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Senate Study Bill 3021

Bill Text

PAG LIN
  1  1    Section 1.  Section 805.6, subsection 1, paragraph c, Code
  1  2 1999, is amended by adding the following new subparagraph
  1  3 before subparagraph (1):
  1  4    NEW SUBPARAGRAPH.  (0)  If the offense is one to which an
  1  5 assessment of a minimum fine is applicable and the entry is
  1  6 otherwise not prohibited by this section, an amount equal to
  1  7 one and one-half times the minimum fine plus court costs.
  1  8    Sec. 2.  Section 805.6, subsection 1, paragraph c,
  1  9 subparagraph (3), Code 1999, is amended to read as follows:
  1 10    (3)  If the violation is for any offense for which a court
  1 11 appearance is mandatory, and an assessment of a minimum fine
  1 12 is not applicable, the amount of one hundred dollars plus
  1 13 court costs.
  1 14    Sec. 3.  Section 805.6, subsection 1, paragraph d, Code
  1 15 1999, is amended to read as follows:
  1 16    d.  The written appearance defined in paragraph "b" shall
  1 17 not be used for any offense other than a simple misdemeanor
  1 18 and shall not be used for any offense under section 321.218 or
  1 19 321A.32.
  1 20    Sec. 4.  Section 811.2, subsection 2, Code Supplement 1999,
  1 21 is amended to read as follows:
  1 22    2.  DETERMINATION OF CONDITIONS.  In determining which
  1 23 conditions of release will reasonably assure the defendant's
  1 24 appearance and the safety of another person or persons, the
  1 25 magistrate shall, on the basis of available information, take
  1 26 into account the nature and circumstances of the offense
  1 27 charged, the defendant's family ties, employment, financial
  1 28 resources, character and mental condition, the length of the
  1 29 defendant's residence in the community, the defendant's record
  1 30 of convictions, including the defendant's driving record, the
  1 31 defendant's failure to pay any fine, surcharge, or court
  1 32 costs, and the defendant's record of appearance at court
  1 33 proceedings or of flight to avoid prosecution or failure to
  1 34 appear at court proceedings.  
  1 35                           EXPLANATION
  2  1    This bill relates to the appearance in court and the
  2  2 release from custody of certain criminal defendants.
  2  3    The amendments to Code section 805.6 relate to a defendant
  2  4 giving the court an unsecured appearance bond for certain
  2  5 simple misdemeanor offenses.  An unsecured appearance bond
  2  6 given to the court authorizes the court to enter a conviction
  2  7 and render judgment against the defendant in the amount of the
  2  8 unsecured appearance bond if the defendant fails to appear in
  2  9 court.  The bill prohibits a defendant charged with driving
  2 10 while the defendant's license is under suspension in violation
  2 11 of Code section 321.218 or 321A.32 from giving the court an
  2 12 unsecured appearance bond.  Under existing law, a defendant
  2 13 may give the court an unsecured appearance bond for any simple
  2 14 misdemeanor offense including driving while under suspension
  2 15 in violation of Code section 321.218 or 321A.32.  The bill
  2 16 effectively requires the issuance of an arrest warrant for a
  2 17 defendant who fails to appear in court for driving while under
  2 18 suspension in violation of Code section 321.218 or 321A.32.
  2 19    The bill also requires an unsecured appearance bond equal
  2 20 to one and one-half times any minimum fine for a simple
  2 21 misdemeanor offense in which an unsecured appearance bond is
  2 22 permitted.  Under existing law, the amount of the unsecured
  2 23 appearance bond is limited to $100 plus court costs.
  2 24    The amendment to Code section 811.2 relates to the release
  2 25 conditions of a criminal defendant.  The bill requires the
  2 26 court to consider a defendant's driving record and failure to
  2 27 pay a prior fine and court costs when considering the release
  2 28 of a defendant from custody.  
  2 29 LSB 5127DP 78
  2 30 jm/cf/24
     

Text: SSB03020                          Text: SSB03022
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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