Text: SF02145 Text: SF02147 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2146 1 2 1 3 AN ACT 1 4 RELATING TO THE APPEARANCE IN COURT AND THE RELEASE FROM 1 5 CUSTODY OF CERTAIN CRIMINAL DEFENDANTS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 805.6, subsection 1, paragraph c, Code 1 10 1999, is amended by adding the following new subparagraph 1 11 before subparagraph (1): 1 12 NEW SUBPARAGRAPH. (0) If the offense is one to which an 1 13 assessment of a minimum fine is applicable and the entry is 1 14 otherwise not prohibited by this section, an amount equal to 1 15 one and one-half times the minimum fine plus court costs. 1 16 Sec. 2. Section 805.6, subsection 1, paragraph c, 1 17 subparagraph (3), Code 1999, is amended to read as follows: 1 18 (3) If the violation is for any offense for which a court 1 19 appearance is mandatory, and an assessment of a minimum fine 1 20 is not applicable, the amount of one hundred dollars plus 1 21 court costs. 1 22 Sec. 3. Section 805.6, subsection 1, paragraph d, Code 1 23 1999, is amended to read as follows: 1 24 d. The written appearance defined in paragraph "b" shall 1 25 not be used for any offense other than a simple misdemeanor 1 26 and shall not be used for any offense under section 321.218 or 1 27 321A.32. 1 28 Sec. 4. Section 805.10, subsection 1, Code 1999, is 1 29 amended to read as follows: 1 30 1. When the violation charged involved or resultedin an1 31accident or injury to property and the total damages are one1 32thousand dollars or more, orinana death or caused serious 1 33 injury to person as defined under section 702.18. 1 34 Sec. 5. Section 805.10, Code 1999, is amended by adding 1 35 the following new subsection: 2 1 NEW SUBSECTION. 1A. When the violation charged involved 2 2 or resulted in an accident or injury to property and based 2 3 upon the violator's driving record, or failure to pay any 2 4 fine, surcharge, or court costs, or any other circumstances 2 5 involving the accident, the officer determines a court 2 6 appearance is necessary. 2 7 Sec. 6. Section 811.2, subsection 2, Code Supplement 1999, 2 8 is amended to read as follows: 2 9 2. DETERMINATION OF CONDITIONS. In determining which 2 10 conditions of release will reasonably assure the defendant's 2 11 appearance and the safety of another person or persons, the 2 12 magistrate shall, on the basis of available information, take 2 13 into account the nature and circumstances of the offense 2 14 charged, the defendant's family ties, employment, financial 2 15 resources, character and mental condition, the length of the 2 16 defendant's residence in the community, the defendant's record 2 17 of convictions, including the defendant's failure to pay any 2 18 fine, surcharge, or court costs, and the defendant's record of 2 19 appearance at court proceedings or of flight to avoid 2 20 prosecution or failure to appear at court proceedings. 2 21 2 22 2 23 2 24 MARY E. KRAMER 2 25 President of the Senate 2 26 2 27 2 28 2 29 BRENT SIEGRIST 2 30 Speaker of the House 2 31 2 32 I hereby certify that this bill originated in the Senate and 2 33 is known as Senate File 2146, Seventy-eighth General Assembly. 2 34 2 35 3 1 3 2 MICHAEL E. MARSHALL 3 3 Secretary of the Senate 3 4 Approved , 2000 3 5 3 6 3 7 3 8 THOMAS J. VILSACK 3 9 Governor
Text: SF02145 Text: SF02147 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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