House File 2187 



                                       HOUSE FILE       
                                       BY  BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to bail restrictions imposed against a person who
  2    is an unauthorized alien.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5778YH 82
  5 jm/rj/5

PAG LIN



  1  1    Section 1.  Section 811.1, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  A defendant who is an identified
  1  4 unauthorized alien and is not lawfully present in the United
  1  5 States.
  1  6    Sec. 2.  NEW SECTION.  811.1B  UNAUTHORIZED ALIEN ==
  1  7 NOTIFICATION.
  1  8    The law enforcement agency responsible for the arrest of a
  1  9 defendant who has been denied bail pursuant to section 811.1,
  1 10 subsection 4, shall notify the United States immigration and
  1 11 customs enforcement about the defendant who has been denied
  1 12 bail.
  1 13    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 14 3, shall not apply to this Act.
  1 15                           EXPLANATION
  1 16    This bill relates to bail restrictions imposed against a
  1 17 person who is an unauthorized alien.
  1 18    The bill provides that a person who is an identified
  1 19 unauthorized alien shall not be eligible for bail when charged
  1 20 with a criminal offense.  In addition, under Code section
  1 21 805.1, a person not eligible for bail is required to be taken
  1 22 into custody.
  1 23    The bill also requires the law enforcement agency
  1 24 responsible for the arrest of an identified unauthorized alien
  1 25 to notify the United States immigration and customs
  1 26 enforcement about the unauthorized alien.
  1 27    The bill may include a state mandate as defined in Code
  1 28 section 25B.3.  The bill makes inapplicable Code section
  1 29 25B.2, subsection 3, which would relieve a political
  1 30 subdivision from complying with a state mandate if funding for
  1 31 the cost of the state mandate is not provided or specified.
  1 32 Therefore, political subdivisions are required to comply with
  1 33 any state mandate included in the bill.
  1 34 LSB 5778YH 82
  1 35 jm/rj/5