violations. In 2005, Pedro Lebron was arrested for allegedly killing Darlene Boykin, but the case was ultimately thrown out because he wasn’t formally brought to trial within 175 days.
And in 1992, John Austin Landry was convicted of murder, but the Supreme Court overturned the sentence because he had not been tried within 175 days.
Eisnaugle said the current law was intended to protect the rights of defendants, but has had unintended consequences.
“It’s a one-size-fits-all and it doesn’t recognize that some crimes are much more heinous than others,” he said.
The bill was filed Monday and has not yet been assigned to any committees. It also does not yet have a Senate companion. Eisnaugle said he is still meeting with different legal interest groups to hear if they have any problems or suggestions for the legislation.