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