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House
File
2505
-
Introduced
HOUSE
FILE
2505
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
641)
A
BILL
FOR
An
Act
relating
to
bail
and
bond
amounts
and
conditions.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
804.21,
subsections
2
and
4,
Code
2026,
1
are
amended
to
read
as
follows:
2
2.
a.
Where
When
the
offense
is
bailable,
the
magistrate
3
shall
fix
bail
giving
due
consideration
to
the
bail
at
the
4
amount
endorsed
on
the
warrant
or
unless
the
bail
set
on
the
5
warrant
is
less
than
that
specified
on
the
bond
schedule,
and
6
shall
give
due
consideration
to
other
conditions
stipulated
on
7
the
warrant
for
the
defendant’s
appearance
in
the
court
which
8
that
issued
the
warrant;
if
such
person
is
not
released
on
9
bail,
the
magistrate
must
redeliver
the
warrant
to
the
officer,
10
and
the
officer
shall
retain
custody
of
the
arrested
person
11
until
the
person’s
removal
to
appear
before
the
magistrate
who
12
issued
the
warrant.
13
b.
In
fixing
bail,
the
magistrate
shall
not
set
bail
at
14
an
amount
that
is
less
than,
or
a
percentage
of,
that
on
15
the
uniform
bond
schedule,
unless
the
magistrate
provides
16
justification,
pursuant
to
section
811.2,
subsection
2,
for
the
17
deviation
in
writing.
18
4.
When
the
court
is
not
in
session,
a
person
arrested
and
19
placed
in
jail
may
be
released
on
the
person’s
own
recognizance
20
with
or
without
other
conditions,
by
the
verbal
or
written
21
order
of
a
judge
or
magistrate.
The
verbal
order
may
be
22
communicated
by
telephone.
The
judge
or
magistrate
may
issue
23
such
order
of
release
only
upon
the
request
of
an
attorney
or
24
person
believed
by
the
judge
or
magistrate
to
be
reliable
A
25
defendant
is
only
eligible
to
be
released
on
the
defendant’s
26
own
recognizance
if
the
defendant
has
been
charged
with
a
27
nonviolent,
nondrug
simple
or
serious
misdemeanor
.
28
Sec.
2.
Section
804.21,
subsection
5,
paragraph
b,
Code
29
2026,
is
amended
to
read
as
follows:
30
b.
The
bond
schedule
shall
not
be
used
unless
both
the
31
following
conditions
are
met:
32
(1)
The
if
the
person
was
arrested
for
a
crime
other
than
a
33
violation
of
section
708.6
,
section
724.26,
subsection
1
,
or
34
a
forcible
felony
,
and
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(2)
The
courts
are
not
in
session
.
In
determining
any
1
conditions
of
release,
a
magistrate
shall
provide
justification
2
pursuant
to
section
811.2,
subsection
2,
in
writing.
3
Sec.
3.
Section
804.22,
subsection
2,
Code
2026,
is
amended
4
to
read
as
follows:
5
2.
a.
In
determining
conditions
of
release,
a
magistrate
6
shall
not
set
bail
at
an
amount
that
is
less
than,
or
7
a
percentage
of,
that
on
the
uniform
bond
schedule,
or
8
otherwise
release
a
defendant,
unless
the
magistrate
provides
9
justification
pursuant
to
section
811.2,
subsection
2,
in
10
writing.
11
b.
This
section
and
the
rules
of
criminal
procedure
do
12
not
affect
the
provisions
of
chapter
805
authorizing
the
13
release
of
a
person
on
citation
or
bail
prior
to
initial
14
appearance,
unless
the
person
is
charged
with
manufacture,
15
delivery,
possession
with
intent
to
manufacture
or
deliver,
or
16
distribution
of
methamphetamine.
The
initial
appearance
of
a
17
person
so
released
shall
be
scheduled
for
a
time
not
more
than
18
thirty
days
after
the
date
of
release.
19
Sec.
4.
Section
811.1,
subsection
2,
unnumbered
paragraph
20
1,
Code
2026,
is
amended
to
read
as
follows:
21
All
Except
as
provided
in
subsection
3,
all
defendants
22
are
bailable
both
before
and
after
conviction,
by
sufficient
23
surety,
or
subject
to
release
upon
condition
or
on
their
own
24
recognizance,
except
that
the
following
defendants
shall
not
be
25
admitted
to
bail:
26
Sec.
5.
Section
811.1,
Code
2026,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
3.
A
defendant
is
only
eligible
to
be
29
released
on
the
defendant’s
own
recognizance
if
the
defendant
30
has
been
charged
with
a
nonviolent,
nondrug
simple
or
serious
31
misdemeanor.
32
Sec.
6.
Section
811.2,
subsection
1,
paragraph
a,
33
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
34
follows:
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All
bailable
defendants
shall
be
ordered
released
from
1
custody
pending
judgment
or
entry
of
deferred
judgment
on
2
their
personal
recognizance
,
except
as
limited
by
section
3
811.1,
subsection
3
,
or
upon
the
execution
of
an
unsecured
4
appearance
bond
in
an
amount
specified
by
the
magistrate
unless
5
the
magistrate
determines
in
the
exercise
of
the
magistrate’s
6
discretion,
that
such
a
release
will
not
reasonably
assure
the
7
appearance
of
the
defendant
as
required
or
that
release
will
8
jeopardize
the
personal
safety
of
another
person
or
persons.
