Text: SF02167 Text: SF02169 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 804A.1 WRITTEN ARRAIGNMENT FOR
1 2 NOT GUILTY PLEA.
1 3 A defendant represented by an attorney shall enter a plea
1 4 of not guilty by executing and filing a written arraignment
1 5 that substantially complies with the form that accompanies
1 6 R.Cr.P. 2.8, unless the prosecutor, defendant, or the court
1 7 requests a formal arraignment pursuant to R.Cr.P. 2.8. The
1 8 arraignment form must assure the court that the defendant has
1 9 been advised of, and is aware of, all the rights and matters
1 10 specified in R.Cr.P. 2.8 and that the full purposes of an
1 11 arraignment have been satisfied.
1 12 Sec. 2. Section 811.6, subsection 1, Code 2003, is amended
1 13 to read as follows:
1 14 1. A defendant released pursuant to this chapter shall
1 15 appear at a formal arraignment, trial, judgment, or such other
1 16 proceedings where the defendant's appearance is required. If
1 17 the defendant fails to appear at the time and place when the
1 18 defendant's personal appearance is lawfully required, or to
1 19 surrender in execution of the judgment, the court must direct
1 20 an entry of the failure to be made of record, and the
1 21 undertaking of the defendant's bail, or the money deposited,
1 22 is thereupon forfeited. As a part of the entry, except as
1 23 provided in rule of criminal procedure 2.72, the court shall
1 24 direct the clerk of the district court of the county to give
1 25 ten days' notice in writing to the defendant and the
1 26 defendant's sureties to appear and show cause, if any, why
1 27 judgment should not be entered for the amount of bail. If
1 28 such appearance is not made, judgment shall be entered by the
1 29 court. If appearance is made, the court shall set the case
1 30 down for immediate hearing as an ordinary action.
1 31 EXPLANATION
1 32 This bill relates to an arraignment in a criminal
1 33 proceeding.
1 34 The bill provides that a defendant pleading not guilty
1 35 shall file a written arraignment form in lieu of appearing at
2 1 the arraignment hearing unless the prosecutor, defendant, or
2 2 the court requests a formal arraignment. Current rule of
2 3 criminal procedure 2.8 provides that a defendant pleading not
2 4 guilty may file a written arraignment in lieu of appearing at
2 5 the arraignment hearing unless otherwise ordered by the court
2 6 to appear.
2 7 An arraignment is a proceeding where the defendant appears
2 8 before the court to plead "guilty" or "not guilty" to a
2 9 criminal charge.
2 10 LSB 5895XS 80
2 11 jm/sh/8
Text: SF02167 Text: SF02169 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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