Senate File 2168

                                       SENATE FILE       
                                       BY  KREIMAN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to arraignments in criminal proceedings.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 5895XS 80
  4 jm/sh/8

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