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Senate Study Bill 182

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 124.416, Code 1995, is amended to read
  1  2 as follows:
  1  3    124.416  EXCEPTION TO NONBAILABLE OFFENSE.
  1  4    Notwithstanding section 811.1, the court, in its
  1  5 discretion, after making the finding required by section
  1  6 811.1, subsection 3, may admit a person convicted of a
  1  7 violation of section 124.401, subsection 1 or 2, or of a
  1  8 violation of section 124.406, to bail if the prosecuting
  1  9 attorney in the action and the defendant's counsel jointly
  1 10 petition the court to admit the person to bail.
  1 11    Sec. 2.  Section 811.1, subsection 3, Code 1995, is amended
  1 12 to read as follows:
  1 13    3.  Notwithstanding subsections 1 and 2, a defendant
  1 14 awaiting judgment of conviction and sentencing following
  1 15 either a plea or verdict of guilty of, or appealing a
  1 16 conviction of, a felony offense under chapter 124 not provided
  1 17 for in subsection 1 or 2 is presumed to be ineligible to be
  1 18 admitted to bail unless the court determines that such release
  1 19 reasonably will not result in the person failing to appear as
  1 20 required and will not jeopardize the personal safety of
  1 21 another person or persons shall not be eligible to be admitted
  1 22 to bail unless the court finds by clear and convincing
  1 23 evidence that the defendant will not harass, intimidate, or
  1 24 pose a threat to the safety of another person or pose a threat
  1 25 to the public safety and the court further finds that there is
  1 26 a substantial likelihood that a motion for acquittal or new
  1 27 trial will be granted or that an appeal will result in a
  1 28 reversal or a new trial.  
  1 29                           EXPLANATION
  1 30    This bill provides that a person who has been convicted of
  1 31 a crime under chapter 124, other than a crime punishable as a
  1 32 class "B" felony under section 124.401, subsection 1,
  1 33 paragraph "a", and who is awaiting sentencing or is appealing
  1 34 the conviction shall not be eligible for release on bail
  1 35 unless the court finds by clear and convincing evidence that
  2  1 the person will not harass, intimidate, or pose a threat to
  2  2 the safety of another person or the general public and finds
  2  3 that a motion for acquittal or motion for new trial will be
  2  4 granted or an appeal will result in the conviction being
  2  5 reversed.  Under section 811.1 as it exists currently, a
  2  6 person who is convicted of a crime under section 124.401,
  2  7 subsection 1, paragraph "a", and a person convicted of a class
  2  8 "A" felony, murder, felonious assault, sexual abuse in the
  2  9 second or third degree, kidnapping, or first degree robbery,
  2 10 arson, or burglary is not eligible for bail while awaiting
  2 11 sentencing or while appealing the conviction.
  2 12    This bill may contain a state mandate under chapter 25B and
  2 13 is subject to the provisions of section 25B.2, subsection 3.  
  2 14 LSB 1601XL 76
  2 15 mk/sc/14.1
     
Text: SSB00181                          Text: SSB00183
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index
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