House File 2187HOUSE FILE BY BAUDLER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to bail restrictions imposed against a person who 2 is an unauthorized alien. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5778YH 82 5 jm/rj/5 PAG LIN 1 1 Section 1. Section 811.1, Code 2007, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. A defendant who is an identified 1 4 unauthorized alien and is not lawfully present in the United 1 5 States. 1 6 Sec. 2. NEW SECTION. 811.1B UNAUTHORIZED ALIEN == 1 7 NOTIFICATION. 1 8 The law enforcement agency responsible for the arrest of a 1 9 defendant who has been denied bail pursuant to section 811.1, 1 10 subsection 4, shall notify the United States immigration and 1 11 customs enforcement about the defendant who has been denied 1 12 bail. 1 13 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 14 3, shall not apply to this Act. 1 15 EXPLANATION 1 16 This bill relates to bail restrictions imposed against a 1 17 person who is an unauthorized alien. 1 18 The bill provides that a person who is an identified 1 19 unauthorized alien shall not be eligible for bail when charged 1 20 with a criminal offense. In addition, under Code section 1 21 805.1, a person not eligible for bail is required to be taken 1 22 into custody. 1 23 The bill also requires the law enforcement agency 1 24 responsible for the arrest of an identified unauthorized alien 1 25 to notify the United States immigration and customs 1 26 enforcement about the unauthorized alien. 1 27 The bill may include a state mandate as defined in Code 1 28 section 25B.3. The bill makes inapplicable Code section 1 29 25B.2, subsection 3, which would relieve a political 1 30 subdivision from complying with a state mandate if funding for 1 31 the cost of the state mandate is not provided or specified. 1 32 Therefore, political subdivisions are required to comply with 1 33 any state mandate included in the bill. 1 34 LSB 5778YH 82 1 35 jm/rj/5