SENATE FILE 165

BY  HANCOCK

A BILL FOR

An Act relating to scheduled violations that require a court appearance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 805.10, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.
  a.  In cases requiring a court appearance pursuant to subsection 1, if a peace officer fails to endorse “court appearance required” on an information or uniform citation and complaint, and the defendant admits to the violation under the procedures established in section 805.9 without a court appearance as required by this section, the conviction shall be set aside as a matter of law if the county attorney files an objection to the conviction within sixty days of the conviction.
   b.  If the conviction is set aside, the defendant shall appear before the court and regular procedures shall apply as in other scheduled violation cases requiring a court appearance under this section.
   c.  Any fine, court costs, surcharge, or other penalties previously paid by the defendant, including an unsecured appearance bond, may be refunded to the defendant or upon conviction applied to the newly assessed fine, court costs, surcharge, or other penalty.
   Sec. 2.  Section 811.9, Code 2011, is amended to read as follows:
   811.9  Forfeiture of appearance bond and conditions to set aside.
   Sections 811.6 through 811.8 shall not apply in a case where a simple misdemeanor is charged upon a uniform citation and complaint and where the defendant has submitted an unsecured appearance bond or has submitted bail in the form of cash, check, credit card as provided in section 805.14, or guaranteed arrest bond certificate as defined in section 321.1. When a defendant fails to appear as required in such cases, the court, or the clerk of the district court, shall enter a judgment of forfeiture of the bond or bail. The judgment shall be final upon entry and shall not be set aside unless the conviction is for a scheduled violation under chapter 321 that was set aside under the procedures established in section 321.200A, or upon a showing of good cause after the filing of a motion within ninety days of entry of the judgment, for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty, or if the county attorney objects pursuant to the procedures established in section 805.10, subsection 3.
EXPLANATION
   This bill relates to scheduled violations that require a court appearance.
   The bill provides that for scheduled violations requiring a court appearance where the peace officer fails to endorse “court appearance required” on the information or uniform citation and complaint, and the defendant later admits to the violation without a court appearance under the procedures established in Code section 805.9, the conviction shall be set aside as a matter of law if the county attorney files an objection to the conviction within 60 days of the conviction.
   If a conviction is set aside under the bill, the defendant shall appear before the court and regular procedures shall apply as in other scheduled violation cases that require a court appearance under Code section 805.10.
   The bill provides that any fine, court costs, surcharge, or other penalty previously paid by the defendant, including an unsecured appearance bond, may be refunded to the defendant or upon subsequent conviction applied to the newly assessed fine, court costs, surcharge, or other penalty.