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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