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Kim Reynolds
GOVERNOR
Office of the GovernorChris Cournoyer
LT GOVERNOR
June 02, 2026
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
Senate File 2399, an Act relating to bail and bond amounts and conditions.
The above Senate File is hereby approved on this date.
Sincerely,
Kim Reynojfls
Govemor of Iowa
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV
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Senate File 2399
AN ACT
RELATING TO BAIL AND BOND AMOUNTS AND CONDITIONS,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 804.21, subsections 2 and 4, Code 2026,
are amended to read as follows:
2, Where When the offense is bailable, the magistrate
shall fix bail giving due conaidoration to the bail at the
amount endorsed on the warrant ©*• unless the bail set on the
warrant is less than that specified on the bond schedule, and
shall give due consideration to other conditions stipulated on
the warrant for the defendant's appearance in the court which
that issued the warrant; if such person is not released on
bail, the magistrate must redeliver the warrant to the officer,
and the officer shall retain custody of the arrested person
until the person's removal to appear before the magistrate who
issued the warrant.
b» In fixing bail, the magistrate shall not set bail at
an amount that is less than, or a percentage of, that on
the uniform bond schedule, unless the magistrate provides
justification, pursuant to section 811.2, subsection 2, for the
deviation in writing.
4. When the court is not in aeooion, a person arrested and
placed in jail may bo rGloasod on the person's own recognigance
with or without other conditions, by the verbal or written
order of a judge or magiatrato.—The verbal order
Senate File 2399, p. 2
may be communicatGd by telephone.—The judge or magistrate
may ioouo such order of rolcaoG only upon the roquoat of an
attorney or person bGlicvGd by the judge or magistrate to bo
reliable A defendant is only eligible to be released on the
defendant's own recognizance if the defendant has been charged
with a nonviolent, nondrug simple or serious misdemeanor or to
receive necessary medical attention, A defendant released for
necessary medical attention shall be returned to the custody
of a law enforcement agency once the defendant is medically
cleared and fit for confinement.
Sec. 2. Section 804.21, subsection 5, paragraph b. Code
2026, is amended to read as follows:
b. The bond schedule shall not be used unless both the
following conditions are met;
-(-i-)—The if the person was arrested for a crime other than a
violation of section 708.6, section 724.26, subsection 1, or
a forcible felony, and
-(-3^—The courts are not in session. In determining any
conditions of release, a magistrate shall provide justification
pursuant to section 811.2, subsection 2, in writing.
Sec. 3. Section 804.22, subsection 2, Code 2026, is amended
to read as follows:
2. a» In determining conditions of release, a magistrate
shall not set bail at an amount that is less than, or
a percentage of, that on the uniform bond schedule, or
otherwise release a defendant, unless the magistrate provides
justification pursuant to section 811.2, subsection 2, in
writing.
b. This section and the rules of criminal procedure do
not affect the provisions of chapter 805 authorizing the
release of a person on citation or bail prior to initial
appearance, unless the person is charged with manufacture,
delivery, possession with intent to manufacture or deliver, or
distribution of methamphetamine. The initial appearance of a
person so released shall be scheduled for a time not more than
thirty days after the date of release.
Sec. 4, Section 811.1, subsection 2, unnumbered paragraph
1, Code 2026, is amended to read as follows:
Aii Except as provided in subsection 3, all defendants
Senate File 2399, p. 3
are bailable both before and after conviction, by sufficient
surety, or subject to release upon condition or on their own
recognizance, except that the following defendants shall not be
admitted to bail;
Sec. 5. Section 811.1, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. A defendant is only eligible to be
released on the defendant's own recognizance if the defendant
has been charged with a nonviolent, nondrug simple or serious
misdemeanor.
Sec. 6. Section 811.2, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2026, is amended to read as
follows:
All bailable defendants shall be ordered released from
custody pending judgment or entry of deferred judgment on
their personal recognizance, except as limited by section
811.1, subsection 3, or upon the execution of an unsecured
appearance bond in an amount specified by the magistrate unless
the magistrate determines in the exercise of the magistrate's
discretion, that such a release will not reasonably assure the
appearance of the defendant as required or that release will
jeopardize the personal safety of another person or persons.
When such determination is made, the magistrate shall, either
in lieu of or in addition to the above methods of release,
impose the first of the following conditions of release which
that will reasonably assure the appearance of the person
for trial or deferral of judgment and the safety of other
persons, or, if no single condition gives that assurance, any
combination of the following conditions:
Sec. 7. Section 811.2, subsection 1, paragraph a,
subparagraph (3), Code 2026, is amended to read as follows:
(3) Require the execution of an appearance bond in a
specified amount and the deposit with the clerk of the district
court or a public officer designated under section 602.1211,
subsection 4, in cash or other qualified security, of a sum not
to oxcGod ten porcont of the amount of the bond# the deposit to
be returned to the person who deposited the specified amount
with the clerk upon the performance of the appearances as
required in section 811.6.
Senate File 2399, p. 4
Sec. 8. Section 811.2, subsection 1, Code 2026, is amended
by adding the following new paragraph:
NEW PARAGRAPH, c. If a pretrial release evaluation is
completed by the department of corrections for a magistrate to
consider prior to the release of a defendant, the evaluator
for the department of corrections must verify all of the
information contained in the pretrial release evaluation prior
to providing it to the magistrate.
Sec. 9. JUDICIAL COUNCIL — UNIFORM BOND SCHEDULE. The
judicial council shall revise and update the bond schedule to
adjust for inflation since the previous update that became
effective on July 1, 2017. The revised bond schedule shall be
submitted to the supreme court no later than July ly 2027.
AMY SINC^IR PAT GRASSLJ
President of the Senate Speaker of^the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2399, Ninety-first General Assembly.
W. CHARLES SMITHSON
Secgetary of the Senate
Approved^W**^ , 2026
KIM REYNOLDS
Governor