House File 2505 H-8127 Amend House File 2505 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 811.1B Pretrial bond amounts for 4 class “A” and forcible felonies. 5 1. It is the policy of this state that, for certain 6 violent offenses, a court setting bond must give significant 7 consideration to the danger a defendant poses to another person 8 or the property of another if the defendant is not detained 9 pending trial. This consideration is in addition to all others 10 recognized by law, including but not limited to the bond amount 11 necessary to secure the defendant’s appearance. 12 2. a. When probable cause for an offense is found by 13 the magistrate, or the district court has found the minutes 14 supporting an indictment or information are sufficient to 15 support a conviction if unexplained, and after considering the 16 conditions for release as provided in section 811.2, subsection 17 2, the following shall be presumed to be the minimum pretrial 18 bond amounts for each count charged, notwithstanding any other 19 provision of law: 20 (1) For a class “A” felony, a five hundred thousand dollar 21 bond. 22 (2) For a class “B” forcible felony, a twenty-five thousand 23 dollar bond. 24 (3) For a class “C” forcible felony, a ten thousand dollar 25 bond. 26 (4) For a class “D” forcible felony, a five thousand dollar 27 bond. 28 b. The bond amounts in paragraph “a” shall be presumed 29 reasonable, subject to adjustment based upon the factors 30 in section 811.2. In determining conditions of release, 31 the court shall not set bail at an amount that is less than 32 the bond amounts in paragraph “a” unless the court provides 33 justification pursuant to section 811.2, subsection 2, in 34 writing. The bond schedule shall be adjusted annually to 35 -1- HF 2505.3145 (1) 91 (amending this HF 2505 to CONFORM to SF 2399) as/js 1/ 3 #1.
account for inflation. 1 c. The court shall require the execution of a bail bond 2 with sufficient surety, or the deposit of cash in lieu of bond. 3 However, except as provided in section 811.1, bail initially 4 given remains valid until final disposition of the offense or 5 entry of an order deferring judgment. If the amount of bail 6 is deemed insufficient by the court before whom the offense 7 is pending, the court may order an increase of bail and the 8 defendant must provide the additional undertaking, as a surety 9 bond or in cash, to secure release. 10 3. The presumption established in subsection 2, paragraph 11 “b” , may be rebutted upon a showing that the presumptive bond 12 amount is greater than necessary to reasonably assure the 13 defendant’s appearance or the safety of another person or the 14 property of another, after consideration of the factors set 15 forth in section 811.2. In determining whether the presumption 16 has been rebutted, the court shall make findings on the 17 record addressing the basis for any adjustment to the bond 18 amount. In cases involving a violent crime, the court shall 19 give substantial weight to the safety of the victim and the 20 community. 21 4. As with other bond reviews, a determination under this 22 section made by a magistrate is reviewable by a district 23 court judge or a district associate judge having original 24 jurisdiction of the offense with which the defendant is charged 25 pursuant to section 811.2, subsection 7, paragraph “a” , while a 26 determination made by a district court judge is only reviewable 27 by the appellate court pursuant to section 811.2, subsection 28 7, paragraph “b” . 29 Sec. 2. Section 811.2, subsection 1, paragraph a, 30 subparagraph (3), Code 2026, is amended to read as follows: 31 (3) Require the execution of an appearance bond in a 32 specified amount and the deposit with the clerk of the district 33 court or a public officer designated under section 602.1211, 34 subsection 4 , in cash or other qualified security, of a sum not 35 -2- HF 2505.3145 (1) 91 (amending this HF 2505 to CONFORM to SF 2399) as/js 2/ 3
to exceed ten percent of the amount of the bond, the deposit to 1 be returned to the person who deposited the specified amount 2 with the clerk upon the performance of the appearances as 3 required in section 811.6 . 4 Sec. 3. Section 811.2, subsection 1, Code 2026, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. If a pretrial release evaluation is 7 completed by the department of corrections for a magistrate to 8 consider prior to the release of a defendant, the evaluator 9 for the department of corrections must verify all of the 10 information contained in the pretrial release evaluation prior 11 to providing it to the magistrate. 12 Sec. 4. JUDICIAL COUNCIL —— UNIFORM BOND SCHEDULE. The 13 judicial council shall revise and update the bond schedule to 14 adjust for inflation since the previous update that became 15 effective on July 1, 2017. The revised bond schedule shall be 16 submitted to the supreme court no later than July 1, 2027, and 17 shall be adjusted annually thereafter. > 18 2. Title page, by striking line 1 and inserting < An Act 19 relating to pretrial bond amounts for certain felonies. > 20 ______________________________ VONDRAN of Scott -3- HF 2505.3145 (1) 91 (amending this HF 2505 to CONFORM to SF 2399) as/js 3/ 3 #2.