SCS/SB 374 - This act provides that offenders who receive funding from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act shall use such funds to make restitution payments ordered by a court resulting from a conviction of a violation of any local, state, or federal law. This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 53 & 60 (2021).
Additionally, this act provides that a person who has been granted release pending trial in any criminal matter shall be in violation of the conditions of release imposed by the court by:
• Failing to appear for any court appearance;
• Being arrested or formally charged with any new criminal offense; or
• Violating any other condition of release that the court has placed on the person to secure the appearance of the person at trial and to secure the safety of the community.
This act also provides that it shall be presumed that a person charged with the offense of failure to appear who committed a dangerous felony will not appear upon a summons and, upon the finding of probable cause of a violation of conditional release by a court, an arrest warrant shall be issued. The filing of a complaint or indictment for violation of conditions of release of a person charged with the offense of failure to appear who committed a dangerous felony shall create a rebuttable presumption that no combination of conditions will secure the safety of the community and the offender shall be detained pending trial.
MARY GRACE BRUNTRAGER