Text: H01498                            Text: H01500
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House Amendment 1499

Amendment Text

PAG LIN
  1  1    Amend Senate File 189, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 7, by inserting after line 15 the
  1  4 following:
  1  5    "Sec.    .  Section 804.21, subsection 4, Code
  1  6 1999, is amended to read as follows:
  1  7    4.  When the court is not in session, a person
  1  8 arrested and placed in jail may be released on the
  1  9 person's own recognizance with or without other
  1 10 conditions, by the verbal or written order of a judge
  1 11 or magistrate.  The verbal order may be communicated
  1 12 by telephone.  The judge or magistrate may issue such
  1 13 order of release only upon the request of an attorney
  1 14 or person believed by the judge or magistrate to be
  1 15 reliable.  However, this paragraph shall not apply to
  1 16 violations of section 321.218, 321.561, 321A.32, and
  1 17 321J.21 or for an arrest by warrant for failure to
  1 18 appear for such offenses.
  1 19    Sec.    .  Section 805.6, subsection 1, paragraph
  1 20 d, Code 1999, is amended to read as follows:
  1 21    d.  The written appearance defined in paragraph "b"
  1 22 shall not be used for any offense other than a simple
  1 23 misdemeanor and shall not be used for violations of
  1 24 sections 321.218, 321.561, 321A.32, and 321J.21.
  1 25    Sec.    .  Section 811.2, subsection 2, Code 1999,
  1 26 is amended to read as follows:
  1 27    2.  DETERMINATION OF CONDITIONS.  In determining
  1 28 which conditions of release will reasonably assure the
  1 29 defendant's appearance and the safety of another
  1 30 person or persons, the magistrate shall, on the basis
  1 31 of available information, take into account the nature
  1 32 and circumstances of the offense charged, the
  1 33 defendant's family ties, employment, financial
  1 34 resources, character and mental condition, the length
  1 35 of the defendant's residence in the community, the
  1 36 defendant's record of convictions, and the defendant's
  1 37 record of appearance at court proceedings or of flight
  1 38 to avoid prosecution or failure to appear at court
  1 39 proceedings.  A defendant whose driver's license has
  1 40 been suspended pursuant to section 321.210A for
  1 41 failure to pay a fine, penalty, surcharge, or court
  1 42 costs shall be deemed not a good risk to appear and
  1 43 the defendant shall be required to execute an
  1 44 appearance bond or bail bond."
  1 45    #2.  By renumbering as necessary.  
  1 46 
  1 47 
  1 48                               
  1 49 LARSON of Linn 
  1 50 SF 189.702 78
  2  1 jm/sc
     

Text: H01498                            Text: H01500
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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