Senate File 325 - Introduced SENATE FILE 325 BY SMITH A BILL FOR An Act requiring certain arrested persons to make an initial 1 appearance before a magistrate prior to release from 2 custody. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1494XS (3) 87 jm/rh/rj

S.F. 325 Section 1. Section 804.21, subsection 1, Code 2017, 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 is charged with a criminal offense that 16 includes the use of a firearm as an element of the offense . 17 If, however, a person is released pursuant to pretrial release 18 guidelines, a magistrate must, within twenty-four hours of 19 the release, or as soon as practicable on the next subsequent 20 working day of the court, either approve in writing of the 21 release, or disapprove of the release and issue a warrant for 22 the person’s arrest. 23 Sec. 2. Section 804.22, subsection 2, Code 2017, is amended 24 to read as follows: 25 2. This section and the rules of criminal procedure do 26 not affect the provisions of chapter 805 authorizing the 27 release of a person on citation or bail prior to initial 28 appearance, unless the person is charged with manufacture, 29 delivery, possession with intent to manufacture or deliver, or 30 distribution of methamphetamine , or is charged with a criminal 31 offense that includes the use of a firearm as an element of the 32 offense . The initial appearance of a person so released shall 33 be scheduled for a time not more than thirty days after the 34 date of release. 35 -1- LSB 1494XS (3) 87 jm/rh/rj 1/ 3

S.F. 325 Sec. 3. Section 811.2, subsection 3, Code 2017, is amended 1 to read as follows: 2 3. Release at initial appearance. This chapter does not 3 preclude the release of an arrested person as authorized 4 by section 804.21 , unless the arrested person is charged 5 with manufacture, delivery, possession with the intent to 6 manufacture or deliver, or distribution of methamphetamine , or 7 is charged with a criminal offense that includes the use of a 8 firearm as an element of the offense . 9 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 10 3, shall not apply to this Act. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill requires certain arrested persons to make an 15 initial appearance before a magistrate prior to release from 16 custody. 17 Current law provides that most persons arrested when court 18 is not in session who would otherwise remain incarcerated 19 while waiting to be taken before a magistrate for an initial 20 appearance during the next court session may be released from 21 custody pending an initial appearance before a magistrate 22 pursuant to pretrial release guidelines, or post a bond and 23 be released pursuant to a bond schedule promulgated by the 24 judicial council. 25 The bill requires that a person arrested when court is not 26 in session, and who is charged with a criminal offense that 27 includes the use of a firearm as an element of the offense, 28 shall not be released from custody on pretrial release or be 29 eligible to post a bond and be released pursuant to the bond 30 schedule promulgated by the judicial council until the person 31 makes an initial appearance before a magistrate. 32 The bill may include a state mandate as defined in Code 33 section 25B.3. The bill makes inapplicable Code section 25B.2, 34 subsection 3, which would relieve a political subdivision from 35 -2- LSB 1494XS (3) 87 jm/rh/rj 2/ 3

S.F. 325 complying with a state mandate if funding for the cost of 1 the state mandate is not provided or specified. Therefore, 2 political subdivisions are required to comply with any state 3 mandate included in the bill. 4 -3- LSB 1494XS (3) 87 jm/rh/rj 3/ 3