House Amendment to Senate File 2399 S-5068 Amend Senate File 2399, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 Section 1. Section 804.21, subsections 2 and 4, Code 2026, 5 are amended to read as follows: 6 2. a. Where When the offense is bailable, the magistrate 7 shall fix bail giving due consideration to the bail at the 8 amount endorsed on the warrant or unless the bail set on the 9 warrant is less than that specified on the bond schedule, and 10 shall give due consideration to other conditions stipulated on 11 the warrant for the defendant’s appearance in the court which 12 that issued the warrant; if such person is not released on 13 bail, the magistrate must redeliver the warrant to the officer, 14 and the officer shall retain custody of the arrested person 15 until the person’s removal to appear before the magistrate who 16 issued the warrant. 17 b. In fixing bail, the magistrate shall not set bail at 18 an amount that is less than, or a percentage of, that on 19 the uniform bond schedule, unless the magistrate provides 20 justification, pursuant to section 811.2, subsection 2, for the 21 deviation in writing. 22 4. When the court is not in session, a person arrested and 23 placed in jail may be released on the person’s own recognizance 24 with or without other conditions, by the verbal or written 25 order of a judge or magistrate. The verbal order may be 26 communicated by telephone. The judge or magistrate may issue 27 such order of release only upon the request of an attorney or 28 person believed by the judge or magistrate to be reliable A 29 defendant is only eligible to be released on the defendant’s 30 own recognizance if the defendant has been charged with a 31 nonviolent, nondrug simple or serious misdemeanor . 32 Sec. 2. Section 804.21, subsection 5, paragraph b, Code 33 2026, is amended to read as follows: 34 b. The bond schedule shall not be used unless both the 35 -1- SF 2399.3187.H (1) 91 md 1/ 4 #1.

following conditions are met: 1 (1) The if the person was arrested for a crime other than a 2 violation of section 708.6 , section 724.26, subsection 1 , or 3 a forcible felony , and 4 (2) The courts are not in session . In determining any 5 conditions of release, a magistrate shall provide justification 6 pursuant to section 811.2, subsection 2, in writing. 7 Sec. 3. Section 804.22, subsection 2, Code 2026, is amended 8 to read as follows: 9 2. a. In determining conditions of release, a magistrate 10 shall not set bail at an amount that is less than, or 11 a percentage of, that on the uniform bond schedule, or 12 otherwise release a defendant, unless the magistrate provides 13 justification pursuant to section 811.2, subsection 2, in 14 writing. 15 b. This section and the rules of criminal procedure do 16 not affect the provisions of chapter 805 authorizing the 17 release of a person on citation or bail prior to initial 18 appearance, unless the person is charged with manufacture, 19 delivery, possession with intent to manufacture or deliver, or 20 distribution of methamphetamine. The initial appearance of a 21 person so released shall be scheduled for a time not more than 22 thirty days after the date of release. 23 Sec. 4. Section 811.1, subsection 2, unnumbered paragraph 24 1, Code 2026, is amended to read as follows: 25 All Except as provided in subsection 3, all defendants 26 are bailable both before and after conviction, by sufficient 27 surety, or subject to release upon condition or on their own 28 recognizance, except that the following defendants shall not be 29 admitted to bail: 30 Sec. 5. Section 811.1, Code 2026, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 3. A defendant is only eligible to be 33 released on the defendant’s own recognizance if the defendant 34 has been charged with a nonviolent, nondrug simple or serious 35 -2- SF 2399.3187.H (1) 91 md 2/ 4

misdemeanor. 1 Sec. 6. Section 811.2, subsection 1, paragraph a, 2 unnumbered paragraph 1, Code 2026, is amended to read as 3 follows: 4 All bailable defendants shall be ordered released from 5 custody pending judgment or entry of deferred judgment on 6 their personal recognizance , except as limited by section 7 811.1, subsection 3 , or upon the execution of an unsecured 8 appearance bond in an amount specified by the magistrate unless 9 the magistrate determines in the exercise of the magistrate’s 10 discretion, that such a release will not reasonably assure the 11 appearance of the defendant as required or that release will 12 jeopardize the personal safety of another person or persons. 13 When such determination is made, the magistrate shall, either 14 in lieu of or in addition to the above methods of release, 15 impose the first of the following conditions of release which 16 that will reasonably assure the appearance of the person 17 for trial or deferral of judgment and the safety of other 18 persons, or, if no single condition gives that assurance, any 19 combination of the following conditions: 20 Sec. 7. Section 811.2, subsection 1, paragraph a, 21 subparagraph (3), Code 2026, is amended to read as follows: 22 (3) Require the execution of an appearance bond in a 23 specified amount and the deposit with the clerk of the district 24 court or a public officer designated under section 602.1211, 25 subsection 4 , in cash or other qualified security, of a sum not 26 to exceed ten percent of the amount of the bond, the deposit to 27 be returned to the person who deposited the specified amount 28 with the clerk upon the performance of the appearances as 29 required in section 811.6 . 30 Sec. 8. Section 811.2, subsection 1, Code 2026, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . c. If a pretrial release evaluation is 33 completed by the department of corrections for a magistrate to 34 consider prior to the release of a defendant, the evaluator 35 -3- SF 2399.3187.H (1) 91 md 3/ 4

for the department of corrections must verify all of the 1 information contained in the pretrial release evaluation prior 2 to providing it to the magistrate. 3 Sec. 9. JUDICIAL COUNCIL —— UNIFORM BOND SCHEDULE. The 4 judicial council shall revise and update the bond schedule to 5 adjust for inflation since the previous update that became 6 effective on July 1, 2017. The revised bond schedule shall be 7 submitted to the supreme court no later than July 1, 2027. > 8 2. Title page, by striking line 1 and inserting < An Act 9 relating to bail and bond amounts and conditions. > 10 -4- SF 2399.3187.H (1) 91 md 4/ 4