9
When
such
determination
is
made,
the
magistrate
shall,
either
10
in
lieu
of
or
in
addition
to
the
above
methods
of
release,
11
impose
the
first
of
the
following
conditions
of
release
which
12
that
will
reasonably
assure
the
appearance
of
the
person
13
for
trial
or
deferral
of
judgment
and
the
safety
of
other
14
persons,
or,
if
no
single
condition
gives
that
assurance,
any
15
combination
of
the
following
conditions:
16
Sec.
7.
Section
811.2,
subsection
1,
paragraph
a,
17
subparagraph
(3),
Code
2026,
is
amended
to
read
as
follows:
18
(3)
Require
the
execution
of
an
appearance
bond
in
a
19
specified
amount
and
the
deposit
with
the
clerk
of
the
district
20
court
or
a
public
officer
designated
under
section
602.1211,
21
subsection
4
,
in
cash
or
other
qualified
security,
of
a
sum
not
22
to
exceed
ten
percent
of
the
amount
of
the
bond,
the
deposit
to
23
be
returned
to
the
person
who
deposited
the
specified
amount
24
with
the
clerk
upon
the
performance
of
the
appearances
as
25
required
in
section
811.6
.
26
Sec.
8.
Section
811.2,
subsection
1,
Code
2026,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
c.
If
a
pretrial
release
evaluation
is
29
completed
by
the
department
of
corrections
for
a
magistrate
to
30
consider
prior
to
the
release
of
a
defendant,
the
evaluator
31
for
the
department
of
corrections
must
verify
all
of
the
32
information
contained
in
the
pretrial
release
evaluation
prior
33
to
providing
it
to
the
magistrate.
34
Sec.
9.
JUDICIAL
COUNCIL
——
UNIFORM
BOND
SCHEDULE.
The
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judicial
council
shall
revise
and
update
the
bond
schedule
to
1
adjust
for
inflation
since
the
previous
update
that
became
2
effective
on
July
1,
2017.
The
revised
bond
schedule
shall
be
3
submitted
to
the
supreme
court
no
later
than
July
1,
2027.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
bail
and
bond
amounts
and
conditions.
8
The
bill
provides
that
when
the
offense
is
bailable,
the
9
magistrate
shall
fix
bail
at
the
amount
endorsed
on
the
warrant
10
unless
the
bail
set
on
the
warrant
is
less
than
that
specified
11
on
the
bond
schedule.
In
fixing
bail,
the
magistrate
shall
12
not
set
bail
at
an
amount
that
is
less
than,
or
a
percentage
13
of,
that
on
the
uniform
bond
schedule,
unless
the
magistrate
14
provides
justification
for
the
deviation
in
writing.
15
The
bill
provides
that
a
defendant
is
only
eligible
to
be
16
released
on
the
defendant’s
own
recognizance
if
the
defendant
17
has
been
charged
with
a
nonviolent,
nondrug
simple
or
serious
18
misdemeanor.
19
The
bill
provides
that
the
bond
schedule
promulgated
by
20
the
judicial
council
shall
not
be
used
if
the
person
was
21
arrested
for
a
violation
of
Code
section
708.6
(intimidation
22
with
a
dangerous
weapon),
Code
section
724.26,
subsection
1
23
(possession,
receipt,
transportation,
or
dominion
and
control
24
of
firearms,
offensive
weapons,
and
ammunition
by
felons
and
25
others),
or
a
forcible
felony
(Code
section
702.11).
In
26
determining
conditions
of
release,
a
magistrate
may
not
set
27
bail
at
an
amount
that
is
less
than,
or
a
percentage
of,
that
on
28
the
uniform
bond
schedule,
or
otherwise
release
a
defendant,
29
unless
written
justification
is
provided.
Current
law
provides
30
that
the
bond
schedule
for
release
of
an
arrested
person
is
31
only
used
when
court
is
not
is
session.
32
The
bill
removes
the
restriction
that
the
amount
of
an
33
appearance
bond
to
be
deposited
with
the
clerk
may
not
exceed
34
10
percent
of
the
amount
of
the
bond.
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The
bill
provides
that
if
a
pretrial
release
evaluation
is
1
completed
by
the
department
of
corrections
for
a
magistrate
to
2
consider
prior
to
the
release
of
a
defendant,
the
evaluator
3
for
the
department
of
corrections
must
verify
all
of
the
4
information
contained
in
the
pretrial
release
evaluation
prior
5
to
providing
it
to
the
magistrate.
6
The
bill
requires
the
judicial
council
to
revise
and
update
7
the
bond
schedule
to
adjust
for
inflation
since
the
previous
8
update
that
became
effective
on
July
1,
2017.
The
revised
bond
9
schedule
shall
be
submitted
to
the
supreme
court
no
later
than
10
July
1,
2027.
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