Read the full stored bill text
Senate
File
2020
-
Introduced
SENATE
FILE
2020
BY
LOFGREN
A
BILL
FOR
An
Act
requiring
an
initial
appearance
before
a
magistrate
1
on
new
felony
charges
by
a
person
on
felony
probation
or
2
parole.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
804.21,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
A
person
arrested
in
obedience
to
a
warrant
shall
be
3
taken
without
unnecessary
delay
before
the
nearest
or
most
4
accessible
magistrate.
The
officer
shall
at
the
same
time
5
deliver
to
the
magistrate
the
warrant
with
the
officer’s
return
6
endorsed
on
it
and
subscribed
by
the
officer
with
the
officer’s
7
official
title.
However,
this
section
,
and
sections
804.22
8
and
804.23
,
do
not
preclude
the
release
of
an
arrested
person
9
within
the
period
of
time
the
person
would
otherwise
remain
10
incarcerated
while
waiting
to
be
taken
before
a
magistrate
11
if
the
release
is
pursuant
to
pretrial
release
guidelines
or
12
a
bond
schedule
promulgated
by
the
judicial
council,
unless
13
the
person
is
charged
with
manufacture,
delivery,
possession
14
with
intent
to
manufacture
or
deliver,
or
distribution
of
15
methamphetamine
,
or
unless
the
person
is
charged
with
a
felony
16
and
is
at
the
time
of
the
arrest
on
probation
or
parole,
in
17
lieu
of
or
as
a
result
of
a
sentence
of
incarceration
imposed
18
upon
conviction
of
a
felony,
and
subject
to
supervision
by
the
19
district
department
of
correctional
services
.
If,
however,
a
20
person
is
released
pursuant
to
pretrial
release
guidelines,
a
21
magistrate
must,
within
twenty-four
hours
of
the
release,
or
as
22
soon
as
practicable
on
the
next
subsequent
working
day
of
the
23
court,
either
approve
in
writing
of
the
release,
or
disapprove
24
of
the
release
and
issue
a
warrant
for
the
person’s
arrest.
25
Sec.
2.
Section
804.22,
subsection
2,
Code
2026,
is
amended
26
to
read
as
follows:
27
2.
This
section
and
the
rules
of
criminal
procedure
do
28
not
affect
the
provisions
of
chapter
805
authorizing
the
29
release
of
a
person
on
citation
or
bail
prior
to
initial
30
appearance,
unless
the
person
is
charged
with
manufacture,
31
delivery,
possession
with
intent
to
manufacture
or
deliver,
32
or
distribution
of
methamphetamine
,
or
unless
the
person
is
33
charged
with
a
felony
and
is
at
the
time
of
the
arrest
on
34
probation
or
parole,
in
lieu
of
or
as
a
result
of
a
sentence
of
35
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2020
incarceration
imposed
upon
conviction
of
a
felony,
and
subject
1
to
supervision
by
the
district
department
of
correctional
2
services
.
The
initial
appearance
of
a
person
so
released
shall
3
be
scheduled
for
a
time
not
more
than
thirty
days
after
the
4
date
of
release.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
requires
an
initial
appearance
before
a
magistrate
9
on
new
felony
charges
by
a
person
on
felony
probation
or
10
parole.
11
Current
law
allows
a
person
arrested
with
or
without
a
12
warrant
to
be
released
within
the
period
of
time
the
person
13
would
otherwise
remain
incarcerated
while
waiting
to
be
14
taken
before
a
magistrate
if
the
release
is
pursuant
to
15
pretrial
release
guidelines
or
a
bond
schedule
promulgated
16
by
the
judicial
council,
unless
the
person
is
charged
with
17
manufacture,
delivery,
possession
with
intent
to
manufacture
or
18
deliver,
or
distribution
of
methamphetamine.
19
The
bill
requires
a
person
arrested
with
or
without
a
warrant
20
and
charged
with
a
felony
who
is
at
the
time
of
the
arrest
on
21
probation
or
parole,
in
lieu
of
or
as
a
result
of
a
sentence
of
22
incarceration
imposed
upon
conviction
of
a
felony,
and
subject
23
to
supervision
by
the
district
department
of
correctional
24
services
to
have
an
initial
appearance
before
a
magistrate
25
prior
to
release
pursuant
to
pretrial
release
guidelines
or
a
26
bond
schedule
promulgated
by
the
judicial
council.
27
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