HSB 25 (LSB 1537YC (2) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to the forfeiture of bail in a criminal case.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.8102, subsection 131, Code 2013, is amended to read as follows:
   131.  Hold the amount of forfeiture and judgment of bail in the clerk’s office for sixty
 
ninety days as provided in section 811.6.
    Sec. 2.  Section 811.6, subsections 2 and 3, Code 2013, are amended to read as follows:
   2.  Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the same as funds of the clerk’s office for a period of sixty
 
ninety days from the date of judgment.
   3.  The court may, upon application, set aside such judgment if, within sixty
 
ninety days from the date thereof
 
of the judgment, the defendant shall voluntarily surrender to the sheriff of the county, or the defendant’s sureties shall, at their own expense, deliver the defendant to the custody of the sheriff. Such judgment shall not be set aside, however, unless as a condition precedent thereto, the defendant and the defendant’s sureties shall have paid all costs and expenses incurred in connection therewith.
EXPLANATION
   This bill relates to the forfeiture of bail in a criminal case.
   The bill extends the time period the court may set aside a judgment (forfeited bail) against a surety when a defendant fails to appear in court. Under the bill, if a defendant fails to appear in court the judgment against the surety may be set aside by the court if a defendant voluntarily surrenders to the sheriff or the surety delivers the defendant to the court within 90 days of the entry of the judgment. Current law provides that the judgment against the surety may be set aside by the court if a defendant voluntarily surrenders to the sheriff or the surety delivers the defendant to the court within 60 days of the entry of the judgment.
   The bill also extends the time period the clerk of the district court is required to hold the forfeited bail from 60 days to 90 days from the date of the judgment against the surety.
   Forfeited bail is collected by the clerk of the district court and distributed pursuant to Code section 602.8106.